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Full-Text Articles in Law

Credit Ratings In Insurance Regulation: The Missing Piece Of Financial Reform, John Patrick Hunt Sep 2011

Credit Ratings In Insurance Regulation: The Missing Piece Of Financial Reform, John Patrick Hunt

Washington and Lee Law Review

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 directed federal financial regulators to remove credit ratings from their rules, but had nothing to say about the use of credit ratings by state insurance regulators. This omission is significant because insurers own nearly twice as many foreign, corporate, and municipal bonds as banks do. During the 2000s, state insurance regulators came to rely increasingly on rating agencies rather than the regulators’ in-house valuation office to assess the credit risks of these holdings. After the perceived widespread failure of ratings in the crisis, the insurance regulators did undertake a …

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Csli Disclosure: Why Probable Cause Is Necessary To Protect What’S Left Of The Fourth Amendment, Steven M. Harkins Sep 2011

Csli Disclosure: Why Probable Cause Is Necessary To Protect What’S Left Of The Fourth Amendment, Steven M. Harkins

Washington and Lee Law Review

No abstract provided.

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Save Tara And The Modern State Of The California Environmental Quality Act, Todd Nelson Sep 2011

Save Tara And The Modern State Of The California Environmental Quality Act, Todd Nelson

Loyola of Los Angeles Law Review

The California Environmental Quality Act (CEQA) requires public review of all public and private projects that are subject to a public agency’s approval. Unlike many other states’ environmental laws, CEQA requires that projects that create significant environmental impacts not be approved if feasible mitigation measures or project alternatives exist that would reduce or eliminate those impacts. However, although CEQA was adopted more than forty years ago and has been the subject of approximately six hundred published decisions, there remains much uncertainty as to what agencies and project proponents must do to comply with CEQA and avoid judicial reversal. One of …

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Fair Lending 2.0: A Borrower-Based Solution To Discrimination In Mortgage Lending, Jared Ruiz Bybee Sep 2011

Fair Lending 2.0: A Borrower-Based Solution To Discrimination In Mortgage Lending, Jared Ruiz Bybee

University of Michigan Journal of Law Reform

Fair lending laws promise that borrowers with similar credit profiles will receive similar loan products-regardless of their race. Yet, studies reveal that black and Latino borrowers consistently receive loan products that are inferior to those of white borrowers with similar credit characteristics. Despite frequent amendments since their passage during the Civil Rights Era, the Fair Lending Laws that opened doors for minority borrowers are unable to root out the subtle discrimination that persists in today's mortgage lending market. These traditional Fair Lending Laws are built on an outdated framework that focuses exclusively on punishing lenders and righting past wrongs. This …

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Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang Sep 2011

Where Do We Go From Here: Plea Colloquy Warnings And Immigration Consequences Post-Padilla, Vivian Chang

University of Michigan Journal of Law Reform

This Note argues for the passage of criminal procedure rules that would require judges to warn criminal defendants about immigration consequences at plea colloquy. Part I addresses the overlap of criminal and immigration law, arguing that the increased use of the criminal justice system to police federal immigration laws calls for greater protection of non-citizen defendants at plea colloquy. Part II then addresses the legal duties imposed on both defense counsel and trial courts in relation to plea colloquy. Padilla merely addressed the duty of defense counsel to provide constitutionally effective assistance before plea colloquy and did not reach the …

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Employee Free Choice: Amplifying Employee Voice Without Silencing Employers - A Proposal For Reforming The National Labor Relations Act, Amy Livingston Sep 2011

Employee Free Choice: Amplifying Employee Voice Without Silencing Employers - A Proposal For Reforming The National Labor Relations Act, Amy Livingston

University of Michigan Journal of Law Reform

This Note investigates the effectiveness of the National Labor Relations Act (NLRA) in balancing unions, employers', and employees' rights during the course of union organizing drives. After reviewing case law and commentary, it concludes that the NLRA's certification regime is ineffective and permits pressures that inhibit employees from expressing their real desires about whether or not to be represented by a union. This Note then examines proposed alternatives for certifying unions, and takes note of Canada's federal and ten provincial certification regimes. Finally, it concludes that the NLRA must be amended to protect worker free choice, and proposes reforms including …

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Alex Prud'homme, The Ripple Effect: The Fate Of Freshwater In The Twenty-First Century, Johna Varty Sep 2011

Alex Prud'homme, The Ripple Effect: The Fate Of Freshwater In The Twenty-First Century, Johna Varty

Water Law Review

No abstract provided.

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Montana V. Wyoming: Is Water Conservation Drowning The Yellowstone River Compact, Joe Norris Sep 2011

Montana V. Wyoming: Is Water Conservation Drowning The Yellowstone River Compact, Joe Norris

Water Law Review

No abstract provided.

