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Full-Text Articles in Law
Separating Fact From Fiction In Evaluating The Endangered Species Act: Recognizing The Need For Ongoing Conservation Management And Regulation, William L. Andreen
Separating Fact From Fiction In Evaluating The Endangered Species Act: Recognizing The Need For Ongoing Conservation Management And Regulation, William L. Andreen
Articles
No abstract provided.
Paying For Pretrial Detention, Russell M. Gold
Paying For Pretrial Detention, Russell M. Gold
Articles
American criminal law vastly overuses pretrial detention even as it purports to presume defendants innocent. This Article compares financial incentives in pretrial detention to those in civil preliminary injunctions. Both are procedures where one of the parties seeks relief before judgment. And yet, these two procedures employ financial incentives in opposite ways. Civil procedure discourages interim relief by requiring plaintiffi to bear financial risk when they obtain a preliminary injunction. Criminal law does the opposite-encouraging interim relief by requiring defendants to pay to avoid pretrial detention. The reasons that civil procedure relies on financial incentives to discourage requests for interim …
The First Amendment As A Procrustean Bed?: On How And Why Bright Line First Amendment Tests Can Stifle The Scope And Vibrancy Of Democratic Deliberation, Ronald J. Krotoszynski Jr.
The First Amendment As A Procrustean Bed?: On How And Why Bright Line First Amendment Tests Can Stifle The Scope And Vibrancy Of Democratic Deliberation, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Occupational Licensing And The Opioid Crisis, Benjamin J. Mcmichael
Occupational Licensing And The Opioid Crisis, Benjamin J. Mcmichael
Articles
The United States' affordable care crisis and chronic physician shortage have required nurse practitioners to assume increasingly important roles in the healthcare system. Nurse practitioners can address critical access-to-care problems, provide safe and effective care, and lower the cost of care. However, restrictive occupational licensing laws - specifically, scope-of-practice laws - have limited their ability to care for patients. Spurred by interest groups opposed to allowing nurse practitioners to practice independently, states require physician supervision of nurse practitioners. Research has discredited many of the traditional reasons for these restrictive laws, but emerging arguments assert that independent practice will deepen the …
Rethinking Standards Of Appellate Review, Adam N. Steinman
Rethinking Standards Of Appellate Review, Adam N. Steinman
Articles
Every appellate decision typically begins with the standard of appellate review. The Supreme Court has shown considerable interest in selecting the standard of appellate review for particular issues, frequently granting certiorari in order to decide whether de novo or deferential review governs certain trial court rulings. This Article critiques the Court's framework for making this choice and questions the desirability of assigning distinct standards of appellate review on an issue-by-issue basis. Rather, the core functions of appellate courts are better served by a single template for review that dispenses with the recurring uncertainty over which standard governs which trial court …
Some Musings As Llcs Approach The Fifty-Year Milestone, Susan Pace Hamill
Some Musings As Llcs Approach The Fifty-Year Milestone, Susan Pace Hamill
Articles
No abstract provided.
Safeguarding A Will: Will Deposit Statutes, Alberto Lopez
Safeguarding A Will: Will Deposit Statutes, Alberto Lopez
Articles
No abstract provided.
Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo
Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo
Articles
In the era of COVID-19, the term essential labor has become part of our daily lexicon. Between March and May 2020, essential labor was not just the only kind of paid labor occurring across most of the United States; it was also, many argued, the only thing preventing utter economic and humanitarian collapse. As a result of this sudden significance, legal scholars, workers' advocates, and politicians have scrambled to articulate exactly what makes essential labor "essential." Some commentators have also argued that the rise of essential labor as a conceptual category disrupts or should disrupt longstanding patterns in the way …
Payday, Yonathan A. Arbel
Payday, Yonathan A. Arbel
Articles
Legislation lags behind technology all too often. While trillions of dollars are exchanged in online transactions-safely, cheaply, and instantaneously-workers still must wait two weeks to a month to receive payments from their employers. In the modern economy, workers are effectively lending money to their employers, as they wait for earned wages to be paid. The same worker who taps a credit card to pay for groceries in semiautomated checkout lines depends on dated payroll systems that only transfer payments on a "payday." Workers, especially those living paycheck-to-paycheck, are hard-pressed to meet their daily needs and turn to expensive, short-term credit …
Health Justice Strategies To Eradicate Lead Poisoning: An Urgent Call To Safeguard Future Generations, Allyson E. Gold, Emily A. Benfer, Emily Coffey, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz
Health Justice Strategies To Eradicate Lead Poisoning: An Urgent Call To Safeguard Future Generations, Allyson E. Gold, Emily A. Benfer, Emily Coffey, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz
Articles
Despite over a century of evidence that lead is a neurotoxin that causes irreparable harm, today, lead continues to pervade children's environments and remains a constant threat to health and wellbeing. One in three homes across the United States housing children under the age of six has significant lead-based paint hazards that place occupants at risk of permanent neurological harm and lifelong poor health risks. Federal, state, and local governments must use a range of primary prevention strategies in order to fully eradicate the risks and protect children from lead poisoning. This Article provides a comprehensive examination of best practices …
Safety, Crisis, And Criminal Law, Jenny E. Carroll
Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove
Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove
Articles
There is something missing in interpretive theory. Recent controversies-involving, for example, the first travel ban and funding for sanctuary cities-demonstrate that presidential "laws" (executive orders, proclamations, and other directives) raise important questions of meaning. Yet, while there is a rich literature on statutory interpretation and a growing one on regulatory interpretation, there is no theory about how to discern the meaning of presidential directives. Courts, for their part, have repeatedly assumed that presidential directives should be treated just like statutes. But that does not seem right: theories of interpretation depend on both constitutional law and institutional setting. For statutes, the …
Farm-Raised Trout, Richard Delgado, Jean Stefancic
The Due Process Of Bail, Jenny E. Carroll
The Due Process Of Bail, Jenny E. Carroll
Articles
The Due Process Clause is a central tenet of criminal law's constitutional canon. Yet defining precisely what process is due a defendant is a deceptively complex proposition. Nowhere is this more true than in the context of pretrial detention, where the Court has relied on due process safeguards to preserve the constitutionality of bail provisions. This Article considers the lay of the bail due process landscape through the lens of the district court's opinion in ODonnell v. Harris County and the often convoluted historical description of pretrial due process. Even as the ODonnell court failed to characterize pretrial process as …