Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Procedure (31)
- Constitutional Law (28)
- Courts (27)
- Law and Society (22)
- Civil Rights and Discrimination (20)
-
- Criminal Law (20)
- Legal Remedies (20)
- Administrative Law (19)
- Jurisprudence (19)
- Torts (19)
- Law and Economics (18)
- Health Law and Policy (17)
- Jurisdiction (17)
- Legislation (17)
- Litigation (17)
- State and Local Government Law (17)
- Business Organizations Law (16)
- International Law (16)
- Contracts (15)
- Judges (15)
- Legal Profession (15)
- Common Law (14)
- Public Law and Legal Theory (14)
- Agency (13)
- Comparative and Foreign Law (13)
- Consumer Protection Law (13)
- Internet Law (13)
- Law and Politics (13)
- Institution
-
- Louisiana State University Law Center (25)
- Brooklyn Law School (10)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (9)
- Seattle University School of Law (9)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (9)
-
- Fordham Law School (8)
- Roger Williams University (7)
- St. Mary's University (6)
- Touro University Jacob D. Fuchsberg Law Center (6)
- University of Maine School of Law (5)
- Cleveland State University (3)
- Penn State Dickinson Law (3)
- Columbia Law School (2)
- Loyola Marymount University and Loyola Law School (2)
- Notre Dame Law School (2)
- Rochester Institute of Technology (2)
- Saint Louis University School of Law (2)
- The University of Southern Mississippi (2)
- University of Georgia School of Law (2)
- University of Oklahoma College of Law (2)
- University of Rhode Island (2)
- Vanderbilt University Law School (2)
- Yeshiva University, Cardozo School of Law (2)
- American University Washington College of Law (1)
- Augustana College (1)
- Marquette University Law School (1)
- Maurer School of Law: Indiana University (1)
- Northern Michigan University (1)
- Northwestern Pritzker School of Law (1)
- Osgoode Hall Law School of York University (1)
- Keyword
-
- COVID-19 (8)
- Health (5)
- Law (5)
- Social (5)
- "Rhode Island" (4)
-
- ACLU (4)
- Civil (4)
- Civil law (4)
- Criminal (4)
- Fraud (4)
- Legal (4)
- Louisiana (4)
- Prison (4)
- Public (4)
- Administrative law (3)
- Attorney (3)
- Community (3)
- Court (3)
- Courts (3)
- Cranston (3)
- Creditor (3)
- Distancing (3)
- Diversity (3)
- Due process (3)
- High (3)
- Indian (3)
- Judge (3)
- Lease (3)
- Legislation (3)
- Medical (3)
- Publication
-
- Journal of Civil Law Studies (23)
- Nevada Supreme Court Summaries (9)
- Review of law sciences (9)
- Seattle University Law Review (7)
- Brooklyn Journal of Corporate, Financial & Commercial Law (6)
-
- Maine Law Review (5)
- St. Mary's Law Journal (5)
- Articles (4)
- Fordham Environmental Law Review (4)
- Life of the Law School (1993- ) (4)
- Touro Law Review (4)
- Dickinson Law Review (2017-Present) (3)
- All Faculty Scholarship (2)
- Brooklyn Journal of International Law (2)
- Brooklyn Law Review (2)
- Dignity: A Journal of Analysis of Exploitation and Violence (2)
- Faculty Scholarship (2)
- Fordham Journal of Corporate & Financial Law (2)
- Fordham Law Review (2)
- Georgia Law Review (2)
- Journal of Health Ethics (2)
- Law Faculty Briefs and Court Documents (2)
- Oklahoma Law Review (2)
- Scholarly Works (2)
- School of Law Conferences, Lectures & Events (2)
- The Center of Civil Law Studies Newsletter (2)
- Arkansas Law Review (1)
- Articles & Book Chapters (1)
- Cardozo Law Review (1)
- Cleveland State Law Review (1)
- Publication Type
Articles 121 - 143 of 143
Full-Text Articles in Civil Law
Public Law In Canada, Richard Haigh
The Lawyer, The Engineer, And The Gigger: § 199a Framed As An Equitable Deduction For Middle-Class Business Owners And Gig Economy Workers, Andrew L. Snyder
The Lawyer, The Engineer, And The Gigger: § 199a Framed As An Equitable Deduction For Middle-Class Business Owners And Gig Economy Workers, Andrew L. Snyder
Fordham Journal of Corporate & Financial Law
Section 199A of the Tax Cuts and Jobs Act provides owners of noncorporate, pass-through businesses such as sole proprietorships, partnerships, and S corporations-as well as independent contractors and certain trusts-with an unprecedented deduction of up to 20 percent of "qualified business income." But the statute draws distinctions between industries and professions, thus creating inequities without a well-articulated policy rationale. Section 199A's critics have called for the provision's repeal entirely, citing efficiency and equity concerns. But Congress should not repeal section 199A or allow it to sunset in 2025. The provision can potentially provide tax relief to gig economy workers, for …
Willfulness In A Post-Robare World: Evidence Of Subjective Intent, Not Negligence Conduct, Is Needed To Show Willful Violations Of Securities Laws, Kevin Aguirre
Fordham Journal of Corporate & Financial Law
The D.C. Circuit's holding in Robare Group, Ltd., v. SEC, potentially marks the end of at least twenty years of permissive judicial interpretation of the term "willful," as found in various provisions of securities laws-including the Investment Advisers Act of 1940. Traditionally, willful violations of securities laws only required evidence that defendants were aware of their conduct, not that they knew that their conduct was unlawful. This low burden of proof operates in practice as a negligence standard. However, Robare makes a key distinction between evidence of negligent conduct and "subjectively intentional" violations under section 207 of the Advisers Act …
Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes
St. Mary's Law Journal
Abstract forthcoming.
