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Articles 1411 - 1440 of 11451
Full-Text Articles in Law
The Immorality Of Originalism, Jack M. Beermann
The Immorality Of Originalism, Jack M. Beermann
Catholic University Law Review
The central claim of this essay is that in interpreting the U.S. Constitution, it is immoral to choose original intent over social welfare, broadly conceived. Once this argument is laid out and defended on its own terms, I support the central claim with a variety of arguments, including the defective process pursuant to which the Constitution was enacted, the deeply flawed substantive content of the Constitution, the incongruity of fidelity to the views of a generation of revolutionaries, the current virtual imperviousness of the Constitution to amendment, the failure of the Constitution to resolve fundamental questions concerning the allocation of …
Defending Against Projects Of Faction: Reforming The Congressional Investigation Process, John Sullivan
Defending Against Projects Of Faction: Reforming The Congressional Investigation Process, John Sullivan
Catholic University Law Review
Throughout American history, the power to investigate has been one of key powers of the U.S. Congress. This power, shaped by the Congress itself and the courts, has evolved into a critical tool used to hold parties accountable and to promote effective legislation for the American people. Yet as much as it can be used to further the interests of all Americans, so too can it be used to further a party’s own political agenda. Today, the congressional investigation process has become overly-politicized, misused for fundraising purposes, and overseen by members of Congress who are not investigators by trade.
As …
Unreimbursed Medical Expense Tax Deductions In Light Of Per-And Polyfluoroalkyl Substances, Tyler Young
Unreimbursed Medical Expense Tax Deductions In Light Of Per-And Polyfluoroalkyl Substances, Tyler Young
Catholic University Law Review
Per– and Ployfluoroalkyl Substances (PFAS) have been used in a wide variety
of products due to their ability to reduce friction. However, studies have shown
that exposure to PFAS can cause harmful effects in humans. In fact, it has been
called a “national emergency” in testimony before Congress. As a result, there
have been efforts to limit exposure to the disease-causing substances through
abatement and avoidance. The Internal Revenue Code, through the
unreimbursed medical expense tax deduction of I.R.C. § 213, may offer one
policy solution for individuals seeking to participate in abatement activities.
This comment explores the development and …
Keeping Fair Chance Laws Fair: Implications For Employers And Employees Given The Expansion And Variety Of Fair Chance Laws In The United States, Caitlin T. Gaines
Keeping Fair Chance Laws Fair: Implications For Employers And Employees Given The Expansion And Variety Of Fair Chance Laws In The United States, Caitlin T. Gaines
Catholic University Law Review
Jurisdictions around the United States have adopted, and are considering adopting, fair chance laws, also known as “ban the box” laws, to improve access to employment opportunities for those with criminal histories. For years, individuals with criminal records – approximately one in four U.S. adults – have been disadvantaged when employers heavily rely upon criminal background checks during the hiring process. Now, with the proliferation of fair chance laws which require employers to avoid considering criminal history in hiring decisions, public and private employers are faced with implementation concerns as they adapt their hiring practices to ensure compliance with the …
Press Freedom Under Threat In Europe: Slapps And Democracy, Maya Oleary-Cyr
Press Freedom Under Threat In Europe: Slapps And Democracy, Maya Oleary-Cyr
Claremont-UC Undergraduate Research Conference on the European Union
This paper critically examines the legal systems of European countries and their relationship to press freedom, particularly the vexatious legal threats used by government officials and corporations to silence journalists. These legal threats are known as SLAPPs (strategic lawsuits against public participation) and their use has increased exponentially in the last decade. Although the issue is global, this research analyzes the issue through the lens of Greece, Italy, and Hungary. As member states, each one of these countries has an obligation to uphold the democratic standards put forth by the EU. Journalists are a vital aspect of the democratic process …
Symposium On A Pluralist Theory Of Constitutional Justice, Floersheimer Center For Constitutional Democracy
Symposium On A Pluralist Theory Of Constitutional Justice, Floersheimer Center For Constitutional Democracy
2023–2024 Flyers
No abstract provided.
The Future Of Entertainment: Ai Takes The Stage, Cardozo Fame Center, Cardozo Entertainment Law Society
The Future Of Entertainment: Ai Takes The Stage, Cardozo Fame Center, Cardozo Entertainment Law Society
2023–2024 Flyers
No abstract provided.
Heyman Center Presents: Chat Gd Ai In Law Practice, Heyman Center On Corporate Governance, Joe Green, Laura Chao
Heyman Center Presents: Chat Gd Ai In Law Practice, Heyman Center On Corporate Governance, Joe Green, Laura Chao
2023–2024 Flyers
Interested in artificial intelligence? Want to know how law firms are leveraging AI? Can AI replace the modern lawyer? Come join us with 2 experts from Gunderson Dettmer: Joe Green, Chief Innovation Officer and Laura Chao, Practice Innovation Attorney.