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Pay For Regulator Performance, M. Todd Henderson, Frederick Tung Sep 2011

Pay For Regulator Performance, M. Todd Henderson, Frederick Tung

Coase-Sandor Institute for Law & Economics Research Paper Series

Few doubt that executive compensation arrangements encouraged the excessive risk taking by banks that led to the recent Financial Crisis. Accordingly, academics and lawmakers have called for the reform of banker pay practices. In this Article, we argue that regulator pay is to blame as well, and that fixing it may be easier and more effective than reforming banker pay. Regulatory failures during the Financial Crisis resulted at least in part from a lack of sufficient incentives for examiners to act aggressively to prevent excessive risk. Bank regulators are rarely paid for performance, and in atypical cases involving performance bonus …

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A Critical Look At A Critical Look – Reply To Sanchirico, Joseph Bankman, David A. Weisbach Sep 2011

A Critical Look At A Critical Look – Reply To Sanchirico, Joseph Bankman, David A. Weisbach

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper responds to claims made by Chris Sanchirico in his paper, A Critical Look at the Economic Argument for Taxing only Labor Income. His paper, in part, criticizes the claims we made in "The Superiority of an Ideal Consumption Tax Over an Ideal Income Tax, 58 Stan. L. Rev. 1413 (2006). We show that he makes at least three critical mistakes. First, he systematically confuses a Haig-Simons tax with tax systems that have small positive or negative taxes on capital. Arguments for taxes on capital are not the same as arguments for a Haig-Simons income tax. Second, he argues …

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Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2011

Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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Walking On Two Legs In Chinese Law Schools: A Chinese / U.S. Program In Experiential Legal Education, Brian K. Landsberg Sep 2011

Walking On Two Legs In Chinese Law Schools: A Chinese / U.S. Program In Experiential Legal Education, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

Dong Jingbo, a young faculty member at the China University of Political Science and Law in Beijing, used to teach using only the traditional lecture technique which she had experienced in her own legal education in China and Korea. Until, that is, Professor Dong attended summer workshops given by Pacific McGeorge, in partnership with American University’s Washington College of Law, and also earned an LL.M. at Pacific McGeorge, in the Teaching of Advocacy. Her classes no longer are limited to lecture. She has developed a simulation to use in Chinese criminal law classes, has demonstrated it to other Chinese law …

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Litigating Against An Epidemic: Hiv/Aids And The Promise Of Socioeconomic Rights In South Africa, Nathaniel Bruhn Sep 2011

Litigating Against An Epidemic: Hiv/Aids And The Promise Of Socioeconomic Rights In South Africa, Nathaniel Bruhn

Michigan Journal of Race and Law

With one of the highest incidence rates in the world, the HIV/AIDS epidemic has taken a large toll on South Africa. Despite medical advances that have made the disease more manageable, many South Africans still do not have access to the medicines needed to control the disease. At the same time, the Constitution of South Africa grants individuals far-reaching socioeconomic rights, including the right to access health care. This Comment explores the intersection of the socioeconomic rights and the HIV/AIDS crisis. Although the Constitutional Court has developed a deferential approach to enforcing socioeconomic rights, substantial room remains to litigate on …

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¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin Sep 2011

¡Silencio! Undocumented Immigrant Witnesses And The Right To Silence, Violeta R. Chapin

Michigan Journal of Race and Law

At a time referred to as "an unprecedented era of immigration enforcement," undocumented immigrants who have the misfortune to witness a crime in this country face a terrible decision. Calling the police to report that crime will likely lead to questions that reveal a witness's inmigration status, resulting in detention and deportation for the undocumented immigrant witness. Programs like Secure Communities and 287(g) partnerships evidence an increase in local immigration enforcement, and this Article argues that undocumented witnesses' only logical response to these programs is silence. Silence, in the form of a complete refusal to call the police to report …

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The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo Sep 2011

The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo

Michigan Journal of Race and Law

In Grutter v. Bollinger, the U.S. Supreme Court upheld affirmative action at the University of Michigan Law School on the grounds of educational diversity. Yet the Court's assumption that admitting diverse students into law school would result in improved race relations, livelier classroom conversations, and better professional outcomes for students has never been empirically tested. This Article relies on survey and focus group data collected at the University of Michigan Lav School campus itself in March 2010 to examine not only whether, but how diversity affects learning. The data indicate both that there are sufficient numbers of students of color …

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Younger Abstention And Its Aftermath: An Empricial Perspective, Joshua G. Urquhart Sep 2011

Younger Abstention And Its Aftermath: An Empricial Perspective, Joshua G. Urquhart

Nevada Law Journal

This Article presents the results of an empirical survey examining the disposition of federal claims after Younger abstention litigation. It traces the expansion of the Younger doctrine over the past several decades and explains how it featured prominently in the judicial parity debate that occurred in earnest from the late 1970s until the early 1990s. It notes that despite the emergence of empiricism as a tool in that debate, no one has examined how federal claims are actually being resolved in post-Younger proceedings at the state and federal levels. The Article then undertakes that inquiry, observing a federal claim success …

