Law Commons^™

Due Process On Campus: Where Do Procedural Rights Come From, And What Do They Require?, R. George Wright

Nevada Law Journal

No abstract provided.

States And Systemic Risk: An Analysis Of The Dodd-Frank Act’S (Un)Cooperative Federalism, Daniel A. Lyons

Nevada Law Journal

The Financial Stability Oversight Council represented an innovative approach to the problem of systemic risk in the American economy. It also represented an innovative form of cooperative federalism. By grafting state regulators onto the Council as nonvoting members, Congress hoped this new federal superregulator would draw upon a reservoir of state expertise and local knowledge so that the Council’s final decisions reflected a collaborative effort between the nation’s top experts at the federal and state level.

But looking back over the first decade of the Council’s operations, it is clear that this experiment failed to work as Congress intended. Federal …

Unleashing Pets From Dead-Hand Control, Kaity Y. Emerson, Kevin Bennardo

Nevada Law Journal

No abstract provided.

Victims’ Rights Moving Forward After The Epstein Case, Jessica Phipps

Nevada Law Journal

No abstract provided.

How To Be A Better Plea Bargainer, Cynthia Alkon, Andrea Kupfer Schneider

Faculty Scholarship

Preparation matters in negotiation. While plea bargaining is a criminal lawyer’s primary activity, the value of this skill is discounted by law schools and training programs. A systemic model can be used to improve plea bargaining skills. This Article offers a prep sheet for both prosecutors and defense attorneys and explains how each element of the sheet specifically applies to the plea bargaining context. The prep sheet is designed as a learning tool so that the negotiator can learn from the sheet and then make their own. The sheet highlights important considerations such as understanding the interests and goals of …

From The Editors, Robert Dinerstein, Jeremy R. Paul, Sonia E. Rolland, Ezra Rosser

Journal of Legal Education

No abstract provided.

Zoning And The Cost Of Housing: Evidence From Silicon Valley, Greater New Haven, And Greater Austin, Robert C. Ellickson

Cardozo Law Review

Municipal zoning, shockingly, may be the most consequential regulatory program in the United States. This Article develops metrics for measuring the extent to which a locality’s zoning practices are exclusionary, that is, limit construction of least-cost housing. It applies the metrics to actual zoning ordinances and zoning maps, materials that legal scholars have seldom closely appraised. The municipalities chosen for study lie in three metropolitan areas, the ones listed in the Article’s title. Of the three, zoning in Greater Austin, one of the fastest growing metropolitan areas in the United States, is—to no one’s surprise—the most conducive to housing development. …

Volume 105, Number 3 (Fall/Winter 2021-22)

Judicature

No abstract provided.

J Mich Dent Assoc September 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story with “Reports from the Dental School Deans”, Dr. Mert Aksu and Dr. Laurie McCauley.
• A feature article from the Journal’s DEI series, “Building a Culturally Competent Practice”.
• A feature article, “Disability Insurance: 10 Things You Need to Know”.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and …

The Super Panel Doctrine

UBC Law Review

No abstract provided.

Law Library Blog (September 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law Library Blog (October 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Ford Motor Company V. Montana Eighth Judicial District Court: Lots Of Questions, Some Answers, Patrick J. Borchers, Richard D. Freer, Thomas C. Arthur

Emory Law Journal Online

In Ford Motor Company v. Montana Eighth Judicial District Court, the Supreme Court handed down its seventh personal jurisdiction decision in the last ten years. Ford—involving two consolidated state-court products liability suits alleging defects in the defendants’ cars that injured forum-state residents in their home states—is the only case in the Supreme Court’s decade-long spate of jurisdictional decisions to find the minimum contacts test satisfied. In this Article, we examine all three opinions of the case. Ford is a welcome return to serious consideration of the fairness of the assertion of jurisdiction. Unlike its six immediate predecessors, Ford …

The Mysterious Market For Post-Settlement Litigant Finance, Ronen Avraham, Lynn A. Baker, Anthony J. Sebok

Articles

Litigant finance is a growing and increasingly controversial industry in which financial firms advance a plaintiff money in exchange for ownership rights in the proceeds of the legal claim on a nonrecourse basis: A plaintiff must repay the advance only if compensation is ultimately received for the legal claim. The nonrecourse nature of this funding exempts it from most states’ consumer credit laws, enabling funders to charge higher interest and fees than would otherwise be permitted. When this funding involves ordinary consumers, critics of the industry contend that the uncapped interest rates exploit vulnerable litigants, while its defenders argue that …

Legalizing Undocumented Work, Jennifer J. Lee

Cardozo Law Review

No abstract provided.

Editorial Foreword Ijsls Volume 1 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

No abstract provided.

Legal Education In Indonesia, Adriaan Bedner, Jacqueline Vel

The Indonesian Journal of Socio-Legal Studies

Many of the discussions about legal education in Indonesia are similar to the ones conducted in other countries. They reflect the tension between a liberal legal education on the one hand and a vocational training on the other, as well as the tension between a legal education preparing students for legal practice and one preparing them for a broad range of generalist positions. However, we argue that legal education in Indonesia is also marred by problems of the legal system itself and by a lack of communication between its constituent parts – the judiciary, the legislative, the bar, public prosecutors, …

The Influence Of Prosecutorial Overcharging On Defendant And Defense Attorney Plea Decision Making: Documenting And Debiasing The Anchoring Effect, Stephanie Aurora Cardenas

