Law Commons^™

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Foreword, Madeline Cline

UC Law Constitutional Quarterly

No abstract provided.

Understanding An American Paradox: An Overview Of The Racial Muslim: When Racism Quashes Religious Freedom, Spearit

UC Law Constitutional Quarterly

No abstract provided.

Racial Equality, Religious Liberty, And The Complications Of Pluralism, Rachel F. Moran

UC Law Constitutional Quarterly

No abstract provided.

Race, Religion, And National Identity Review Of Sahar Aziz, The Racial Muslim: When Racism Quashes Religious Freedom (Uc Press, 2022), Natsu Taylor Saito

UC Law Constitutional Quarterly

No abstract provided.

Antitrust Has Forgotten Its Coase, John M. Yun

Nevada Law Journal

No abstract provided.

Health Of Nations: Preventing A Post-Pandemic Emerging Markets Debt Crisis, Lev E. Breydo

Nevada Law Journal

No abstract provided.

The Case For A Cda Section 230 Notice-And-Takedown Duty, Michael L. Rustad, Thomas H. Koenig

Nevada Law Journal

No abstract provided.

Preventing A (Replication) Crisis In The Courtroom, Kaitlin Mccormick-Huhn

Nevada Law Journal

No abstract provided.

The Stewardship Model Of Necessity, Joseph Graziano

Notre Dame Law Review

The current understanding of the necessity defense to trespass to property in American law stems from a simple—or perhaps simplistic—balancing of rights. Based in the individualistic understanding of property as a right against the world that creates an obligation for others, necessity pits the interloper’s right to life, liberty, or property against the property owner’s right. Although feasible in the extremes, dueling rights leads to an unwieldy judicial task, discouraging advocates from alleging the privilege and discouraging judges from recognizing the privilege. Overall, the right to exclude has become more and more the libertarian vision of a right to be …

Foreword, Adam C. Gillette, Lissa L. Broome

North Carolina Banking Institute

No abstract provided.

Contents, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

Masthead, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

In Remembrance: Paul Jerome Polking (1937-2022), North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

The Supreme Court's Major Questions Doctrine: Implications For Responding To Financial Crises, Eric J. Spitler

North Carolina Banking Institute

No abstract provided.

When Disaster Strikes: Authorizing Documents Of Recission For Fraud In North Carolina, Jon Schlotterback

North Carolina Banking Institute

No abstract provided.

The Fdic's Investigation Of Voyager Digital And What That Means For Crypto-Fintechs, Lauren S. Pless

North Carolina Banking Institute

No abstract provided.

Tiny Home Lot Split Policy: A Needed Adjunct To Accessory Dwelling Units In Promoting Affordable Housing, Christopher J. Hoffler

North Carolina Banking Institute

No abstract provided.

A Unified Front: The Need For A Comprehensive, Centralized Network For Financial Institutions And Law Enforcement To Collaborate On Anti-Human Trafficking Efforts, Kacie T. England

North Carolina Banking Institute

No abstract provided.

The Heirs' Property Dilemma: How Stronger Federal Policies Can Help Narrow The Racial Wealth Gap, Kendall B. Bargeman

North Carolina Banking Institute

No abstract provided.

Ai Lending And Ecoa: Avoiding Accidental Discrimination, Michael A. Griffith

North Carolina Banking Institute

No abstract provided.

What Is In Our Best Interest? Are Educational Digital Engagement Practices A Way To Avoid Pending Gamification Regulation, Caleb F. Boldt

North Carolina Banking Institute

No abstract provided.

Incorporating The Supply Chain Into The Sec's Human Capital Disclosure Requirements, Meghan K. Fernandez

North Carolina Banking Institute

No abstract provided.

Lisp – An Historical Reminiscence, Heather Simmons

Articles, Chapters and Online Publications

Reflections on the history of the Legal Information Services to the Public group of the American Association of Law Libraries.

Taking Stock Of Startup Stock Options: Addressing Disclosure And Liquidity Concerns Of Startup Employees, John R. Dorney

Vanderbilt Law Review

U.S. capital markets are becoming increasingly private. Initial public offerings have steadily declined since the 1990s, and private companies are remaining private over twice as long as they have in the past. Furthermore, private company financing has reached unprecedented levels. Private securities offerings now greatly outpace the value of publicly traded securities. Additionally, recent regulatory changes seem to be accelerating this shift from the public to the private markets. One result of this shift is that private company valuations have grown immensely, so much so that private companies with valuations of over $1 billion exist and are known as “unicorns.” …

The Indecisions Of 1789: Inconstant Originalism And Strategic Ambiguity, Jed Handelsman Shugerman

Faculty Scholarship

The unitary executive theory relies on the First Congress and an ostensible "Decision of 1789" as an originalist basis for unconditional presidential removal power. In light of new evidence, the First Congress was undecided on any constitutional theory and retreated to ambiguity in order to compromise and move on to other urgent business.

Seila Law's strict separation-of-powers argument depends on indefeasibility (i.e., Congress may not set limits or conditions on the president's power of civil removal). In fact, few members of the First Congress defended or even discussed indefeasibility. Only nine of fifty-four participating representatives explicitly endorsed the presidentialist …

Efficiency And Equity In Regulation, Caroline Cecot

Vanderbilt Law Review

The Biden Administration has signaled an interest in ensuring that regulations appropriately benefit vulnerable and disadvantaged communities. Prior presidential administrations since at least the Reagan Administration have focused on ensuring that regulations are efficient, maximizing the net benefits to society as a whole, without considering who benefits or who loses from these policies. Critics of this process of regulatory review have celebrated President Biden’s initiative, hoping that distributional analysis and the pursuit of equity will displace traditional tools and interests such as cost-benefit analysis and the pursuit of efficiency. Meanwhile, supporters of the current process are concerned that pursuing equity …

The Limits Of Portfolio Primacy, Roberto Tallarita, Associate Director Of The Program On Corporate Governance

Vanderbilt Law Review

According to the “portfolio primacy” theory, large asset managers, and in particular large index funds, can and will undertake the role of “climate stewards” and will push corporations to reduce their carbon footprint. This theory is based on the view that index fund portfolios mirror the entire market and therefore have strong financial incentives to reduce market-wide threats, such as climate change.

But how much can we rely on portfolio primacy to mitigate the effects of climate change? In this Article, I provide a conceptual and empirical assessment of the potential impact of portfolio primacy on climate change mitigation by …

What’S In The Contract?: Rockefeller, The Hague Service Convention, And Serving Process Abroad, Thomas G. Vanderbeek

Vanderbilt Law Review

Today’s global economy relies on transnational commerce. The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention”), implemented in 1965, encouraged transnational commerce by establishing a streamlined mechanism for serving foreign parties with process. More reliable international service methods helped ensure parties that they could resolve disputes with foreign parties through the courts. The Hague Service Convention thus created a bridge between civil and common law procedures on service while reducing some of the risks of engaging in business with foreign parties.

At the same time, the Hague Service Convention frequently …

Theseus In The Labyrinth: How State Constitutions Can Slay The Procedural Minotaur, Marcus A. Gadson

Washington Law Review

Civil procedure is one of the biggest hurdles to access to justice. An array of rules and interpretations of those rules have turned lawsuits into meandering mazes with a procedural minotaur waiting to gobble up meritorious claims. The problem is especially acute for the many Americans without abundant resources or access to a lawyer. Fortunately, there is a ready remedy, albeit one access to justice advocates have ignored: state constitutions. Forty state constitutions, which protect hundreds of millions of Americans, generally guarantee “[t]hat all courts shall be open, and every person, for an injury done him in his person, property …