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Articles 601 - 630 of 12041
Full-Text Articles in Law
Cops And Cars: How The Automobile Drove Fourth Amendment Law, Tracey Maclin
Cops And Cars: How The Automobile Drove Fourth Amendment Law, Tracey Maclin
Faculty Scholarship
This is an essay on Professor Sarah A. Seo’s new book, Policing the Open Road: How Cars Transformed American Freedom (Harvard Univ. Press 2019). I focus on Professor Seo’s analysis of Carroll v. United States, 267 U.S. 132 (1925) and Brinegar v. United States, 338 U.S. 160 (1949). Carroll is important not only because it was the Court’s first car case. Understanding Carroll (and Brinegar, which solidified and expanded Carroll’s holding) is essential because, nearly one hundred years later, its logic continues to direct how the modern Court resolves Fourth Amendment claims of motorists. Put simply, a majority of today’s …
Death Of Copyright, Paul Gugliuzza
Death Of Copyright, Paul Gugliuzza
Faculty Scholarship
The four primary bodies of intellectual property law—patent law, copyright law, trademark law, and the law of trade secrets—address the question of duration in different ways. Trade secrets have no fixed duration; the law protects against misappropriation as long as the relevant information remains secret. Trademark protection lasts as long as the mark retains its capacity to distinguish the goods or services it is attached to. In patent law—my primary area of scholarship—duration is fixed, finite, and generally straightforward to determine: you get twenty years from the date you file your patent application. Copyright duration, by contrast, varies depending on …
The Unnecessary And Unfortunate Focus On “Animus,” “Bare Desire To Harm,” And “Bigotry” In Analyzing Opposition To Gay And Lesbian Rights, James E. Fleming
The Unnecessary And Unfortunate Focus On “Animus,” “Bare Desire To Harm,” And “Bigotry” In Analyzing Opposition To Gay And Lesbian Rights, James E. Fleming
Faculty Scholarship
I am delighted to participate in this symposium on Professor Linda C. McClain’s wonderful new book, Who’s the Bigot? Learning from Conflicts over Marriage and Civil Rights Law. All of the other papers in this symposium focus on Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (and thus connect with Chapter Eight of her book, on claims of religious exemptions from protections of gay and lesbian rights), while my piece will join issue with the related Chapter Seven, on bigotry, motives, and morality in the Supreme Court’s gay and lesbian rights cases. In this brief Essay, I cannot do justice …
Response To Commentaries On Who’S The Bigot?, Linda C. Mcclain
Response To Commentaries On Who’S The Bigot?, Linda C. Mcclain
Faculty Scholarship
One of the joys of writing a book is the chance to have its arguments and observations evaluated by creative and engaged readers. I am very grateful that the scholars included in this book symposium provided such constructive commentary on the manuscript of my book, Who’s the Bigot? Learning from Conflicts over Marriage and Civil Rights Law. One of those commentators, Professor Imer Flores, also generously hosted a wonderful live conference at which I had the chance to hear and engage with early versions of several of these commentaries. The final book, I hope, reflects improvements that grew out of …
Index Funds And The Future Of Corporate Governance: Theory, Evidence, And Policy, Lucian Bebchuk, Scott Hirst
Index Funds And The Future Of Corporate Governance: Theory, Evidence, And Policy, Lucian Bebchuk, Scott Hirst
Faculty Scholarship
Index funds own an increasingly large proportion of American public companies. The stewardship decisions of index fund managers—how they monitor, vote, and engage with their portfolio companies—can be expected to have a profound impact on the governance and performance of public companies and the economy. Understanding index fund stewardship, and how policymaking can improve it, is thus critical for corporate law scholarship. In this Article we contribute to such understanding by providing a comprehensive theoretical, empirical, and policy analysis of index fund stewardship.
