Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (4)
- Civil Rights and Discrimination (3)
- Legislation (3)
- Election Law (2)
- Fourteenth Amendment (2)
-
- Law and Race (2)
- Law and Society (2)
- Supreme Court of the United States (2)
- Administrative Law (1)
- American Politics (1)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Civil Procedure (1)
- Commercial Law (1)
- Comparative and Foreign Law (1)
- Conflict of Laws (1)
- European Law (1)
- International Law (1)
- Jurisprudence (1)
- Law and Economics (1)
- Law and Politics (1)
- Litigation (1)
- National Security Law (1)
- Political Science (1)
- Social and Behavioral Sciences (1)
- Transnational Law (1)
- Institution
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
A New (Republican) Litigation State?, Stephen B. Burbank, Sean Farhang
A New (Republican) Litigation State?, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
It is a commonplace in American politics that Democrats are far more likely than Republicans to favor access to courts to enforce individual rights with lawsuits. In this article we show that conventional wisdom, long true, no longer reflects party agendas in Congress. We report the results of an empirical examination of bills containing private rights of action with pro-plaintiff fee-shifting provisions that were introduced in Congress from 1989 through 2018. The last eight years of our data document escalating Republican-party support for proposals to create individual rights enforceable by private lawsuits, mobilized with attorney’s fee awards. By 2015-18, there …
Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli
Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli
Brooklyn Journal of Corporate, Financial & Commercial Law
Risks associated with incentive misalignment are liable to seriously jeopardize the effectiveness of bank resolution, when not properly contained. This Article considers the management of misaligned incentives between regulators that are found in a vertical relationship of public governance. Using the EU legal framework of bank resolution as its case study, this Article explores the effectiveness of the quasi-enforcement powers of the Single Resolution Board (SRB) and, where relevant, of the European Banking Authority (EBA) as an incentive realignment legal technique. Two principal difficulties are identified: on the one hand, the problematic interinstitutional dynamic of the SRB and the EBA …
Reinforcing Representation: Congressional Power To Enforce The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz
Reinforcing Representation: Congressional Power To Enforce The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz
Michigan Law Review
A large body of academic scholarship accuses the Rehnquist Court of "undoing the Second Reconstruction," just as the Waite Court has long been blamed for facilitating the end of the First. This critique captures much of what is meant by those generally charging the Rehnquist Court with "conservative judicial activism." It posits that the present Court wants to dismantle decades' worth of federal antidiscrimination measures that are aimed at the "reconstruction" of public and private relationships at the local level. It sees the Waite Court as having similarly nullified the civil-rights initiatives enacted by Congress following the Civil War to …
Reinforcing Representation: Enforcing The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz
Reinforcing Representation: Enforcing The Fourteenth And Fifteenth Amendments In The Rehnquist And Waite Courts, Ellen D. Katz
Articles
A large body of academic scholarship accuses the Rehnquist Court of "undoing the Second Reconstruction," just as the Waite Court has long been blamed for facilitating the end of the First. This critique captures much of what is meant by those generally charging the Rehnquist Court with "conservative judicial activism." It posits that the present Court wants to dismantle decades' worth of federal antidiscrimination measures that are aimed at the "reconstruction" of public and private relationships at the local level. It sees the Waite Court as having similarly nullified the civil-rights initiatives enacted by Congress following the Civil War to …
Shining The Spotlight Of Pitiless Publicity On Foreign Lobbyists?, Charles Lawson
Shining The Spotlight Of Pitiless Publicity On Foreign Lobbyists?, Charles Lawson
Vanderbilt Journal of Transnational Law
This note discusses the changes made to the Foreign Agents Registration Act (FARA) by the Lobbying Disclosure Act of 1995 (LDA) and evaluates the impact of those changes. FARA's regulatory regime has long been criticized for its loopholes. FARA's historical focus on foreign propagandists has also been condemned as out of step with the modern political environment in the United States, where foreign" lobbyists" are seen as a serious threat to government integrity. In response to such criticisms, the LDA endeavored to reform FARA so as to increase compliance levels among foreign lobbyists seeking to influence the U.S. political process. …