Dissertations, Theses, and Capstone Projects

Strategic overcharging, a practice that some prosecutors readily employ to threaten defendants with excessively severe sentences, undermines the Sixth Amendment right to trial by coercing defendants to plead guilty rather than face penalties disproportionate to their alleged misconduct. Legal scholars and psychologists have long suggested that strategic overcharging may elicit powerful anchoring effects that bias defendants’, but not attorneys’ evaluations, of the plea offer. The current research sought to examine (a) the extent to which mock defendants and legal professionals were susceptible to the anchoring bias, (b) elucidate the mechanism underlying susceptibility to the anchoring effect in plea contexts, and …

What Counts As Data?, Anya Bernstein

Faculty Scholarship

Legal corpus linguistics usually does something a little different. It uses datasets of language that has nothing to do with the law-articles, novels, TV shows, and so on.12 From these, it

draws conclusions about how people ought to understand language that is used in the law.13 So legal corpus linguistics takes some words used in a statute and tracks how they appear in settings that differ in genre, register, situation, and participants from that of a statute. Then, having assessed how those words are used in those nonstatutory situations, it proposes that we should understand the statutory use of those …

Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein

Faculty Scholarship

Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that promise because it ignores the crucial contexts in which legal language is produced, interpreted, and deployed.

First, legal corpus linguistics neglects the relevant legal context—the conditions that give legal language authority. Because of this, legal corpus studies’ evidence about language use perversely obscures and misstates …

A Dose Of Dignity : Equitable Vaccination Policies For Incarcerated People And Correctional Staff During The Covid-19 Pandemic, Itay Ravid, Jordan M. Hyatt, Steven L. Chanenson

Faculty Publications

Since its emergence in early 2020, the COVID-19 pandemic has altered the lives of millions of Americans. As it so often is during times of crisis, our most vulnerable communities have disproportionately suffered and were overlooked. Among these myriad communities, incarcerated people became a particularly potent symbol of our failure to handle the spread of the virus. In December 2020, a beacon of hope emerged with the introduction of new cutting-edge vaccines which promised to bring the world back to where it was just a year-and-a-half ago. Here again, however, policy and politics have led states to adopt different distribution …

Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy

Dalhousie Law Journal

The Genetic Non-Discrimination Act (GNDA), passed by Parliament in 2017, seeks to protect Canadians’ genetic information. The GNDA establishes certain criminal prohibitions to the use of genetic information and also amends federal employment and human rights legislation to protect against genetic discrimination. However, we argue that the GNDA alone is insufficient to protect Canadians given constitutional limitations on the powers of the federal government. Areas of profound importance relating to genetic discrimination are governed by the provinces and territories. We identify three key areas of provincial/territorial jurisdiction relevant to protection against genetic discrimination and outline the applicable legislative environments. We …

Table Of Contents - Cardozo Law Review, Volume 42, Issue 5

Cardozo Law Review

No abstract provided.

Winning, Defined? Text-Mining Arbitration Decisions, Charlotte S. Alexander, Nicole G. Iannarone

Cardozo Law Review

Who wins in consumer arbitration? Historically, this question has been nearly impossible to answer, as most arbitration proceedings are a private black box, and arbitral forums release only limited summary statistics. One exception is the Financial Industry Regulatory Authority (FINRA), which arbitrates virtually all disputes between investors and stockbroker-dealers, and makes all of its nearly 60,000 written arbitration decisions publicly available in an online database. This Article is the first to use computational text analysis tools to study these decisions, and to construct a measure of the claimants’ win, loss, and settlement rates. It is the first installment in an …

Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett

Cardozo Law Review

Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama’s immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante, but the record of using prosecutorial discretion to accomplish humanitarian goals in immigration enforcement under Obama was, at best, mixed. Moreover, it is unclear whether Biden can depend on the availability of programs such as Deferred Action for Childhood Arrivals (DACA), Obama’s signature prosecutorial discretion program. Although the …

Fighting Chance: Conflicts Over Risk In Social Change Litigation, Gwendolyn Leachman

Cardozo Law Review

Drawing on a case study of marriage equality litigation, this Article examines how practice setting affects the construction of risk and the emergence of conflict in social change litigation. Although private law firms often work collaboratively with social movement organizations to pursue common goals, conflicts also emerge when movement groups oppose “risky” private litigation which could imperil the movement’s ongoing impact litigation strategies. How do attorneys in private firms and social movement organizations vary in their framing of risk in social change litigation? Under what conditions does that variation lead to conflict? The findings show that movement-based LGBT rights attorneys …

Corporate Law, Retooled: How Books And Records Revamped Judicial Oversight, Roy Shapira

Cardozo Law Review

In a string of landmark corporate law rulings in the mid-2010s (most notably, Corwin v. KKR Financial Holdings), Delaware’s Supreme Court supposedly relaxed the standards of judicial review across a wide range of business transactions. Commentators predicted that this development would render corporate law irrelevant to the regulation of business behavior, thereby insulating managers from accountability and leading to a deterioration in corporate governance. Yet recent empirical studies have refuted the predictions: directors operating under the revamped decisional law still try as hard and get as good results as they did prior to Corwin. This Article examines why Delaware’s corporate …

Commandeering The Indian Child Welfare Act: Native American Rights Exception To Tenth Amendment Challenges, Jessie Shaw

Cardozo Law Review

No abstract provided.

Between A Rock And A Hard Place: The Implications Of St. Bernard Parish Government V. United States On Flood Takings, Mariel Talmage

Cardozo Law Review

No abstract provided.

From Museum To The Auction Block: Regulating The Deaccessioning Of Art, Jenny Lyubomudrova

Cardozo Law Review

No abstract provided.