America’S Two Pastimes: Baseball And Constitutional Law; Review Of Adrian Vermeule, Common Good Constitutionalism, Paul J. Larkin
America’S Two Pastimes: Baseball And Constitutional Law; Review Of Adrian Vermeule, Common Good Constitutionalism, Paul J. Larkin
Catholic University Law Review
For the last 50 years, the two prevailing constitutional interpretation methodologies have been Originalism and Living Constitutionalism. The former treats the Constitution almost like a contract and demands that interpreters focus on the ordinary contemporary understanding its terms would have received when they became law. The latter treats the Constitution as a charter for the structure of a new government that would survive and mature as needed to protect both the nation and its people as new threats to government and civil liberties arise. Professor Adrian Vermeule’s book Common Good Constitutionalism offers a new approach to constitutional interpretation, one that …
Symposium On A Pluralist Theory Of Constitutional Justice, Floersheimer Center For Constitutional Democracy
Symposium On A Pluralist Theory Of Constitutional Justice, Floersheimer Center For Constitutional Democracy
2023 Event Invitations
Illiberalism and populism challenge liberal constitutionalism and its nexus to distributive justice in its three dimensions of material welfare, identitarian recognition and democratic representation. A Pluralist Theory of Constitutional Justice by University Professor Michel Rosenfeld (Oxford University Press 2022) develops a pluralist approach leading to the “justice essentials” designed to meet the above challenge and to reinvigorate liberal constitutionalism.
Dean Melanie Leslie’S Office Hours, Benjamin N. Cardozo School Of Law
Dean Melanie Leslie’S Office Hours, Benjamin N. Cardozo School Of Law
2023 Event Invitations
Join Dean Leslie for office hours. Her invited guests will include Professor Andrea Schneider, Director of the Kukin Program for Conflict Resolution, and two visiting scholars, Nargis Baran and Dmytro Vovk, both of whom come to Cardozo after fleeing the violence of wars in their home countries.
The Future Of Entertainment: Ai Takes The Stage, Cardozo Fame Center, Cardozo Entertainment Law Society
The Future Of Entertainment: Ai Takes The Stage, Cardozo Fame Center, Cardozo Entertainment Law Society
2023 Event Invitations
The Cardozo FAME Center and Entertainment Law Society will convene a panel of entertainment lawyers to explore how artificial intelligence is revolutionizing the entertainment industry. The discussion will include an overview of generative AI technology. Panelists will discuss trademark and copyright infringement issues arising for artists and entertainment companies.
Topa Insurance Compnay, Plaintiffs/Appellee. V. The Estate Of Judy Kay Anderson Pedersen : Brief Of Appellee, Utah Court Of Appeals
Topa Insurance Compnay, Plaintiffs/Appellee. V. The Estate Of Judy Kay Anderson Pedersen : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (2020 –)
On appeal from the Third Judicial District Court, Salt Lake County Honorable Matthew Bates, District Court No. 210903078
Peter C. Christensen, (5453) Marshall J. Hendrickson (12549) S. Spencer Brown (13157) STRONG AND HANNI Attorneys for Appellees
Manuel Lopez, Petitioner/Appellant V. Orwell Precast; Workers,Respondents/Appellees : Brief Of Appellant, Utah Court Of Appeals
Manuel Lopez, Petitioner/Appellant V. Orwell Precast; Workers,Respondents/Appellees : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2020 –)
Appeal From Labor Commission - Appeals Board
Joshua Woodbury Daniel F. Bertch WORKERS COMPENSATION FUND Attorney for Respondents/Appellees
Daniel F. Bertch Caleb Bertch BERTCH ASSOCIATES Attorneys for Petitioner/Appellant
What Would Happen To All Of The Prior Chevron Cases In A Non-Chevron World?, Aaron-Andrew P. Bruhl
What Would Happen To All Of The Prior Chevron Cases In A Non-Chevron World?, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Island States Turn To The Law To Fight Climate Change, Adam Auerbach
Island States Turn To The Law To Fight Climate Change, Adam Auerbach
Cardozo International & Comparative Law Review (CICLR) Blog
The sea is rising. 2023 has seen the highest annual average sea level in recorded history, with sea level measuring four inches above 1993 levels. To many, this may seem inconsequential. However, for those in developing countries, particularly small island nations, rising sea levels present a very real, very pressing threat. For these island countries, the danger of losing their statehood and sovereignty is all too real “as their land surface may be totally covered by the sea or become fully inhabitable” in the near future.
This post was originally published on the Cardozo International & Comparative Law Review on …
Religious Reformation And The Law Of Unnatural Death In England, Trayce Hockstad
Religious Reformation And The Law Of Unnatural Death In England, Trayce Hockstad
Nebraska Law Bulletin (Selected Issues)
This comment was written as a supplement to a previous article, The Wrong, the Wronged, and the Wrongfully Dead: Deodand Law as a Practice of Absolution, 101 Neb. L. Rev. 731, (2023).
The men and women of Tudor England were, by and large, pragmatists. Grumbling, they sold off as much of their Catholic past as they could not hide or keep, and called in the carpenters to set boards on trestles and fix the forms round the communion tables.