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Common Ownership And Executive Incentives: The Implausibility Of Compensation As An Anticompetitive Mechanism, David I. Walker
Common Ownership And Executive Incentives: The Implausibility Of Compensation As An Anticompetitive Mechanism, David I. Walker
Faculty Scholarship
Mutual funds, pension funds and other institutional investors are a growing presence in U.S. equity markets, and these investors frequently hold large stakes in shares of competing companies. Because these common owners might prefer to maximize the values of their portfolios of companies, rather than the value of individual companies in isolation, this new reality has lead to a concern that companies in concentrated industries with high degrees of common ownership might compete less vigorously with each other than they otherwise would. But what mechanism would link common ownership with reduced competition? Some commentators argue that one of the most …
Do The “Haves” Come Out Ahead In Chinese Grassroots Courts? Rural Land Disputes Between Married-Out Women And Village Collectives, Peter C. H. Chan
Do The “Haves” Come Out Ahead In Chinese Grassroots Courts? Rural Land Disputes Between Married-Out Women And Village Collectives, Peter C. H. Chan
UC Law Journal
This Article tests Galanter’s party capability theory in China’s grassroots courts by empirically examining 858 sampled judgments of rural land dispute lawsuits between married- out women (the “have-nots,” or the less resourceful party) and village collectives (the “haves,” or the more resourceful party) throughout China from 2009 to 2017. An analysis of this study’s results yields a groundbreaking discovery, the “have-nots” came out ahead in China’s courts by a substantial margin. This finding contradicts Galanter’s theory—under which the “haves” should prevail—and the established view that the “haves” should come out ahead in China (a leading study on Shanghai courts found …
Beyond The Double Veto: Housing Plans As Preemptive Intergovernmental Compacts, Christopher S. Elmendorf
Beyond The Double Veto: Housing Plans As Preemptive Intergovernmental Compacts, Christopher S. Elmendorf
UC Law Journal
The problem of local-government barriers to housing supply is finally enjoying its moment in the sun. For decades, the states did little to remedy this problem and arguably they made it worse. But spurred by a rising Yes in My Backyard (YIMBY) movement, state legislatures are now trying to make local governments plan for more housing, allow greater density in existing residential zones, and follow their own rules when reviewing development applications. This Article describes and takes stock of the new state housing initiatives, relating them to preexisting Northeastern and West Coast approaches to the housing-supply problem; to the legal-academic …
Memorializing The Right To Free Speech: Hess V. Indiana And The Iu Bicentennial, Ashley A. Ahlbrand
Memorializing The Right To Free Speech: Hess V. Indiana And The Iu Bicentennial, Ashley A. Ahlbrand
Articles by Maurer Faculty
No abstract provided.
‘Overreaching’ Or ‘Overreacting’? Reflections On The Judicial Function And Approaches Of Wto Appellate Body, Weihuan Zhou, Henry S. Gao
‘Overreaching’ Or ‘Overreacting’? Reflections On The Judicial Function And Approaches Of Wto Appellate Body, Weihuan Zhou, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since 2017, the US has blocked appointments to the WTO Appellate Body (AB), citing various concerns over its judicial approach, with the most significant being the issue of judicial overreach. This article provides a critical analysis of this issue and makes important contributions to the ongoing debate. Drawing on the fundamental function of the WTO, it offers a fresh approach to assess judicial overreach and shows that AB rulings in major non-trade remedy cases (that have consistently concerned the US) have served that function and hence should not be treated as ‘overreaching’. We argue that, the allegation of judicial overreach, …
Transparency Of Insurance Contract Law In Singapore, Christopher C. H. Chen
Transparency Of Insurance Contract Law In Singapore, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
No abstract provided.
Examining Racial & Ethnic Disparities In The Reach Of The Medicare Shared Savings Program, Lindsey Arneson
Examining Racial & Ethnic Disparities In The Reach Of The Medicare Shared Savings Program, Lindsey Arneson
Capstone Experience: Master of Public Health
It is important to understand the quality of health care for racial and ethnic minorities covered under the largest U.S. government-run insurance program, Medicare, because the demographics of the U.S. are becoming older and more diverse. A new value-based program under Medicare is the Shared Savings Program (MSSP), which creates incentives to improve care quality and health outcomes for Medicare beneficiaries with a specific focus on increasing the provision of preventive care services. This capstone project aims to understand the representation of racial/ethnic minority Medicare beneficiaries, namely African Americans/Blacks and Hispanics/Latinxs, that receive care from providers or facilities (i.e., Accountable …
Table Of Contents - Cardozo Law Review, Volume 41, Issue 2
Table Of Contents - Cardozo Law Review, Volume 41, Issue 2
Cardozo Law Review
No abstract provided.
Katz In The Cradle: The Second Justice Harlan And Reasonable Expectations Of Privacy In Electronic Transactional Information, Zachary Silver
Katz In The Cradle: The Second Justice Harlan And Reasonable Expectations Of Privacy In Electronic Transactional Information, Zachary Silver
Cardozo Law Review
No abstract provided.
Killer's Code: Familial Dna Searches Through Third-Party Databases Under Carpenter, Jesse Kitnick
Killer's Code: Familial Dna Searches Through Third-Party Databases Under Carpenter, Jesse Kitnick
Cardozo Law Review
No abstract provided.