Climate Change Disobedience, Charles R. Disalvo
Climate Change Disobedience, Charles R. Disalvo
Law Faculty Scholarship
Among those who recognize climate change as an existential threat, some are willing to take dramatic action against it by committing civil disobedience. Activists, such as those taking part in the Extinction Rebellion in the United Kingdom, are willing to exchange their liberty for some putative good. There is no discussion in the disobedience literature of the discrete purposes of climate disobedience or the principles by which climate activists ought to be guided in seeking to fulfill those purposes. This Article takes on that task. After offering an overview of the purposes of civil disobedience, this Article isolates those purposes …
Queer Sacrifice In Masterpiece Cakeshop, Jeremiah A. Ho
Queer Sacrifice In Masterpiece Cakeshop, Jeremiah A. Ho
All Faculty Scholarship
This Article interprets the Supreme Court’s 2018 decision, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, as a critical extension of Derrick Bell’s interest convergence thesis into the LGBTQ movement. Chiefly, Masterpiece reveals how the Court has been more willing to accommodate gay individuals who appear more assimilated and respectable—such as those who participated in the marriage equality decisions—than LGBTQ individuals who are less “mainstream” and whose exhibited queerness appear threatening to the heteronormative status quo. When assimilated same-sex couples sought marriage in Obergefell v. Hodges, their respectable personas facilitated the alignment between their interests to marry and the Court’s …
Smoke Screens: An Initial Analysis Of The Coronavirus Lawsuits In The United States Against China And The World Health Organization, Ana Santos Rutschman, Robert Gatter
Smoke Screens: An Initial Analysis Of The Coronavirus Lawsuits In The United States Against China And The World Health Organization, Ana Santos Rutschman, Robert Gatter
All Faculty Scholarship
In this short essay we provide a preliminary analysis of the lawsuits filed by Missouri against China, and New York against the World Health Organization over the COVID-19 pandemic. We also situate the lawsuits against the expanding coronavirus-related misinformation “epidemic.”
Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano
Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano
Touro Law Review
No abstract provided.
Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile
Criminal Usury And Its Impact On New York Business Transactions, Christopher Basile
Touro Law Review
No abstract provided.
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
Touro Law Review
No abstract provided.
Going Bare In The Law Of Assignments: When Is An Assignment Champertous?, Anthony J. Sebok
Going Bare In The Law Of Assignments: When Is An Assignment Champertous?, Anthony J. Sebok
Articles
The article critiques the legal distinction between champerty and assignment, arguing that the focus should be on the assignor's motives rather than the assignee's identity. It challenges Dr. David Capper's approach to defining "bare assignments" and proposes that assignments should not be prohibited based solely on the assignee's identity unless they facilitate abus
Internet Jurisdiction: Using Content Delivery Networks To Ascertain Intention, Patrick Lin
Internet Jurisdiction: Using Content Delivery Networks To Ascertain Intention, Patrick Lin
LL.M. Essays & Theses
Specific jurisdiction in civil litigation centers on the rather general,yet immutable, concept of intention. Although the word “intention” does not surface prominently in the personal jurisdiction case law, it is clearly intrinsic to the concept of “purposeful availment”. On the Internet, however, intention is hard to ascertain: how does a court, for example, determine whether the defendant intended that its website, application, or advertisement within a mobile application should end up in the forum state? In answering such a question, courts have historically used one of two approaches to establish intent: (i) a targeting test or (ii) a degree of …
Economic Analysis Of Jewish Law, Keith Sharfman
Economic Analysis Of Jewish Law, Keith Sharfman
Touro Law Review
No abstract provided.
Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond
Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond
Nevada Supreme Court Summaries
The Court determined that (1) the spousal exception bars recovery from the Nevada Real Estate Education, Research and Recovery Fund (“Fund”) for fraud incurred during the period of the marriage and (2) where a spouse co-owned the defrauded property, the surviving spouse may not recover from the Fund.
On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler
On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts
Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts
Loyola of Los Angeles International and Comparative Law Review
This article is concerned with the structure of repressive governance, and how it has evolved historically. It examines this theme through an exploration of the manner which repressive laws and institutions evolved in Britain over the course of the late eighteenth century. In particular, it reviews the various measures that British authorities utilized and relied upon in order to confront a growing wave of calls for social and political reforms. These included a policy of aggressive prosecutions of dissidents; the creation of new institutions such as the Home Office designed to enhance the powers of the central authorities; extralegal measures …
Confidentiality In The Courts: Privacy Protection Or Prior Restraint?, Sergio J. Campos
Confidentiality In The Courts: Privacy Protection Or Prior Restraint?, Sergio J. Campos
Articles
In civil litigation courts often deal with information that is subject to a previously imposed restraint on the ability of a court or others to use the information. Such “evidentiary prior restraints” arise most prominently in settlement agreements, which may include nondisclosure provisions that prevent information concerning the settlement from being used by parties to the agreement. But evidentiary prior restraints can also arise from prior court action, as when parties seek information subject to a protective order or sealing order made by a different court. Although evidentiary prior restraints have received great attention given recent controversies concerning sexual harassment, …
Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil
Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil
Scholarly Works
Measures of individual preferences are a key input in cost-benefit analysis. However, behavioral science has raised questions about the rationality of these preferences. The Nudge thesis relies on that scientific research to prescribe interventions to influence individual choices. However, the more modest step of limiting reliance on these preferences in evaluating non-paternalistic government policies has not been taken up. We lack a consistent theory of when public policy should defer to these preferences, with legal and policy advocates adopting ad hoc result-oriented approaches. I argue that policymakers should be prepared to override individual preferences in cases where their only plausible …
Should I Stay Or Should I Go: Student Housing, Remote Instruction, Campus Policies And Covid-19, Patricia E. Salkin, Pamela Ko
Should I Stay Or Should I Go: Student Housing, Remote Instruction, Campus Policies And Covid-19, Patricia E. Salkin, Pamela Ko
Scholarly Works
In March 2020, as the world scrambled to understand and address myriad public health and economic challenges unfolding from the novel coronavirus labeled COVID-19, higher education was forced into a tailspin. This article examines the legal and policy challenges that result from, among other issues, the congregate housing situations existing for on- and off-campus housing at colleges and universities. The legal issues demonstrate federalism at work and include; at the federal level, regulations and guidance from the White House, the Center for Disease Control (CDC) and the U.S. Department of Education; at the State level from gubernatorial executive orders, state …
An Avenue For Fairness: Disclosure-Based Compensation Schemes For Good Faith Purchasers Of Stolen Art, Caroline Harvey
An Avenue For Fairness: Disclosure-Based Compensation Schemes For Good Faith Purchasers Of Stolen Art, Caroline Harvey
Georgia Law Review
Art theft occurs regularly around the world, and each
year stolen works of art are funneled into the
international art market. While the United States boasts
the world’s largest art market, it is also home to the
biggest market of illegal art. Longstanding principles of
property law are unfavorable to unwitting good faith
purchasers of stolen art, who are often forced to return
works to true owners at great financial loss. This Note
explores the legal implications of purchasing a stolen
work of art in the United States and the equities
associated with defenses available to good faith
purchasers. In …
The Other Hobbs Act: An Old Leviathan In The Modern Administrative State, Jason N. Sigalos
The Other Hobbs Act: An Old Leviathan In The Modern Administrative State, Jason N. Sigalos
Georgia Law Review
The Hobbs Administrative Orders Review Act is a
little-known statute, one that is often mistaken for a
federal criminal statute with a similar name.
The lesser-known Hobbs Act requires aggrieved parties
to challenge certain agency orders in a federal court of
appeals within sixty days of the order’s promulgation.
However, if no party does so, are later parties bound by
a potentially unlawful agency order in subsequent
enforcement actions? The U.S. Supreme Court recently
dodged this question in PDR Network, LLC v. Carlton
& Harris Chiropractic, Inc. That case concerned a suit
between two private parties under the Telephone
Consumer …
Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett
Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett
Oklahoma Law Review
No abstract provided.
Anticipating Procedural Innovation: How And When Parties Calibrate Procedure Through Contract, Henry Allen Blair
Anticipating Procedural Innovation: How And When Parties Calibrate Procedure Through Contract, Henry Allen Blair
Oklahoma Law Review
No abstract provided.