Law Commons^™

Growing A Constitution, Leslie Gielow Jacobs

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of A republic of statutes: The New American Constitution. William N. Eskridge, Jr. and John Ferejohn. New Haven: Yale University Press. 2010. Pp. viii + 582. Reviewed by Leslie Gielow Jacobs.

Should We Have A Liberal Constitution?, Louis Michael Seidman

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Four Constitutional Limits That The Minimum Coverage Provision Respects, Neil S. Siegel

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox

Articles

Recent scholarly and legislative interest in state enforcement of federal law has led to the need for an empirical understanding of how and when these enforcement powers are used. This article reports on an examination of the use by state attorneys general of sixteen federal consumer protection laws that expressly allow for state enforcement. The data are sorted and analyzed by both single state actions and multistate actions over time, and by the involvement of federal agencies in the state cases. The data reveal a measured use of such powers by state attorneys general and robust state and federal cooperation …

Regulatory Contrarians, Brett Mcdonnell, Daniel Schwarcz

Articles

This Article explores the role that “regulatory contrarians” can play in promoting more adaptive financial regulation. Such contrarians have several distinguishing features. First, they possess persuasive authority by virtue of their position, access to media and officials, or speaking engagements and reports. Second, they are affiliated with, and enjoy privileged access to, a regulatory entity but are nonetheless independent, as reflected in their budget, staffing, and/or priorities. Finally, they are tasked with studying the regulatory process, policy positions, and the regulated market and in some way reporting on deficiencies and potential improvements. The Article argues that regulatory contrarians can modestly …

Compromised Fiduciaries: Conflicts Of Interest In Government And Business, Claire Hill, Richard W. Painter

Articles

In the present financial crisis, the government has become extensively involved in managing companies, at times undertaking massive bailouts. The results of government involvement in business are at best mixed. Moreover, its involvement has generated significant criticism. But government involvement in managing companies is sometimes inevitable. It is therefore important to consider how it can be improved. One critical reason why government might perform poorly is conflicts of interest. Given the conflicts that arise at multiple levels of decisionmaking in both government and private companies, it should not be surprising that government management of companies is often problematic. In both …

Radbruch's Formula And Conceptual Analysis, Brian Bix

Articles

Gustav Radbruch, in well-known work that appeared just after World War II, put forward a formula that stated that state-promulgated rules that are sufficiently unjust lose their status as valid law. Radbruch’s Formula has generally been understood as a claim about the nature of law, and recent variations of Radbruch’s Formula, like Robert Alexy’s “claim to correctness,” have similarly been characterized as offering a truth about the nature of law. Additionally, both Radbruch’s and Alexy’s theories have been presented as criticisms of, and alternatives to, legal positivism. An alternative understanding of the Formula (and its modern variations) is as (mere) …

From Kyoto To Quito: Reassessing Oil Moratorium As An Effective Climate Change Policy From A Property-Based Approach, Patrick Wieland

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Rule Synthesis And Explanatory Synthesis: A Socratic Dialogue Between Ireac And Treat, Michael D. Murray

Law Faculty Scholarly Articles

This Article explores the theory and process of explanatory synthesis in comparison to rule synthesis and case-to-case analogical reasoning as a method of demonstrative legal reasoning and analysis and legal rhetoric. The Article takes the form of a Socratic dialogue to discuss the analytical and rhetorical advantages of explanatory synthesis. Explanatory synthesis provides an important option for inductive reasoning and argumentation within the deductive paradigm of legal analysis, and has rhetorical advantages over other forms of analogical reasoning when examined using the tools of modern argument theory and the rhetorical canons of law and economics.

The Future Of Employment-Based Health Insurance After The Patient Protection And Affordable Case Act, Kathryn L. Moore

Law Faculty Scholarly Articles

In the United States, unlike in all other advanced industrial states, health care is financed principally through employment-based health insurance. In 2009, more than 156 million individuals under the age of sixty-five, or 59% of that population, were covered by employment- based health insurance.

On March 21, 2010, President Obama signed the Patient Protection and Affordable Care Act (PPACA). Described as seminal as the enactment of the Employee Retirement Income Security Act (ERISA), PPACA fundamentally reforms the American health care system. PPACA, however, does not eliminate the system’s reliance on employment- based health insurance. Instead, it builds on, and arguably …

Ethnicity And Cultural Issues, John E. Zeber, Jodi M. Gonzalez, Richard Van Dorn, Alejandro Interian

Mental Health Law & Policy Faculty Publications

No abstract provided.

