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Articles 29101 - 29130 of 545204
Full-Text Articles in Law
Environmental Law: The Negotiable Implementation Of Environmental Law, Dave Owen
Environmental Law: The Negotiable Implementation Of Environmental Law, Dave Owen
The Judges' Book
No abstract provided.
Environmental Law: Wolf Law, Jesse Honig, David Takacs
Environmental Law: Wolf Law, Jesse Honig, David Takacs
The Judges' Book
No abstract provided.
Privacy Law: Police Secrecy Exceptionalism, Christina Koningisor
Privacy Law: Police Secrecy Exceptionalism, Christina Koningisor
The Judges' Book
No abstract provided.
I Hope The Final Judgment’S Fair: Alternative Jurisprudences, Legal Decision-Making, And Justice, Michael L. Perlin
I Hope The Final Judgment’S Fair: Alternative Jurisprudences, Legal Decision-Making, And Justice, Michael L. Perlin
Articles & Chapters
At the core of any legal decision is an assumption that the decision will be “fair,” yet this is an elusive term. A close study of cases involving criminal defendants with mental disabilities shows that many (perhaps most) of the decisions involving this cohort are not “fair” in the contexts of due process and justice. If legal decisions reflect principles such as procedural justice, restorative justice, and therapeutic jurisprudence, the chances of such fairness will be significantly enhanced. This chapter explains why this goal of fairness, in the context of these cases, can never be met absent a consideration of …
The Intersection Of Special Education And Family Law: Thoughts For Family Law Attorneys In Divorce And Custody Cases, Richard D. Marsico
The Intersection Of Special Education And Family Law: Thoughts For Family Law Attorneys In Divorce And Custody Cases, Richard D. Marsico
Articles & Chapters
The Individuals with Disabilities Education Act (IDEA) requires participating states to provide a free appropriate public education (FAPE) to children with disabilities. The IDEA gives parents of children with disabilities significant rights and major responsibilities in developing and maintaining their child’s education. Getting the most out of the IDEA for their children requires parents to commit substantial time and financial resources that are difficult to provide in the best circumstances. When parents are having marital difficulties, separated, undergoing a divorce, or negotiating child custody, these difficulties can be exacerbated as parents navigate the intersection of the federal IDEA and state …
Family Law And Children’S Educational Rights: Introduction & Acknowledgements, Lisa Grumet
Family Law And Children’S Educational Rights: Introduction & Acknowledgements, Lisa Grumet
Articles & Chapters
No abstract provided.
Repealing Single-Family Zoning Is Not Enough: A Proposal For Removing Existing Parallel Private Covenants For Violating Public Policy, Gerald Korngold
Repealing Single-Family Zoning Is Not Enough: A Proposal For Removing Existing Parallel Private Covenants For Violating Public Policy, Gerald Korngold
Articles & Chapters
The United States is currently suffering a pervasive and unsettling shortage of housing and increased housing unaffordability. Rents are at an all-time high, which has a disproportionate impact on people of color and people earning lower incomes as they are more likely to rent rather than owns their homes. Moreover, people solidly in the middle class are finding it increasingly difficult to purchase residences within their budgets.
Critics have identified “single-family zoning”—allowing only one single-family home per lot--as a major cause of housing supply and affordability problems. In response, a handful of states and cities have recently passed legislation that …
Ask The Professor: Will The Recent Second Circuit Decision In Sec V. Govil Adversely Impact Future Sec Disgorgement Cases—Or Not?, Ronald Filler
Ask The Professor: Will The Recent Second Circuit Decision In Sec V. Govil Adversely Impact Future Sec Disgorgement Cases—Or Not?, Ronald Filler
Articles & Chapters
No abstract provided.
