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Articles 27811 - 27840 of 544832
Full-Text Articles in Law
Mediating Pluralism: Felix Frankfurter’S Commitment To Majoritarian Democracy, Dalia Tsuk
Mediating Pluralism: Felix Frankfurter’S Commitment To Majoritarian Democracy, Dalia Tsuk
Touro Law Review
This Article explores parallels between Frankfurter’s faith in democracy, that is, his trust in the legislative and executive branches as reflected in his jurisprudence of judicial restraint, and Frankfurter’s vision for Jewish (and other) immigrants’ integration into the American polity, namely his conviction that immigrants should shed vestiges of their birth cultures and assimilate into their adopted culture. The Article argues that Frankfurter’s commitment to judicial restraint was his means of mediating the pluralist dilemma, that is, the need to accommodate within the law diverse cultures and values; just as Felix Frankfurter, the first-generation Jewish American, wanted to sidestep ethnic …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 122, Issue 6 of Michigan Law Review
Of Might And Men, Leah M. Litman, Melissa Murray, Katherine Shaw
Of Might And Men, Leah M. Litman, Melissa Murray, Katherine Shaw
Michigan Law Review
A review of Manhood: The Masculine Virtues America Needs By Josh Hawley.
Public Accommodations Parlance, Grace Vedock
Public Accommodations Parlance, Grace Vedock
Michigan Law Review
Anxieties linger in the interstices of public accommodations law. 303 Creative LLC v. Elenis is the latest in a string of First Amendment cases that call into question the common law duties underpinning public accommodations doctrine. Many commentators have speculated about the decision’s immediate implications. But criticism of the decision is incomplete. This Note takes 303 Creative as a welcome opportunity to reevaluate basic assumptions about how property law operates in relation to constitutional norms. Beginning with the provocative assertion that no legal axiom is infallible, this Note examines permutations of public accommodations and First Amendment law as rhetorical threads …
Front Matter
Michigan Law Review
Front Matter for Volume 123, Issue 2 of Michigan Law Review
Penalizing Precarity, Goldburn P. Maynard Jr., Clinton G. Wallace
Penalizing Precarity, Goldburn P. Maynard Jr., Clinton G. Wallace
Michigan Law Review
Retirement policy in America is oriented around 401(k) plans and other employer- sponsored savings plans, which together will receive a whopping $1.5 trillion in tax subsidies over the next decade. This Article uncovers a harmful flaw in the policy governing withdrawals made prior to reaching retirement age: an unnoticed gap between the rules governing plan distributions and the rules imposing penalties on employees in certain situations. Employees are generally required to seek approval from their plan administrator to receive a “hardship distribution.” These requests are granted for employees who face an “immediate and heavy financial need,” such as eviction or …
Advanced Online Continuing Legal Education: How To Leverage Technology-Mediated Education For Lawyers' Lifelong Learning, Seth C. Oranburg
Advanced Online Continuing Legal Education: How To Leverage Technology-Mediated Education For Lawyers' Lifelong Learning, Seth C. Oranburg
Scholarly Articles
Continuing legal education ("CLE") is theoretically important not only for lawyers but also for society. CLE aims to keep lawyers' knowledge of ever-changing law and technology up to date so that lawyers can continue advancing law on its long bend toward justice. CLE can socialize lawyers to the rapidly changing human phenomenon we call culture so that they remain keenly aware of what justice requires. And CLE could help attorneys fulfill their duty of technological competence by keeping attorneys' understanding of legal technology current. For these reasons, as well as others, most states mandate that lawyers take several hours of …
Antitrust Standing For Umbrella Purchasers, Ahmed Alfaris
Antitrust Standing For Umbrella Purchasers, Ahmed Alfaris
University of San Francisco Law Review
No abstract provided.
Strict Liability For Defective Products Sold On Amazon's E-Marketplace: Is The Tide Turning?, John R. Dorogak, Ann Johnson, Thomas Mcweeny, Breena Coates, Montgomery Van Wart
Strict Liability For Defective Products Sold On Amazon's E-Marketplace: Is The Tide Turning?, John R. Dorogak, Ann Johnson, Thomas Mcweeny, Breena Coates, Montgomery Van Wart
University of San Francisco Law Review
No abstract provided.
Moving Forward Together: Asian Americans And Allyship In A Non-Black-And-White America, Harvey Gee
Moving Forward Together: Asian Americans And Allyship In A Non-Black-And-White America, Harvey Gee
University of San Francisco Law Review
No abstract provided.