Trauma On The Border: Immigrant Children In Detention Centers, Yosseline Pacheco
Trauma On The Border: Immigrant Children In Detention Centers, Yosseline Pacheco
Capstone Projects and Master's Theses
Between the year 2018 through 2019, there has been a sixty-percent increase in unaccompanied children at the Southwest border where they are later transferred to the care of the Office of Refugee Resettlement (ORR). The dramatic increase in undocumented children are immigrants from Guatemala, Honduras, and El Salvador (the Northern Triangle countries of Central America). (Cardosa, Brabeek, Stinchcomb, Heidbrink, Price, Fil.Garcia, Crea & Zayas pg 1,2). During those two years the Trump administration passed many harsh policies designed to decrease the flow of migration, yet it has only done the opposite with the new formations of caravans that are headed …
Raping Indian Country, Sarah Deer, Elizabeth Kronk Warner
Raping Indian Country, Sarah Deer, Elizabeth Kronk Warner
Utah Law Faculty Scholarship
In this article, we have examined the policies of the Trump Administration as they relate to extractive development on and near Indian country, and policies related to the protection of Native people from rape and sexual assault. As demonstrated above, the Administration’s policies are likely to increase both the environmental and physical vulnerabilities of Native people. Native people will not only likely face exasperated physical insecurity, but their environments will likely be increasingly stripped on natural resources. As a result, the raping of Indian county continues. But, this article is not without hope. At least two ways forward, improvements upon …
Alaska’S Constitution And Felony Disenfranchisement: A Historical And Legal Analysis, Jc Croft
Alaska’S Constitution And Felony Disenfranchisement: A Historical And Legal Analysis, Jc Croft
Alaska Law Review
A disproportionately high segment of Alaska’s incarcerated population is non-white, placing many of these citizens under the purview of the state’s felony disenfranchisement statute. This Article argues that the Alaska legislature has impermissibly broadened the scope of the felony disenfranchisement provision over time. This provision, expressly included in the Alaska Constitution and specifically debated during the convention, permits the revocation of voting rights for a person convicted of a felony involving “moral turpitude.” Rather than leave the definition of this provision to the courts, the Alaska legislature has toyed repeatedly with identifying the crimes that involve moral turpitude. Not only …
The Road Goes Ever On And On: A Path Through The Wilderness On R.S. 2477 Litigation In Alaska, Michelle Jackson
The Road Goes Ever On And On: A Path Through The Wilderness On R.S. 2477 Litigation In Alaska, Michelle Jackson
Alaska Law Review
Seeking to encourage people to settle the public domain, the federal government established the R.S. 2477 right of way, a grant to construct highways over land in the public domain. There are now thousands of miles of highway across the Western United States constructed pursuant to the authority in R.S. 2477, but most of these rights of way were never documented by any formal process. Alaska has made it a priority to document existing R.S. 2477 rights of way in an effort to manage and develop public lands. Identifying existing R.S. 2477 rights of way is essential for economic development, …
A Better Kind Of Frozen Food: Using State And Federal Law To Bring School Farming And Other Community Agriculture To Rural Alaska Communities, Charles Kidd
Alaska Law Review
Despite a seeming abundance of nourishment in the state, with folklore of Alaska rivers so full of salmon that one can walk across to the opposite shore without getting one’s feet wet, Alaska is a very food-insecure state. As of 2014, 15% of Alaskans were found to be food insecure. This rate is part of an increasing trend; from 1998 to 2007, food insecurity increased to 3.7% in Alaska, the largest increase in the country. Further, because only 5% of the food consumed in Alaska is actually produced in-state, there is typically only a three to five-day supply of food …
The Impact Of Sturgeon Ii On Alaska Subsistence Management: A Chance For Peace In The Jurisdiction Wars, Craig Jones
The Impact Of Sturgeon Ii On Alaska Subsistence Management: A Chance For Peace In The Jurisdiction Wars, Craig Jones
Alaska Law Review
In Sturgeon v. Frost, the Supreme Court addressed the status of navigable waters in Alaska’s conservation system units. In holding that these waters are not “public lands” for the purposes of ANILCA, the Court limited the ability of the federal government to regulate them. In a footnote, Sturgeon preserved the longstanding Katie John trilogy of Ninth Circuit precedent regarding subsistence rights. This new jurisdictional framework has the potential to cause problems for subsistence management in Alaska. This Note addresses these potential consequences and proposes possible steps to create a more harmonized subsistence management system through greater cooperation between the federal …
Subsistence & Sturgeon: Federal Enforcement On Alaska’S Rivers, Elliot Louthen
Subsistence & Sturgeon: Federal Enforcement On Alaska’S Rivers, Elliot Louthen
Alaska Law Review
