Law Commons^™

Differentiating Exclusionary Tendencies, John Infranca

Suffolk University Law School Faculty Works

Despite an academic consensus that easing land use regulations to increase the supply of housing can help lower housing prices, local opposition to new development remains prevalent. Onerous zoning regulations and resistance to new housing persist not only in wealthy suburbs, but also in lower-income urban neighborhoods. In addition to making housing more expensive, such policies increase residential segregation, exacerbate urban sprawl, and have detrimental environmental effects. If increasing supply tends to reduce costs, what explains this opposition, particularly during a period of rising housing costs?
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Regulation Of Securities Offerings In California: Is It Time For A Change After A Century Of Merit Regulation?, Neal H. Brockmeyer

Loyola of Los Angeles Law Review

The California securities law originated in 1913 from a populist movement that embodied a paternalistic attitude toward the protection of investors. It was characterized by the registration of offerings of securities with few exemptions and exclusions, a qualitative review of the merits of those offerings and an administrator with broad authority to implement and enforce the law. While the California securities law is still based on merit review, exclusions and exemptions have been added and expanded over the years by the California legislature and securities regulators. More recently, Congress has preempted state registration and merit review of various securities and …

Symposium: The California Consumer Privacy Act, Margot Kaminski, Jacob Snow, Felix Wu, Justin Hughes

Loyola of Los Angeles Law Review

Loyola of Los Angeles Law Review is pleased to publish the third “symposium discussion” series in which leading experts are invited to engage in an evening symposium on a new or emerging area of law. The subject of our second evening symposium was the California Consumer Privacy Act (CCPA), a statute signed into state law by then- Governor Jerry Brown on June 28, 2018 and effective as of January 1, 2020.

As with most new law, there are many unsettled issues, disagreements about the likely impact of the law, and much to be developed as regulations are established and the …

Litigating An Epidemic: California Plaintiffs In The National Opioid Litigation, Samantha T. Pannier

Loyola of Los Angeles Law Review

Can litigation solve a public health epidemic? The opioid epidemic has cost California 24,885 lives, $4.3 billion, and counting. As a result, over 500 California cities, counties, and sovereign Indian tribes are engaged in civil litigation against over twenty different opioid manufacturers, distributors, and pharmacies for their role in creating and profiting from an epidemic of addiction. Cases brought by California plaintiffs account for about 20 percent of all ongoing opioid litigation nationally. This Note situates the claims of three California plaintiffs— the State, the County of Mariposa, and the City of Los Angeles—within the context of the ongoing national …

Forging A Path Towards Meaningful Digital Privacy: Data Monetization And The Ccpa, Rebecca Harris

Loyola of Los Angeles Law Review

The California Consumer Privacy Act (CCPA) was passed in response to a number of newsworthy data breaches with widespread impacts, and which revealed how little digital privacy consumers actually have. Despite the large market for consumer data, individual consumers generally do not earn money when their personal data are sold. Further, consumers have very little control over who collects their data, what information is collected, and with whom it is shared. To place control back in the hands of the consumer, affirmative consent should be required to collect and sell consumer’s data, and consumers should have the ability to sell …

Mere Common Ownership And The Antitrust Laws, Thomas A. Lambert

Faculty Publications

"Common ownership," also called "horizontal shareholding," refers to a stock investor's ownership of minority stakes in multiple competing firms. Recent empirical studies have purported to show that institutional investors' common ownership reduces competition among commonly owned competitors. "Mere common ownership" is horizontal shareholding that is not accompanied by any sort of illicit agreement, such as a hub-and-spoke conspiracy, or the holding of a control-conferring stake. This Article considers the legality of mere common ownership under the U.S. antitrust laws. Prominent antitrust scholars and the leading treatise have concluded that mere common ownership that has the incidental effect of lessening market …

Amicus Curiae Briefs: A Message From The 7th Circuit, Douglas E. Abrams

Faculty Publications

Like other brief writers, the amicus brief’s writer must heed the court’s rules of practice and procedure, including rules that prescribe a brief’s maximum page length. But a brief writer can meet the court’s circumstances and expectations without going to the max. A few months before he ascended to the Supreme Court bench in 1943, D.C. Circuit Judge Wiley B. Rutledge advised advocates to strike a balance by being “as brief as one can be consistent with adequate and clear presentation of his case."