Berman wrote that an essential element of each of the great revolutions that shaped the Western legal tradition was an apocalyptic …
The Santa Clara, 2023-10-13, Santa Clara University
The Santa Clara, 2023-10-13, Santa Clara University
The Santa Clara
No abstract provided.
Brief Of Amicus Curiae Notre Dame Law School Religious Liberty Clinic In Support Of Plaintiffs' Motion For Summary Judgment, Casey M. Nokes, Meredith Kessler
Brief Of Amicus Curiae Notre Dame Law School Religious Liberty Clinic In Support Of Plaintiffs' Motion For Summary Judgment, Casey M. Nokes, Meredith Kessler
Court Briefs
No. 1:22-cv-00156-CL
St. Timothy's Episcopal Church v. City of Brookings
From the Argument
Congress unanimously enacted the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) to provide sweeping protection for religious exercise against discrimination in land-use regulation. To accomplish this goal, the statute generally prohibits the government from implementing land-use regulations in a manner that imposes a substantial burden on the religious exercise of a person or organization. And several provisions—including the statute’s capacious definition of “religious exercise” and its broad-construction mandate—emphasize the statute’s breadth.
Thomas Williamson And Jennifer Williamson, Plaintiffs/Appellants, V. Nne Farrell, Dave Farrell, And Laura Black, Defendants/Appellees : Reply Brief, Utah Court Of Appeals
Thomas Williamson And Jennifer Williamson, Plaintiffs/Appellants, V. Nne Farrell, Dave Farrell, And Laura Black, Defendants/Appellees : Reply Brief, Utah Court Of Appeals
Utah Court of Appeals Briefs (2020 –)
Reply Brief of Appellants
John R. Loftus Christine E. Ellice DLA PIPER LLP North Tower J. Mark Gibb Matthew J. Orme DENTONS DURHAM JONES PINEGAR P.C. Counsel for Appellees
ERIK A. OLSON CHRISTOPHER D. BALLARD MARSHALL OLSON & HULL, P.C. Counsel for Appellants
Res Communis Omnium V. Res Nullius In U.S. Space Mining Law & Policy: A Multilevel Theoretical Analysis Of U.S. Public Policy On Space Minerals Mining Under Title Iv, §51301- §403, U.S. 2015 Commercial Space Launch Competitiveness Act (Public Law 114-90) & Its Implications For International Space Law Under Articles I & Ii, 1967 Outer Space Treaty, Samuel Chuks Japhets
Doctoral Dissertations and Projects
The outer space territory and celestial bodies are unfathomably rich in strategic mineral resources worth trillions of dollars such as water ice, helium-3, platinum, iron, cobalt, and ammonia. These space resources, distinct from their space territorial and celestial bodies loci, need to be located, characterized, captured, processed, concentrated, and transported to points of use in-situ or on Earth by capable state and private space investors, stakeholders, or national agencies, for private benefits. Investors in this embryonic space mining industry need legal certainty and predictability under unambiguous legal and policy frameworks that guarantee property interests over extracted minerals. The Problem is …
2023 Bauer Lecture: Judge Dale Ho, Dale Ho, Ryen Lim
2023 Bauer Lecture: Judge Dale Ho, Dale Ho, Ryen Lim
Bauer Lecture Series
No abstract provided.
The Assassination Of Dr. Martin Luther King: Understanding The Criminal Behavior And Prosecution Of James Earl Ray, Scott P. Johnson
The Assassination Of Dr. Martin Luther King: Understanding The Criminal Behavior And Prosecution Of James Earl Ray, Scott P. Johnson
Ohio Northern University Law Review
No abstract provided.
The Case For Bail Reform, Wendy R. Calaway
The Case For Bail Reform, Wendy R. Calaway
Ohio Northern University Law Review
No abstract provided.
How Does Chinese Law Regulate Franchising, Radwa Elsaman
How Does Chinese Law Regulate Franchising, Radwa Elsaman
Ohio Northern University Law Review
No abstract provided.
Cash Bail And Individualized Ability To Pay: The Key To Ending Ohio's Wealth-Based Detention Crisis, Patrick Higgins
Cash Bail And Individualized Ability To Pay: The Key To Ending Ohio's Wealth-Based Detention Crisis, Patrick Higgins
Ohio Northern University Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Race & Social Justice Law Review
No abstract provided.
The Annual Bauer Lecture With The Honorable Judge Dale Ho, Cardozo Law Review
The Annual Bauer Lecture With The Honorable Judge Dale Ho, Cardozo Law Review
2023 Event Invitations
Join the Cardozo Law Review for a speech prepared by Judge Ho, followed by a question and answer session moderated by Cardozo Law Review's Editor-in-Chief, Ryen Lim.
Protecting Restorative Justice Participants: The Implications Of Implementing Restorative Justice Practices Without Proper Safeguards For Participants, Abigail Young
University of Miami Race & Social Justice Law Review
No abstract provided.