Law Commons^™

Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler

Cardozo Law Review

No abstract provided.

A New Breath Of Life For Private Rule 10b-5(B) Litigation After Stoneridge: Sec V. Tambone And Implied Statements By Collateral Actors, David R. Allen

Cardozo Law Review

No abstract provided.

A Uniform Test For The Equitable Subrogation Of Mortgages, Sang Jun Yoo

Cardozo Law Review

No abstract provided.

Challenges Of Representing Adolescent Parents In Child Welfare Proceedings, Barbara Glesner Fines

University of Dayton Law Review

No abstract provided.

In Memoriam: A Tribute To Dean Francis J. Conte, Richard Perna

University of Dayton Law Review

In memoriam: Francis J. Conte (1942-2011)

In Memoriam: Francis J. Conte, Anyah A. Morris

University of Dayton Law Review

In memoriam: Francis J. Conte (1942-2011)

An Uneven Playing Field: Public Employees Are Disadvantaged In Fmla Eligibility/Notice Disputes, Sean Mccormick

University of Dayton Law Review

No abstract provided.

The Curious Case Of The Guardian Ad Litem, Katherine Hunt Federle, Danielle Gadomski

University of Dayton Law Review

No abstract provided.

Key Issues That Have Not Been Addressed, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The last nine days of hustings period have provided for a most engaging electoral campaign in recent memory. There seems to be a nascent but growing political consciousness and Singaporeans are not shy to express their political inclinations and loyalties.

How About A Singapore-Jakarta Consensus?, Mahdev Mohan, Shiow Tsai Lan

Research Collection Yong Pung How School Of Law

Expectations ran high as leaders met last weekend in Jakarta for the 18th Association of South-east Asian Nations (ASEAN) summit. However, the 10-member regional organisation has left two key issues unresolved - including the ongoing conflict surrounding the 900-year-old Preah Vihear temple at the Thai-Cambodian border that has claimed 18 lives and Timor-Leste's formal request for admission into its fold this year.

Handbook Of Comparative Criminal Law [Book Review], Siyuan Chen

Research Collection Yong Pung How School Of Law

Imagine gathering the views of some of the leading criminal law academics from around the world – traversing 16 countries, 6 continents, and 5 different legal systems, to be precise – by way of essays designed to provide an introductory framework for almost all of the major criminal law systems in the world to be compared and contrasted. This 660-page book is supposed to be a compelling manifestation of that imagination, and indeed is touted as a first of its kind in terms of the depth and breadth in coverage.

Social Justice In Social Security, Erin N. Cottle

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

By the year 2030 there will be twice as many retirees in the United States as today but only 18 percent more workers. This aging of the population will place considerable financial strain on the United States social security system; relatively few workers will be taxes to pay the benefits of relatively many retirees. Because of this change in demographics, the Social Security Administration will not be able to pay scheduled social security benefits as outlined by current law. Therefore, it is imperative that the government act soon to address the looming fiscal imbalance of the social security program.

The …

Religious Truth, Pluralism, And Secularization: The Shaking Foundations Of American Religious Liberty, Daniel O. Conkle

Articles by Maurer Faculty

In this Essay, I recount John Locke’s 1689 Letter Concerning Toleration and explain how religious liberty continues to rest on Lockean and related justifications. These various justifications depend in part on religious-moral reasoning (both Christian and non-Christian) and in part on political-pragmatic considerations. I then discuss recent and ongoing developments in the American religious landscape, including a radical increase in religious diversity, the modernization of traditional faiths, the individualization or "spiritualization" of religion, and the increasing secularization of individual belief structures. I suggest that these developments, over time, may seriously threaten the underlying religious-moral and political-pragmatic foundations of religious liberty …

Agency Threats, Tim Wu

Duke Law Journal

Most legal writers are implicitly or explicitly critical of the use of threats as an alternative to rulemaking or adjudication. The general presumption is that the use of threats is a kind of symptom of an underlying malady - a broken rulemaking or adjudication process. For example, Professor Lars Noah describes the use of threats as an “intractable problem,” given the difficulty of “controlling the exercise of such wide-ranging discretionary power.” In this brief Essay, I write in defense of regulatory threats in particular contexts.

The use of threats instead of law can be a useful choice - not simply …

Journal Staff

Duke Law Journal

No abstract provided.

Employment Division V. Smith At The Supreme Court: The Justices, The Litigants, And The Doctrinal Discourse, Marci A. Hamilton

Cardozo Law Review

No abstract provided.

Religious And Political Virtues And Values In Congruence Or Conflict?: On Smith, Bob Jones University, And Christian Legal Society, Linda C. Mcclain

Cardozo Law Review

No abstract provided.