Depression Care Management: Can Employers Purchase Improved Outcomes?, Kathryn Rost, Donna Marshall, Benjamin Shearer, Allen J. Dietrich

Mental Health Law & Policy Faculty Publications

Fourteen vendors are currently selling depression care management products to US employers after randomized trials demonstrate improved work outcomes. The research team interviewed 10 (71.4%) of these vendors to compare their products to four key components of interventions demonstrated to improve work outcomes. Five of 10 depression products incorporate all four key components, three of which are sold by health maintenance organizations (HMOs); however, HMOs did not deliver these components at the recommended intensity and/or duration. Only one product delivered by a disease management company delivered all four components of care at the recommended intensity and duration. This “voltage drop,” …

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power

Faculty Scholarship

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …

The Shocking Truth: Law Enforcement's Use And Abuse Of Tasers And The Need For Reform, Michelle E. Mcstravick

Villanova Law Review (1956 - )

No abstract provided.

From The Schoolhouse To The Poorhouse: The Credit Card Act's Failure To Adequately Protect Young Consumers, Eboni S. Nelson

Villanova Law Review (1956 - )

The article discusses the Credit Card Act of 2009 specifically its provisions aiming to protect college-aged consumers. The author cites the students' high debt figures and discusses the negative impact on their academic, personal and future professional lives. He identifies loopholes that have enabled circumventions and deliberates on proposals which include increases in age and ability-to-pay requirements, limits to increasing credit limits and imposition of usury or interest rate caps.

Volume 35, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Masthead, Volume 36 Issue 2 (2011)

Canada-United States Law Journal

No abstract provided.

Volume 36 Issue 2 (2011), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Jurors’ Perceptions Of Juvenile Offenders Tried In Adult Criminal Court, Margaret C. Stevenson, Cynthia J. Najdowski, Bette L. Bottoms, Katlyn M. Sorenson, Sylvia P. Perry

Psychology Faculty Scholarship

No abstract provided.

What Domestic And International Legal Efforts Can Best Ensure The Freezing Of Assets And Money Acquired Through Acts Of Piracy?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

Would The Right Of Hot Pursuit Enable Third States To Apprehend Pirates In The Territorial Waters Of Another State Without Its Consent?, Brett Ashley Edwards

War Crimes Memoranda

No abstract provided.

In What Ways Should Provisions And Agreements Governing Surrender And Legal Assistance Of A Security Council-Created Piracy Court Differ From A War Crimes Tribunal?, Brett Ashley Edwards

War Crimes Memoranda

No abstract provided.

Use Of Force By Private Contractors Against Somali Pirates, Effy Folberg

War Crimes Memoranda

No abstract provided.

Case Brief: In Re Mohamud Mohamed Hashi Et Al. (2009), Pilpg

War Crimes Memoranda

No abstract provided.

Domestic Incorporation Of International Law: Comparative State Practice, Pilpg

War Crimes Memoranda

No abstract provided.

Payment Of Piracy Ransoms, Pilpg

War Crimes Memoranda

No abstract provided.

What Are The Common Forms Of Lawyer Misconduct Likely To Occur Before The Eccc, And How Can The Eccc Address And Sanction Such Misconduct?, Rizwan Chowdhry

War Crimes Memoranda

No abstract provided.

Comparative Analysis Of The Modes Of Individual Criminal Responsibility As Defined By Article 3(1)(A) Of The Statute Of The Special Tribunal For Lebanon And The Modes As Defined In The Statutes Of The International Criminal Tribunal For The Former Yugoslavia, The International Criminal Tribunal For Rwanda, The Special Court For Sierra Leone, And The International Criminal Court Asserting That The Differences In Language Utilized By The Statutes Of International Tribunals To Denote The Modes Of Individual Criminal Responsibility Serve A Non-Substantive Legal Purpose., Ashanti C. Lisowitz

War Crimes Memoranda

No abstract provided.

Can Piracy Be Considered A Crime Against Humanity For Purposes Of The Jurisdiction Of The International Criminal Court?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

Can States Exercise Universal Jurisdiction Over Non-National Pirates Captured On The High Seas?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.