Their Futures, So Full Of Dread: How Barefoot's Contamination Of The Death Penalty Trial Process Continues, Michael L. Perlin, Talia Roitberg Harmon, Maren Geiger, Moana Houde-Camirand
Their Futures, So Full Of Dread: How Barefoot's Contamination Of The Death Penalty Trial Process Continues, Michael L. Perlin, Talia Roitberg Harmon, Maren Geiger, Moana Houde-Camirand
Articles & Chapters
Forty years ago, in its most roundly-criticized criminal procedure decision in modern history, the Supreme Court, in Barefoot v. Estelle (463 U.S. 880 (1983)), a decision premised on testimony by the responses to a hypothetical of a witness who had never directly evaluated the defendant, ruled that such testimony as to future dangerousness – testimony that had concluded there was a “100% chance” the defendant would commit more crimes if released into society -- was permissible. Over a stinging dissent by Justice Blackmun, the Supreme Court had ruled in Barefoot that it was not constitutional error for psychiatrists to testify …
Public Confidence, Judges, And Politics On And Off The Bench, Bruce Green, Rebecca Roiphe
Public Confidence, Judges, And Politics On And Off The Bench, Bruce Green, Rebecca Roiphe
Articles & Chapters
Public confidence in the judiciary is at a low point. There are multiple reasons for the public’s waning faith in judges, but the perception that they are merely politicians in robes plays a significant part. This article analyzes the politicization of the judiciary and argues that while ideology invariably affects judicial decisionmaking, the professional identity of judges limits its impact. A commitment to judicial norms and processes as well as a concern for professional reputation serve as a real break on partisan loyalty and affiliation. The task is to preserve and promote this professional identity and convey to the public …
How And When Do We Get To Maybe? | Book Review, Kris Franklin
How And When Do We Get To Maybe? | Book Review, Kris Franklin
Articles & Chapters
No abstract provided.
The Potential For Conflicts Between Ccs Projects And Mineral Extraction, Joseph Schremmer
The Potential For Conflicts Between Ccs Projects And Mineral Extraction, Joseph Schremmer
Faculty Articles
This article classifies the types of conflicts likely to occur between carbon dioxide sequestration and mineral extraction operations occurring simultaneously on the same tract of land. It then sets up framework for thinking through the legal disputes that may result. These are modest goals, and the central problem—concurrent carbon dioxide sequestration and mineral development—is more complex than can be fully analyzed here. I expect that much more work will need to be done on other important questions, hopefully building on this framework. Three further questions worthy of attention are (i) how these principles guide resolutions of specific kinds of disputes, …
Conflicts And Confluences Between Surface And Mineral Estates With Ccus, Joseph Schremmer
Conflicts And Confluences Between Surface And Mineral Estates With Ccus, Joseph Schremmer
Faculty Articles
Carbon capture, utilization, and storage (CCUS) presents a new way of using an old resource: the subterranean rock structures and their interstitial “pore” space that make up the subsurface of the earth. Injecting carbon into these structures also raises a number of new legal questions about their ownership and the relations between the owners of the structures and the owners of other subsurface resources contained within them, like oil and gas, coal, coalbed methane, and geologically native carbon dioxide. This Article explores these new legal questions and the conceptual difficulties they present with the aim of guiding participants in CCUS …
More Than Friends: A New Theory For The Third-Party Doctrine, Eang Ngov
More Than Friends: A New Theory For The Third-Party Doctrine, Eang Ngov
Faculty Articles
When a person gives information or something tangible to someone or a business, the Fourth Amendment’s third-party doctrine allows the government to obtain that evidence without a warrant or probable cause. The third-party doctrine is premised on the rationale that we hold no reasonable expectation of privacy when we voluntarily expose information to others, that we assume the risk that the third party would share the information, and that we must deal with the consequences of that misplaced trust. The doctrine originated from a series of cases where law enforcement obtained information revealed by criminals through their mistaken trust of …
Altered Stakes: Reimagining The Amount-In-Controversy Requirement, Steven Gensler, Roger Michalski
Altered Stakes: Reimagining The Amount-In-Controversy Requirement, Steven Gensler, Roger Michalski
Faculty Articles
Which state-law cases should Congress allow into federal court? Congress's answer has always been "only the big ones." This article revisits the choice to limit diversity jurisdiction to higher-value cases and critically examines how Congress has approached setting the amount threshold. It surveys alternate ways Congress could use case value to sort which cases make it into the diversity docket. We explore lotteries, auctioning access to the highest bidder, setting an amount in controversy maximum rather than the current minimum, pegging the jurisdictional amount to the minimum wage or the cost of a hamburger, employing relative measures that use multiples …
A New Approach To Attorney Regulation, Jon J. Lee
A New Approach To Attorney Regulation, Jon J. Lee
Faculty Articles
For more than half a century, jurisdictions have relied on threats of disciplinary sanctions—sticks—to try to coerce attorneys to act in an ethical manner. In doing so, they have focused their efforts on establishing minimum standards of practice and sanctioning only those attorneys who fall well short of them. By crafting general rules that apply to all attorneys, however, jurisdictions have ignored the considerable differences that attorneys face as a result of their practice settings, years of experience, or individual identities. Furthermore, jurisdictions have struggled to establish clear standards to guide attorneys regarding their obligations—precisely because the settings in which …
Green Colonialism: Sidelined While On The Front Lines, M. Alexander Pearl
Green Colonialism: Sidelined While On The Front Lines, M. Alexander Pearl
Faculty Articles
No abstract provided.