Transmitting, Editing, And Communicating: Determining What “The Freedom Of Speech” Encompasses, Stuart Minor Benjamin

Duke Law Journal

How much can one say with confidence about what constitutes "the freedom of speech" that Congress shall not abridge? In this Article, I address that question in the context of the transmission of speech specifically, the regulation of Internet access known as net neutrality. This question has implications both for the future of economic regulation, as more and more activity involves the transmission of bits, and for First Amendment interpretation. As for the latter, the question is what a lawyer or judge can conclude without having to choose among competing conceptions of speech. How far can a basic legal toolkit …

The Network Utility, Kevin Werbach

Duke Law Journal

The rise of cloud computing, which involves remote network-based applications and storage, is shifting the balance in the data world from distributed edge systems to centralized networked platforms. This emerging paradigm bears a striking resemblance to the computer utility, a widespread vision among technologists in the 1960s. The way the Federal Communications Commission (FCC) grappled with the convergence of computing and communications in that period shaped the trajectory of both industries. Technology and market structure have changed dramatically, but the basic regulatory issues remain: networked computers need access to communications utilities, and networked computing platforms can themselves function as public …

How About A Singapore-Jakarta Consensus?, Mahdev Mohan, Tsai Lan Shiow

Research Collection Yong Pung How School Of Law

Expectations ran high as lead- ers met last weekend in Ja- karta for the 18th Association of South-east Asian Nations (ASEAN) summit. However, the 10-member regional organisation has left two key issues unresolved - including the ongoing con- flict surrounding the 900-year- old Preah Vihear temple at the Thai-Cambodian border that has claimed 18 lives and Timor-Leste's formal request for admission into its fold this year.

Singapore Apex Court Lays Down Clear Framework For Arbitrability Of Insolvency-Related Claims, Darius Chan

Research Collection Yong Pung How School Of Law

No abstract provided.

Post Election, Let The Healing Begin, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Assistant professor of law Eugene Tan notes in his commentary that a more complex global environment, a rapidly changing Singapore and the challenges it faces will require political parties and Singaporeans alike to mature politically so that Singapore's politics will not limit its potential as a nation.

Dangerous People Or Dangerous Weapons: Access To Firearms For Persons With Mental Illness, Lawrence O. Gostin, Katherine L. Record

Georgetown Law Faculty Publications and Other Works

The recent attempted assassination of Rep. Gabrielle Giffords has once again focused the nation’s attention on the danger of the wide availability of firearms.  The Supreme Court has ruled that gun restrictions may only be imposed on those deemed “prohibited persons” under the Gun Control Act of 1968.  Although some are easily identifiable (e.g., children, convicted felons), one widely inclusive group is not – the mentally ill.

The current system designed to bar the mentally ill from purchasing or possessing firearms is ineffectual due to a lack of reporting and the existence of loopholes.  What’s more, no state has developed …

Coordinating Loan Repayment Assistance Programs With New Federal Legislation, Philip G. Schrag, Charles Pruett

Georgetown Law Faculty Publications and Other Works

For decades, law school administrators, faculty members, students and graduates have worried about the problem of the ever-increasing cost of attendance at the nation’s law schools, and the rapidly rising average debt of graduating law students. The problem was particularly acute for students who desired careers in public service, because starting salaries in the government and non-profit sectors failed to keep pace with the increase in educational debt of law school graduates. In response, many law schools created loan repayment assistance programs (LRAPs), through which they subsidized loan repayment for some or all of their graduates who undertook public service …

Orderly Liquidation Authority: A New Insolvency Regime To Address Systemic Risk, Hollace T. Cohen

University of Richmond Law Review

No abstract provided.

Response To Reasonable Expectations In Sociocultural Context, David G. Epstein

Law Faculty Publications

The Article starts 6 (and ends)7 with the premise that contract law should enforce the reasonable expectations of the parties. This is a hard premise to challenge.8 And an even harder premise to apply.9 The Article recognizes the two problems with applying this premise: (1) how does a court decide what expectations are “reasonable,”10 and (2) what does a court do when the contracting parties have different reasonable expectations.11 The Article then uses two cases to illustrate how “sociocultural dissonance between a judge and contracting party”12 exacerbates these problems.

Naturalized Jurisprudence And American Legal Realism Revisited, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

Reconsidering Racial And Partisan Gerrymandering, Richard T. Holden, Adam B. Cox

Public Law and Legal Theory Working Papers

In recent years, scholars have come to a general agreement about the relationship between partisan gerrymandering and racial redistricting. Drawing districts that contain a majority of minority voters, as is often required by the Voting Rights Act, is said to help minority voters in those districts but hurt the Democratic Party more broadly. This Article argues that this familiar claim is based on a mistaken assumption about how redistricters can best manipulate districts for partisan gain—an assumption grounded in the idea that all voters can be thought of as either Democrats or Republicans. Relaxing this assumption, and acknowledging that voters …

The Circumstances Of Civility, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer

Cardozo Law Review

No abstract provided.