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Articles 1111 - 1140 of 1943
Full-Text Articles in Law
Try, Try Again: Will Congress Ever Get It Right? A Summary Of Internet Pornography Laws Protecting Children And Possible Solutions, Susan Hanley Kosse
Try, Try Again: Will Congress Ever Get It Right? A Summary Of Internet Pornography Laws Protecting Children And Possible Solutions, Susan Hanley Kosse
University of Richmond Law Review
No abstract provided.
Securing Truth For Power: Informational Strategy And Regulatory Policy Making, Cary Coglianese
Securing Truth For Power: Informational Strategy And Regulatory Policy Making, Cary Coglianese
ExpressO
No abstract provided.
The Theory And Practice Of Statutory Interpretation In The Supreme Court, Frank Cross
The Theory And Practice Of Statutory Interpretation In The Supreme Court, Frank Cross
ExpressO
No abstract provided.
What Is Fiscal Responsibility? Long-Term Deficits, Generational Accounting, And Capital Budgeting, Neil H. Buchanan
What Is Fiscal Responsibility? Long-Term Deficits, Generational Accounting, And Capital Budgeting, Neil H. Buchanan
Rutgers Law School (Newark) Faculty Papers
This article assesses three basic approaches to assessing the future effects of the government’s fiscal policies: traditional measures of the deficit, measures associated with Generational Accounting, and measures derived from applying Capital Budgeting to the federal accounts. I conclude that Capital Budgeting is the best of the three approaches and that Generational Accounting is the least helpful. Acknowledging that there might be some value in learning what we can from a variety of approaches to analyzing fiscal policy, I nevertheless conclude that Generational Accounting is actually a misleading or--at best--empty measure of future fiscal developments. The best approach to providing …
How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt
How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt
ExpressO
A historical analysis of the U.S. law enforcement response to threatened terrorism, showing that the USA PATRIOT and other modern counterterrorism methods are neither unpredecented nor unconstitutional and that U.S. courts remain a haven for persons who feel threatened by government actions taken in the name of national security.
The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman
The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman
ExpressO
This paper examines the intersection of immigration and labor law as developed in federal law, culminating in the recent Supreme Court case, Hoffman Plastics. Arguing that Hoffman was wrongly decided, the paper further demonstrates that stronger penalties are necessary under the NLRA to deter employer wrongdoing, protect workers’ rights, and slow the proliferation of sweatshops.
Lawyers, Guns And Money: Content Contextualism And The Cognitive Foundations Of Statutory Interpretation, Gary Blasi
Lawyers, Guns And Money: Content Contextualism And The Cognitive Foundations Of Statutory Interpretation, Gary Blasi
ExpressO
The field of statutory interpretation is one of central importance to both lawyers and judges, perhaps even more central to their daily work than the analysis of appellate opinions. As a field of academic inquiry, however, the field has become rather stagnant and seems now at a stalemate between contending schools of thought, with most siding against the pure forms of textualism sometimes associated with Justice Scalia and arguing for some form of contextualism. What kinds of context should matter is disputed. Thus far, however, scholars have paid remarkably little attention to one crucial contextual factor: What is the statute …
The Continuing Showdown Over Who Should Regulate Amusement Attraction Safety: A Critical Analysis Of Why Fixed-Site Amusement Attraction Safety Should Remain State-Governed. , Chad Emerson
ExpressO
No abstract provided.
Toward A New Theory Of Notice And Deterrence, Dru Stevenson
Toward A New Theory Of Notice And Deterrence, Dru Stevenson
ExpressO
This article sets forth a new model of “notice” and deterrence that helps explain some long-standing contradictions in the literature on deterrence. Nearly all the work in the area of criminal law and deterrence has included an assumption that would-be offenders know the laws and the threatened sanctions, and therefore adjust their behavior in light of these disincentives. The fact that most people seem to be ignorant of the exact boundaries of the rules, and ignorant of the sanctions, presents an enormous conceptual problem for the classic model of deterrence. This new model presents an alternative mechanism for deterrence based …
The Role Of Purposivism In The Delegation Of Rulemaking Authority To The Courts, Michael Rosensaft
The Role Of Purposivism In The Delegation Of Rulemaking Authority To The Courts, Michael Rosensaft
ExpressO
The courts are often used by Congress as a “political lightning rod,” when Congress cannot decide how to resolve an issue. Congress relies on administrative agencies for their expertise, and it also makes sense for Congress to delegate some rulemaking authority to the courts, relying on a court’s expertise in developing caselaw in an incremental basis. However, this authority should not be lightly implied. A court can tell that Congress has delegated rulemaking authority to it when the purpose of the statute is clear and the text is broadly worded. It thus makes sense in these cases that purposivism should …
The Democratic Public Domain: Reconnecting The Modern First Amendment And The Original Progress Clause (A.K.A. Copyright And Patent Clause), Malla Pollack
ExpressO
If the Progress Clause, a.k.a. the Patent and Copyright Clause, of the U.S. Constitution had been construed when its original meaning was still obvious, United States law would be far different. In this area at least, the Drafters’ Constitution was much less aristocratic than the modern (mis)reading. The original meaning of the Progress Clause, furthermore, should have stimulated a more communitarian First Amendment, the type of First Amendment currently being suggested by leading First Amendment scholars such as Jack Balkin.