In March 2019, the United States Supreme Court decided Sturgeon v. Frost , unanimously holding navigable waters within Alaska’s national parks are exempt from the Park Service’s normal regulatory authority. The result of the Court’s holding has stifled federal law enforcement in Alaska. An overly cautious interpretation of Sturgeon could jeopardize federal enforcement in its entirety on the thousands of miles of navigable rivers in Alaska. However, considered in the broader context of the history of Alaskan subsistence rights and corresponding jurisprudence, there is ample legal footing in the Sturgeon opinion to provide federal law enforcement personnel with authority to …
The Words Of Comparative Law, Olivier Moréteau
The Words Of Comparative Law, Olivier Moréteau
Journal Articles
While the word "comparative" refers to a cognitive and intellectual activity supposing that there are several elements to compare, the word "law" is used in the singular, as if law was to be compared to itself The whole phrase indicates that comparison takes place within the study of the law, but the use of the singular does not point to a pluralistic approach: what do we mean by law? Should we not talk about "comparing the laws" or "legal comparison"? With a reflection on the words of the law as a starting point, this paper visits the corpus of comparative …
Pornographic Deepfakes: The Case For Federal Criminalization Of Revenge Porn’S Next Tragic Act, Rebecca A. Delfino
Pornographic Deepfakes: The Case For Federal Criminalization Of Revenge Porn’S Next Tragic Act, Rebecca A. Delfino
Fordham Law Review
This could happen to you. Like millions of people worldwide, you have uploaded digital photographs of yourself to the internet through social media platforms. Your pictures aren’t sexually explicit or revealing—they depict your daily life, spending time with friends or taking “selfies” on vacation. But then someone decides they don’t like you. Using an app available on any smartphone, this antagonist clips digital images of your face from your innocuous pictures and pastes them seamlessly onto the body of a person engaged in sexually explicit acts. Without your knowledge or consent, you become the “star” of a realistic, pornographic “deepfake.” …
How To Explain To Your Twins Why Only One Can Be American: The Right To Citizenship Of Children Born To Same-Sex Couples Through Assisted Reproductive Technology, Lena K. Bruce
Fordham Law Review
Sections 301 and 309 of the Immigration and Nationality Act (INA) govern birthright citizenship by descent. Per the U.S. Department of State’s (DOS) interpretation of these sections, to transmit citizenship to a child, the U.S. citizen-parent must have a biological connection with the child. For couples who use assisted reproductive technology (ART) to have children, however, this means that one parent will always be barred from transmitting citizenship to their own child. This is because in ART families, at least one parent will always lack the biological connection that the DOS requires to transmit citizenship pursuant to the INA. This …
“Armed And Dangerous” A Half Century Later: Today’S Gun Rights Should Impact Terry’S Framework, Alexander Butwin
“Armed And Dangerous” A Half Century Later: Today’S Gun Rights Should Impact Terry’S Framework, Alexander Butwin
Fordham Law Review
Over fifty years ago, in Terry v. Ohio, the U.S. Supreme Court established a two-part framework in which police officers may, without a warrant, stop and search an individual for weapons without violating the Fourth Amendment’s protections against unreasonable searches and seizures. Officers must (1) suspect that criminal activity has occurred, or will soon occur, and (2) have a reasonable fear that the individual is “armed” and poses a threat to the responding officers or to others—i.e., “dangerous.” The second prong’s exact meaning is disputed and has created a split among the circuits as to whether merely being “armed” …
Public Nuisance Claims After Conagra, Steven Czak
Public Nuisance Claims After Conagra, Steven Czak
Fordham Law Review
This Note examines the continuing harms of lead-based paint and attempts by cities and states to hold manufacturers and distributors liable for abatement under the public nuisance doctrine. Such suits have stretched traditional conceptions of public nuisance, particularly on the threshold issue of whether pervasive lead paint in residences infringes on a common right held by the public. This Note reviews the major lead paint public nuisance cases from across the country. The plaintiffs were unsuccessful in each case for a variety of reasons until ten California counties prevailed in People v. ConAgra in November 2017. While subsequently reduced by …
Reframing The Punishment Test Through Modern Sex Offender Legislation, Jane Ramage
Reframing The Punishment Test Through Modern Sex Offender Legislation, Jane Ramage
Fordham Law Review
Modern sex offender registration and notification laws blur the distinction between criminal and civil law. Despite being labeled as civil regulatory schemes, these laws impose severe burdens on personal liberty—burdens that we tend to associate with criminal punishment. In 2003, the U.S. Supreme Court determined that at least one sex offender registration and notification program functioned as a civil remedy rather than a criminal sanction. In upholding the Alaska Sex Offender Registration Act, the Supreme Court held that the burdens imposed by the statute did not impose additional punishment on registered sex offenders and thus did not trigger the constitutional …