An amicus’ prudent approach to concise brief writing is to adapt the advice delivered by opera …

2020 Supplementary Directory Of New Bargaining Agents And Contracts In Institutions Of Higher Education, 2013-2019, William A. Herbert, Jacob Apkarian, Joseph Van Der Naald

Publications and Research

The 2020 Supplementary Directory is an analysis of data for the period 2013-2019 of new bargaining units, bargaining agents, and contracts in higher education following publication of our last directory in 2012. The 2020 Supplementary Directory includes a listing of all new bargaining relationships concerning faculty, department chairs, librarians, postdoctoral scholars, academic researchers, and/or graduate student employees. It also includes data about bargaining units that existed prior to 2013 but did not appear in the last directory such as postdoctoral scholar and academic researcher bargaining units. Unlike prior directories, the 2020 Supplementary Directory includes a detailed unit composition description for …

انعدام الأحكام القضائية وفقا للقانون الإماراتي دراسة وصفية تحليلية قائمة على استقراء الأسانيد والنصوص القانونية وأحكام المحاكم العليا, خلود خليل خميس جمعه الحوسني

Private Law Theses

أن فكرة انعدام الحكم القضائي فكرة مؤكدة في التطبيقات القضائية وقد استقر العمل بها أمام المحاكم الإماراتية على الرغم أن المشرع لم يضع لها تنظيما أو يصرح بوجودها، فقد ساهمت التطبيقات القضائية بالدور الأكبر في ترسيخ فكرة الانعدام والاعتراف بها .

وتبين من خلال التطبيقات القضائية أن هناك عدة حالات لانعدام الأحكام القضائية منها م ا يرجع إلى مخالفة قواعد الولاية وغياب الخصومة أو إذا كان الحكم مخالف للشكل المطلوب، كما ويعد الحكم منعدما لتعارضه مع حكم قضائي سابق، وأخيراً إذا كان الحكم مخالفا لنص قطعي في القرآن أو السنة.

ويثبت الانعدام متى توافرت حالة من حالات انعدام الحكم القضائي …

November 2020 Newletter

Ergo

No abstract provided.

When “One Step” Is A Leap: Examining The Fifth Circuit's Correct Interpretation Of The Federal Sentencing Guidelines, Brooke Vaydik

SMU Law Review Forum

No abstract provided.

The Regulatory Framework Of The Market Of Corporate Control Legal And Economic Analysis Of The Saudi Case, Ali Al Sari

Maurer Theses and Dissertations

For many nations across the globe, especially the US and the UK, market for corporate control is a paradigm of policy agenda. This is a significant concept in of economics, finance, and law. Nevertheless, it remains a course of contention even though its merits and demerits have been extensively explored by numerous scholars. Among the various functions of market for corporate control, two stands out. First it is an external governance mechanism that provides a legal platform to discipline insiders. Secondly it has economic significance in ensuring optimal use of resources through assigning and promoting their use. Overlapping of interests, …

Masthead

Missouri Law Review

No abstract provided.

Copyright

Missouri Law Review

No abstract provided.

Table Of Contents

Missouri Law Review

No abstract provided.

“Alternative Method Required” And The Injection Of Imaginary Language Into The Missouri Constitution, Calla M. Mears

Missouri Law Review

Mike Kehoe was appointed to Lieutenant Governor of Missouri in 2018 after Michael Parson became Governor of Missouri following the resignation of Eric Greitens.1 A lawsuit raising interesting questions about the constitutional process for filling public office vacancies quickly followed the appointment of Lieutenant Governor Kehoe.2 Article IV, Section 4 of the Missouri Constitution states: “The governor shall fill all vacancies in public offices unless otherwise provided by law, and his appointees shall serve until their successors are duly elected or appointed and qualified.”3 First, what exactly does the phrase “unless otherwise provided by law” mean in the context of …

Faculty List

Missouri Law Review

No abstract provided.