Certificates Of Public Advantage: A Valuable Tool Or Diminishing Allure?, Abdur Rahman Amin
Certificates Of Public Advantage: A Valuable Tool Or Diminishing Allure?, Abdur Rahman Amin
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Black Maternal Mortality Rate: Improving Outcomes For Black Mothers Using Legislation That Reverses The Effects Of Structural Racism In Medicine, Ashley Pattain
Black Maternal Mortality Rate: Improving Outcomes For Black Mothers Using Legislation That Reverses The Effects Of Structural Racism In Medicine, Ashley Pattain
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Autism And Access To Healthcare, Amanda Forbes
Autism And Access To Healthcare, Amanda Forbes
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder
Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Lessons From A Small And Troubled Country: Bosnia’S Struggling Judiciary Paints An Ominous Picture For The Future Of The Rule Of Law In The United States, David Pimentel
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Carbon Free Tbd, Hudson B. Kingston
Carbon Free Tbd, Hudson B. Kingston
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Cost Prohibitive Bonds As Denial Of Justice: Grassroots And Community Organizations’ Due Process Rights, Elizabeth Royal, Aletta Brady
Cost Prohibitive Bonds As Denial Of Justice: Grassroots And Community Organizations’ Due Process Rights, Elizabeth Royal, Aletta Brady
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Migration And Survival: The Birds Do It, The Bees Do It, Why Can’T We Do It?, Meredith Bensen
Migration And Survival: The Birds Do It, The Bees Do It, Why Can’T We Do It?, Meredith Bensen
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Trading Your Child’S Privacy Rights For Views And Sponsorships, Angel Guarneros
Trading Your Child’S Privacy Rights For Views And Sponsorships, Angel Guarneros
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Can Policing Be Purged Of White Supremacy? A First Amendment Inquiry, Jessica Tilton
Can Policing Be Purged Of White Supremacy? A First Amendment Inquiry, Jessica Tilton
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Failing To Close Pandora's Box: Why Motions To Suppress Are Inadequate As A Remedy For False Confessions, Christina G. Leung
Failing To Close Pandora's Box: Why Motions To Suppress Are Inadequate As A Remedy For False Confessions, Christina G. Leung
University of San Francisco Law Review
No abstract provided.
It's More Than Just A Family Issue: A Global Analysis Of Parentage Assumption Law In Relation To Surrogacy, Jordan Chrispell
It's More Than Just A Family Issue: A Global Analysis Of Parentage Assumption Law In Relation To Surrogacy, Jordan Chrispell
University of San Francisco Law Review
No abstract provided.
Fight Like A Girl: Holding Schools Accountable For Punishing Female Students' Sexuality In Violation Of Title Ix, Angela Garcia
Fight Like A Girl: Holding Schools Accountable For Punishing Female Students' Sexuality In Violation Of Title Ix, Angela Garcia
University of San Francisco Law Review
No abstract provided.
Navigating Copyright Law In A Digital World With An Analog Rulebook: Guidance For Visual Artists, Stephanie Moser
Navigating Copyright Law In A Digital World With An Analog Rulebook: Guidance For Visual Artists, Stephanie Moser
University of San Francisco Law Review
No abstract provided.
In Search Of Strategies To Address Violence In Central America, Bill Ong Hing
In Search Of Strategies To Address Violence In Central America, Bill Ong Hing
University of San Francisco Law Review
No abstract provided.
Loose Lips And Internet Censorship: Freedom Of Expression In India And Malaysia, Matin Pedram, Jean-Christophe Roberge, Eugina Georgiades
Loose Lips And Internet Censorship: Freedom Of Expression In India And Malaysia, Matin Pedram, Jean-Christophe Roberge, Eugina Georgiades
University of San Francisco Law Review
No abstract provided.
Delayed Emergency Care: How Professional Liability Insurance Affects Doctors’ Decisions After Dobbs And What Needs To Change, Erin Stuart
Marquette Law Review
In 2022, the U.S. Supreme Court overruled Roe v. Wade, ushering in a new era for abortion regulation. In some states, like Wisconsin, abortion was instantly re-criminalized. In rare but serious instances, health care providers faced the dilemma of deciding whether to delay care for emergency abortion services to save the life of a mother, for fear of criminal prosecution. As a result, some providers wondered if their professional liability insurance plan would provide a legal defense in the event of a criminal charge of illegally performing an abortion, though the facts may show it was to save the life …
Lessons Learned Since Life On The Law Review, Cynthia M. Davis
Lessons Learned Since Life On The Law Review, Cynthia M. Davis
Marquette Law Review
No abstract provided.
SchröDinger’S Dissent: The Hybrid Authority Of A Dissenting Opinion, Christina M. Frohock
SchröDinger’S Dissent: The Hybrid Authority Of A Dissenting Opinion, Christina M. Frohock
Marquette Law Review
A dissenting opinion is the Schrödinger’s cat of authorities: both the law and not the law simultaneously. Courts and scholars often clarify that a dissenting opinion is not binding. Outside the universe of precedent, that authority defies easy description. Emerging from the pen of a judge wearing a black robe and acting in an official capacity, a dissenting opinion exhibits the form of the law. Yet, beneath that lofty sheen, a dissent exhibits the substance of commentary. A dissenting judge writes to undercut the law, providing a case law coda. This Article describes the traditional categories of authority, primary and …
Water Law Transitions In The Era Of Climate Change, Luis Inaraja Vera
Water Law Transitions In The Era Of Climate Change, Luis Inaraja Vera
Law Faculty Scholarship
Legal transitions--that is, changes in legislation, regulations, or judicial decisions are necessary to improve any legal system. This process, however, is fraught with obstacles and hard decisions mainly because, while society may gain, some individuals suffer under a new rule. This raises a number of questions. Is the reform unfair to those who lose as a result of it? If so, should the new rule incorporate any form of transition relief to alleviate these concerns, such as compensation? Legal transitions can be particularly difficult when a new rule affects vested property rights. This Article uses water law reform as a …