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Cross Purposes & Unintended Consequences: Karl Llewellyn, Article 2, And The Limits Of Social Transformation, Danielle Kie Hart Sep 2011

Cross Purposes & Unintended Consequences: Karl Llewellyn, Article 2, And The Limits Of Social Transformation, Danielle Kie Hart

Nevada Law Journal

Despite attempts to reform the law to eliminate hierarchies that subordinate groups of people, the law usually ends up re-instantiating those hierarchies. This “preservation through transformation” phenomenon occurs consistently, over time and across legal disciplines. Karl Llewellyn’s efforts at drafting Article 2 of the Uniform Commercial Code are no different. Llewellyn attempted a paradigm shift in contract formation when he sought to decouple contract law from its formalistic roots and bring it back in touch with reality. But in so doing, the law-in-action strand of Legal Realism ended up working at cross purposes with the other, critical strand of Realism. …

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Getting Faith Out Of The Gutters: Resolving The Debate Over Political Campaign Participation By Religious Organizations Through Fiscal Subsidiarity, W. Edward Afield Sep 2011

Getting Faith Out Of The Gutters: Resolving The Debate Over Political Campaign Participation By Religious Organizations Through Fiscal Subsidiarity, W. Edward Afield

Nevada Law Journal

This Article proposes a unique resolution to the debate over political campaign participation by tax-exempt organizations, specifically religious organizations. By virtue of their tax-exempt status, these organizations are banned from participating in political campaign activity. Commentators have debated the merits of this ban for years and to say that commentators have been all over the map regarding their opinions over the ban is putting it charitably. The ban’s advocates and opponents have staked out seemingly every position imaginable in arguing the merits of this ban. Some commentators have argued forcefully that the ban is needed to preserve constitutional separation of …

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Willfulness, Good Faith, And The Fair Labor Standards Act, Emily Nolan Litzinger Sep 2011

Willfulness, Good Faith, And The Fair Labor Standards Act, Emily Nolan Litzinger

Nevada Law Journal

The statute of limitations for a minimum-wage or overtime violation under the Fair Labor Standards Act (FLSA) is generally two years, but extends to three years if a jury finds that an employer willfully violated the statute. Damages for an FLSA violation include unpaid minimum wages or overtime, which may be doubled as liquidated damages depending on whether the trial court judge (not a jury) finds that the employer acted in good faith. The federal courts of appeal are split on the issue of whether a jury’s finding of a willful violation precludes a judge from finding good faith. This …

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The Method And The Message, Corie Rosen Sep 2011

The Method And The Message, Corie Rosen

Nevada Law Journal

No abstract provided.

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Unpredictable And Inconsistent: Nevada's Expert Witness Standard After Higgs V. State, Ryan A. Henry Sep 2011

Unpredictable And Inconsistent: Nevada's Expert Witness Standard After Higgs V. State, Ryan A. Henry

Nevada Law Journal

No abstract provided.

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Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock Sep 2011

Tangible "Intangibles" And Other Mysteries: A Critique Of The D.C. Circuit's Expansion Of Work Product Doctrine In United States V. Deloitte Llp, Brian L. Blaylock

Nevada Law Journal

No abstract provided.

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Shielding Hippocrates: Nevada's Expanded Pleading Standard For Medical Malpractice Actions And The Need For Legislative Reform, Justin Shiroff Sep 2011

Shielding Hippocrates: Nevada's Expanded Pleading Standard For Medical Malpractice Actions And The Need For Legislative Reform, Justin Shiroff

Nevada Law Journal

No abstract provided.

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Journal Staff Sep 2011

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

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Rule 609 And The Frustratingly Unkillable Five-Factor Mahone Framework, Jeffrey Bellin Sep 2011

Rule 609 And The Frustratingly Unkillable Five-Factor Mahone Framework, Jeffrey Bellin

Popular Media

No abstract provided.

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Vol. 15, No. 1: Front Matter, Water Law Review Sep 2011

Vol. 15, No. 1: Front Matter, Water Law Review

Water Law Review

No abstract provided.

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Vol. 15, No. 1: Editor's Note, Matt Brodahl Sep 2011

Vol. 15, No. 1: Editor's Note, Matt Brodahl

Water Law Review

No abstract provided.

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Symposium Editor's Note, Justine Shepherd Sep 2011

Symposium Editor's Note, Justine Shepherd

Water Law Review

No abstract provided.

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Vol. 15, No. 1: Table Of Contents, Water Law Review Sep 2011

Vol. 15, No. 1: Table Of Contents, Water Law Review

Water Law Review

No abstract provided.

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Water Organizations In Colorado: A First Look Into Water Organizations' Control Of Agricultural Water Rights And Their Transfer Potential In The Colorado River Basin, Suzanne Lieberman Sep 2011

Water Organizations In Colorado: A First Look Into Water Organizations' Control Of Agricultural Water Rights And Their Transfer Potential In The Colorado River Basin, Suzanne Lieberman

Water Law Review

No abstract provided.

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