Corporate Technologies And The Tech Nirvana Fallacy, Luca Enriques, Dirk A. Zetzsche

UC Law Journal

This Article introduces the term Corporate Technologies (“CorpTech”) to refer to the use of distributed ledgers, smart contracts, Big Data analytics, artificial intelligence and machine learning in the corporate context and analyzes the impact of CorpTech on the future of corporate boards. We focus on the tech manifestation of agency problems within corporations and identify—after considering possible market, governance, and regulatory solutions—elements of a governance framework for the CorpTech age. In particular, we take on a prediction often found in the literature, namely that CorpTech has the potential to solve a number of corporate governance problems for good and even …

Beyond Implicit Bias: Litigating Race And Gender Employment Discrimination Using Data From The Workplace Experiences Survey, Joan C. Williams, Rachel M. Korn, Sky Mihaylo

UC Law Journal

This Article joins other voices in challenging what I will call the “implicit bias consensus” in employment discrimination law, first crystallized in the work of Susan Sturm and Linda Hamilton Krieger. The implicit bias consensus has two basic components. The first is that most employment discrimination today is what Sturm christened “second generation employment discrimination” caused by implicit bias that is uncontrollable and unconscious, subtle and ambiguous. The second component of the consensus is that Title VII is ill-suited to address second generation discrimination.

This Article challenges the implicit bias consensus based on six different datasets from the Workplace Experiences …

( الإنعدام كدرجه من درجات بطلان القرار الإداري (دراسة مقارنة, حمدان سالم علي حمدان الشامسي

Public Law Dissertations

تناولت ھذه الدراسة الإنعدام كدرجة من درجات بطلان القرار الإداري وفي المبحث الاول تم بحث الإصول التاریخیة لفكرة الإنعدام اذ تبین أن فكرة الإنعدام نشأت في مھد القانون الخاص لمواجھة القاعدة التي تقضي بأن لابطلان إلا بنص في عقود الزواج و من ثم تطورت فیھ ولكن أدى التوسع في الإخذ بھا الى مھاجمتھا واندثارھا من القانون الخاص لإن التمیز بین العقد الباطل بطلان اً مطلق اً والعقد المنعدم یصطدم مع المنطق حیث لا فرق بینھما من ناحیة الاثر، وھجرت النظریة ومن ثم عاد القانون الخاص الى التقسیم الثنائي وھو البطلان المطلق والنسبي، وفي ما بعد نقلت فكرة الإنعدام الى القانون …

Exporting American Discovery, Yanbai Andrea Wang

University of Chicago Law Review

This Article presents the first comprehensive study of an intriguing and increasingly pervasive practice that is transforming civil litigation worldwide: US judges now routinely compel discovery in this country and make it available for disputes and parties not before US courts. In the past decade and a half, federal courts have received and granted thousands of such discovery requests for use in foreign civil proceedings governed by different procedural rules. I call this global role played by US courts the “export” of American discovery.

This Article compiles and analyzes a data set of over three thousand foreign discovery requests filed …

Necessary “Procedures”: Making Sense Of The Medicare Act’S Notice-And-Comment Requirement, Josh Armstrong

University of Chicago Law Review

The Supreme Court’s recent decision in Azar v Allina Health Services, Inc opened and then declined to resolve a new question of administrative law. In that case, the Court affirmed the DC Circuit’s holding that the Medicare Act, unlike the Administrative Procedure Act (APA), did not exempt so-called “interpretive rules” from notice and comment. Crucially, however, the Supreme Court declined to give any further guidance as to what rules the Medicare Act’s notice-and-comment provision does cover. This lack of guidance added further confusion to an already-murky area of law: the DC Circuit’s current interpretation of the Medicare statute, which is …

“What Shall I Give My Children?”: Installment Land Contracts, Homeownership, And The Unexamined Costs Of The American Dream, Caelin Moriarity Miltko