The Consequences Of Mythology: Supreme Court Decisionmaking In Indian Country, M. Alexander Pearl
The Consequences Of Mythology: Supreme Court Decisionmaking In Indian Country, M. Alexander Pearl
Faculty Articles
Ilanoli isht unowa. We tell our own stories. A single historical event has many stories. Although this nation's official chronicle expected and even hoped for Indigenous peoples to fade away, we are still here. Our histories are marked by resistance, survival, sovereignty, and renaissance. Only now, in the later stages of the American experiment, do our histories have the chance to matter in new forms and spaces. How much these stories matter within contemporary contexts depends upon where they are spoken and more importantly, who is listening. On the pages of a U.S. Supreme Court opinion, what stories are told …
Administration For Community Living (Acl) Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (January 2024)
Copyright, Fair Use, Scholarly Communication, etc.
ACL response to OSTP memo, 2022: Public Access Plan (January 2024)
The Nation’S Transfer Tax Regime And The Tax Gap, Jay A. Soled
The Nation’S Transfer Tax Regime And The Tax Gap, Jay A. Soled
Oklahoma Law Review
No abstract provided.
Holding All The Cards: The Role Of The Oklahoma Family Wealth Preservation Trust Act In The Game Of Domestic Asset Protection, T. Grace Hall
Holding All The Cards: The Role Of The Oklahoma Family Wealth Preservation Trust Act In The Game Of Domestic Asset Protection, T. Grace Hall
Oklahoma Law Review
No abstract provided.
Cyberflashing: Exposing Oklahoma’S Legal Loophole, Sara Wray
Cyberflashing: Exposing Oklahoma’S Legal Loophole, Sara Wray
Oklahoma Law Review
No abstract provided.
After Affirmative Action: Contextual Admissions And The Future Of African American Law School Enrollment, Nathan L. Bennett Fleming
After Affirmative Action: Contextual Admissions And The Future Of African American Law School Enrollment, Nathan L. Bennett Fleming
Oklahoma Law Review
No abstract provided.
Taking Aim At Shotspotter: Gunshot Surveillance, The Fourth Amendment, And An Argument For Sonic Security, Emily A. Fogg
Taking Aim At Shotspotter: Gunshot Surveillance, The Fourth Amendment, And An Argument For Sonic Security, Emily A. Fogg
Oklahoma Law Review
No abstract provided.
Curing Terry’S Colorblindness, Ilan Friedmann-Grunstein
Curing Terry’S Colorblindness, Ilan Friedmann-Grunstein
Oklahoma Law Review
No abstract provided.
Copyright In Ai Training Data: A Human-Centered Approach, David W. Opderbeck
Copyright In Ai Training Data: A Human-Centered Approach, David W. Opderbeck
Oklahoma Law Review
No abstract provided.
Known Unknowns: Unmeasurable Hazards And The Limits Of Risk Regulation, Timothy D. Lytton
Known Unknowns: Unmeasurable Hazards And The Limits Of Risk Regulation, Timothy D. Lytton
Oklahoma Law Review
No abstract provided.
The Right To Fail, Alexander A. Boni-Saenz
Reproductive Federalism & Disabled Citizenship, Heather A. Swadley
Reproductive Federalism & Disabled Citizenship, Heather A. Swadley
Oklahoma Law Review
No abstract provided.
Set Up To Fail: Disabled Parents In The Family Regulation System, Sarah H. Lorr
Set Up To Fail: Disabled Parents In The Family Regulation System, Sarah H. Lorr
Oklahoma Law Review
No abstract provided.