Legislating The Tower Of Babel: International Restrictions On Internet Content And The Marketplace Of Ideas, Michael F. Sutton
Legislating The Tower Of Babel: International Restrictions On Internet Content And The Marketplace Of Ideas, Michael F. Sutton
Federal Communications Law Journal
The First Amendment to the U.S. Constitution protects the expression of diverse viewpoints in virtually any medium. Nevertheless, the modern novelty of "borderless" communication via the Internet strains our ideal of keeping government out of the business of regulating speech. This Note reveals the conflict between the First Amendment's national protections and the Internet's lack of national boundaries, while also arguing for international intervention for the protection of free speech. This Author articulates the real danger of "watered-down speech" unless both the FCC and the international community provide regulations and harmonized international standards for online content that reflect First Amendment …
Supermajority Provisions, Guinn V. Legislature And A Flawed Constitutional Structure, Steve R. Johnson
Supermajority Provisions, Guinn V. Legislature And A Flawed Constitutional Structure, Steve R. Johnson
Nevada Law Journal
No abstract provided.
Animals, Rights And Property:The (Un)Attachment Of Pets In Israeli Law, Pablo Lerner
Animals, Rights And Property:The (Un)Attachment Of Pets In Israeli Law, Pablo Lerner
ExpressO
No abstract provided.
Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin
Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin
ExpressO
Discussion of marijuana decriminalization efforts by Canadian government and comparison of United States/Canadian drug legislation and healthcare. Public policy justifications are discussed as well as medical marijuana and effects of drug use on the two countries' prison and healthcare systems.
Rethinking Public Engagement In The Administrative State, Mariano-Florentino Cuellar
Rethinking Public Engagement In The Administrative State, Mariano-Florentino Cuellar
ExpressO
This Article presents an empirical, doctrinal, and theoretical critique of public engagement in the modern administrative state. The legitimacy of the administrative state depends on the claim that it provides opportunities for public engagement as well as a mechanism for expert scientific decisionmaking. A typical rulemaking proceeding lets experts make technical judgments about terrorism, transportation, or telecommunications subject to court review guarding against arbitrariness. The whole process is then enmeshed in a system that is supposed to provide engagement – and therefore democratic accountability -- through presidential appointments and control, congressional oversight, and the public notice-and-comment process. This existing approach …
Snake River Birds Of Prey National Conservation Area Case Study, Kathryn M. Mutz, Doug Cannon, Chris Simmons, University Of Colorado Boulder. Natural Resources Law Center
Snake River Birds Of Prey National Conservation Area Case Study, Kathryn M. Mutz, Doug Cannon, Chris Simmons, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
34, A-5, B-2 p. : ill., map
Special Uses In Wilderness Areas: Management Survey, University Of Colorado Boulder. Natural Resources Law Center
Special Uses In Wilderness Areas: Management Survey, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
[47] p.
Hells Canyon National Recreation Area Case Study, Jim Martin, Doug Cannon, University Of Colorado Boulder. Natural Resources Law Center
Hells Canyon National Recreation Area Case Study, Jim Martin, Doug Cannon, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
30, A-8, B-5 p. : ill., map
Saguaro National Park Case Study, Douglas S. Kenney, Doug Cannon, University Of Colorado Boulder. Natural Resources Law Center
Saguaro National Park Case Study, Douglas S. Kenney, Doug Cannon, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
25, A-5 p. : ill., maps
Valuation In Veterinary Malpractice, Rebecca J. Huss
Valuation In Veterinary Malpractice, Rebecca J. Huss
Law Faculty Publications
This article begins with a description of veterinarians and the status of veterinary malpractice. Next, the article considers the elements and key issues involved in veterinary malpractice. The article then analyzes the current law relating to damages available in veterinary malpractice suits. Finally this paper considers whether the way current damage calculations are being made is apprpriate and advocates the the adoption of statutory provisions allowing capped non-economic damages in these cases.
Legislative Watch/ Legislative Focus, Tejal Kruskol
Legislative Watch/ Legislative Focus, Tejal Kruskol
Human Rights Brief
No abstract provided.
Legislative Watch, Josh Kruskol
Legislative Watch, Heather Morris
Of Disunity And Logrolling: Ohio's One-Subject Rule And The Very Evils It Was Designed To Prevent, Stephanie Hoffer, Travis Mcdade
Of Disunity And Logrolling: Ohio's One-Subject Rule And The Very Evils It Was Designed To Prevent, Stephanie Hoffer, Travis Mcdade
Cleveland State Law Review
This article looks at the one-subject rule's history and significant jurisprudence with particular note of any rules that can be determined. Next, we address the court's use of the rule in the controversial case of State ex rel. Ohio Academy of Trial Lawyers v. Sheward. Finally, we look at Amended Substitute Senate Bill No. 281-recently passed by the Ohio General Assembly-to determine if it will pass one-subject muster under recent jurisprudence.
Tribal Sovereignty Over Water Quality, Jessica Owley
United States V. Gayle, Christine Aubin
Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman
Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman
Fordham Law Review
No abstract provided.
Who Should Win The Garbage Wars? Lessons From The Low-Level Radioactive Waste Policy Act, Jane Chuang
Who Should Win The Garbage Wars? Lessons From The Low-Level Radioactive Waste Policy Act, Jane Chuang
Fordham Law Review
No abstract provided.
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
Federalism Re-Constructed: The Eleventh Amendment's Illogical Impact On Congress' Power, Marcia L. Mccormick
All Faculty Scholarship
The Constitution is designed to protect individual liberty and equality by diffusing power among the three branches of the federal government and between the federal and state governments, and by providing a minimum level of protection for individual rights. Yet, the Supreme Court seems to think that federalism is about protecting states as states rather than balancing governmental power to protect individuals. In the name of federalism, the Supreme Court has been paring away at Congress' power to enact civil rights legislation. In doing so, it has transformed the Fourteenth Amendment into a vehicle for protecting states rights rather than …