University of Chicago Law Review

Gwendolyn Brooks’s “The Children of the Poor" is a meditation on parenthood in times of hardship, with a particular focus on the impact of poverty and social injustice. The title of this Comment comes from the second sonnet of Brooks’s tripartite poem: “What shall I give my children? who are poor,/ Who are adjudged the leastwise of the land.” In the poem, Brooks asks an immediate question: How will she respond to her children’s requests right now for material goods and acceptance that she cannot give them? Unable to fulfill those needs, the mother in the poem instructs her children …

Shifting The Burden On Pay-For-Delay Challenges: Analyzing Ab 824’S Effects On Reverse Payment Settlements And Drug Costs, Kevin Wallentine

Loyola of Los Angeles Law Review

Antitrust scholars and agencies have recognized the anticompetitive impact of reverse payment settlements—in which branded and generic drug companies settle patent disputes, typically by delaying the entry of generics into the market. Despite clear competition concerns, these settlements are typically subject to a rule of reason analysis that puts the burden on enforcers and plaintiffs to prove their anticompetitive harms. Recent California legislation—AB 824—shifts the burden to the settling drug companies to prove their arrangement is not anticompetitive. AB 824 presents an opportunity for advocates of lower drug costs but still faces hurdles and shortfalls. This Note examines the efficacy …

The Due Process Of Bail, Jenny E. Carroll

Faculty Scholarship

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 Essay considers the lay of the bail due process landscape through the lens of the district court’s opinion in O’Donnell v. Harris County and the often convoluted historical description of pretrial due process. Even as the O’Donnell court failed to characterize pretrial process as …

Facilitating Money Judgment Enforcement Between Canada And The United States, Paul George

Faculty Scholarship

The United States has attempted for years to create a more efficient enforcement regime for foreign-country judgments, both by treaty and statute. Long negotiations succeeded in July 2019, when the Hague Conference on Private International Law (with U.S. participants, including the Uniform Law Commission) promulgated the new Hague Judgments Convention which harmonizes judgment recognition standards but leaves the domestication process to the enforcing jurisdiction. In August 2019, the Uniform Law Commission took a significant step to fill that gap, though limited to Canadian judgments. The Uniform Registration of Canadian Money Judgments Act provides a registration process similar to that for …

Water Diplomacy And Shared Resources Along The United States-Mexico Border, Maria Elena Giner, Gabriel Eckstein

Faculty Scholarship

The United States and Mexico are geographic neighbors with high economic asymmetry, but also a shared history and intense social, cultural, economic, and security relations. Over 15 million people reside along the U.S.-Mexico border and share an environment that includes many watersheds and air basins transcending political boundaries. Pollution impacts on both sides of the border have required a coordinated response at the local, state, and federal level.

At the federal level, a joint institution was created in in 1889 as the International Boundary Commission and later renamed the International Boundary and Water Commission to provide binational solutions to issues …

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Ag-Gag Laws, Animal Rights Activism, And The Constitution: What Is Protected Speech?, Jodi Lazare

Articles, Book Chapters, & Popular Press

This article examines the constitutionality of ag-gag legislation that has recently been adopted by two Canadian provinces and is on the horizon in others. Ag-gag legislation prohibits activities such as trespass onto agricultural animal operations, gaining entry onto agriculture operations using false pretences, and interfering with the transport of farmed animals to slaughter. The analysis draws on case law and literature interpreting section 2(b) of the Canadian Charter of Rights and Freedoms and engages with scholarship related to animal rights activism, American ag-gag legislation, and feminist animal studies to argue that ag-gag laws violate the fundamental freedoms protected by the …

Briefing Note: Aligning International Investment Agreements With The Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel

Columbia Center on Sustainable Investment Staff Publications

Policy makers and other stakeholders are currently asking fundamental questions about whether and to what extent international investment agreements (IIAs) are consistent with and are helping to advance sustainable development objectives at home and abroad.

A 2019 paper from CCSI examines the alignment of IIAs with the 2030 Sustainable Development Agenda, arguing that while FDI will play an important role in advancing development outcomes, existing treaties must be reformed and future IIAs reimagined in order to achieve deep alignment with the sustainable development goals.

The paper proposes that IIAs should be designed and evaluated with respect to their ability to …