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Articles 181 - 210 of 315
Full-Text Articles in Legislation
Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham
Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham
University of Richmond Law Review
No abstract provided.
Such Visible Fiction: The Expansion Of Scott V. Harris To Prisoner Eighth Amendment Excessive Force Claims, Nina Frank
Such Visible Fiction: The Expansion Of Scott V. Harris To Prisoner Eighth Amendment Excessive Force Claims, Nina Frank
Cardozo Law Review
No abstract provided.
The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan
The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan
Working Paper Series
Randy Barnett has recently argued that the individual mandate is unconstitutional because it is an improper regulation under the Necessary and Proper Clause (in conjunction with the Commerce Clause) because it improperly "commandeers" the people and thereby violates their sovereignty. In this paper, I counter that the argument from sovereignty is unavailing because it is, among other defects, hopelessly ambiguous. The variety of historically attested meanings of "sovereignty" renders the concept useless for purposes of answering questions of comparative authority, including the authority of the Congress to mandate that individuals purchase health insurance from a private market. There is no …
The Federal Common Law Of Vicarious Fiduciary Liability Under Erisa, Colleen E. Medill
The Federal Common Law Of Vicarious Fiduciary Liability Under Erisa, Colleen E. Medill
University of Michigan Journal of Law Reform
The Employee Retirement Income Security Act of 1974 ("ERISA"), the federal law that regulates employer-sponsored benefit plans, has a rich history of judiciallycreated federal common law. This Article explores the theoretical, policy, statutory, and stare decisis grounds for the development of another area offederal common law under ERISA-the incorporation of respondeat superior liability principles to impose ERISA fiduciary liability ("vicarious fiduciary liability") upon a corporation for the fiduciary activities of its employees or agents. The Article proposes that the federal courts should adopt a federal common law rule of vicarious fiduciary liability under ERISA based on the traditional scope of …
Extending Social Host Liability: Chapter 154 Seeks To Hold Adults Accountable For Serving Alcohol To Minors, Joseph Fabel
Extending Social Host Liability: Chapter 154 Seeks To Hold Adults Accountable For Serving Alcohol To Minors, Joseph Fabel
McGeorge Law Review
No abstract provided.
How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss
Richmond Journal of Law and the Public Interest
Battered women often face an uphill battle in the legal system. In the 2011 session, the Virginia General Assembly added a new tool to these women's arsenal.o An amended version of House Bill 2063 sponsored by Delegate Rob Bell (R- Albemarle) passed the House and Senate unanimously on February 26, 2011. This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love's death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further help victims of …
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
Perpetuating The Marginalization Of Latinos: A Collateral Consequence Of The Incorporation Of Immigration Law Into The Criminal Justice System, Yolanda Vazquez
Faculty Articles and Other Publications
Latinos currently represent the largest minority in the United States. In 2009, we witnessed the first Latina appointment to the United States Supreme Court. Despite these events, Latinos continue to endure racial discrimination and social marginalization in the United States. The inability of Latinos to gain political acceptance and legitimacy in the United States can be attributed to the social construct of Latinos as threats to national security and the cause of criminal activity.
Exploiting this pretense, American government, society and nationalists are able to legitimize the subordination and social marginalization of Latinos, specifically Mexicans and Central Americans, much to …
Chapter 10: Manufacturing Incentives And Green Technology, Rebekah Morrissey
Chapter 10: Manufacturing Incentives And Green Technology, Rebekah Morrissey
McGeorge Law Review
No abstract provided.
But That Is Absurd! Why Specific Absurdity Undermines Textualism, Linda Jellum
But That Is Absurd! Why Specific Absurdity Undermines Textualism, Linda Jellum
Articles
No abstract provided.
Chapter 156: A Surgical Procedure To Revive California's Crippled Electronic Service Of Process, Allan Woodworth
Chapter 156: A Surgical Procedure To Revive California's Crippled Electronic Service Of Process, Allan Woodworth
McGeorge Law Review
No abstract provided.
Expediting The Permitting Process For Desert Solar Projects, Kevin A. James
Expediting The Permitting Process For Desert Solar Projects, Kevin A. James
McGeorge Law Review
No abstract provided.
Chapter 18: Enhancing Government Transparency, Julia Devos
Chapter 18: Enhancing Government Transparency, Julia Devos
McGeorge Law Review
No abstract provided.
Chapter 64: Assisting Victims Of Elder Financial Abuse In Recovering Their Judgment Awards, Ekaterina Deaver
Chapter 64: Assisting Victims Of Elder Financial Abuse In Recovering Their Judgment Awards, Ekaterina Deaver
McGeorge Law Review
No abstract provided.
Chapter 405: The Time No Longer Needs To Fit The Crime For Dying Inmates, Kendra Bertschy
Chapter 405: The Time No Longer Needs To Fit The Crime For Dying Inmates, Kendra Bertschy
McGeorge Law Review
No abstract provided.
No Body Armor For Violent Felons: Chapter 21 Reinstates The James Guelff Act, Scott Walker
No Body Armor For Violent Felons: Chapter 21 Reinstates The James Guelff Act, Scott Walker
McGeorge Law Review
No abstract provided.
Chapter 167: Taking Court Records Management From The Stone Age To The Digital Age, Brian E. Hamilton
Chapter 167: Taking Court Records Management From The Stone Age To The Digital Age, Brian E. Hamilton
McGeorge Law Review
No abstract provided.
Chapter 48: Protecting Vulnerable Adults From Predatory Power Of Attorney Practices, Ekaterina Deaver
Chapter 48: Protecting Vulnerable Adults From Predatory Power Of Attorney Practices, Ekaterina Deaver
McGeorge Law Review
No abstract provided.
Chapter 521: Overexposed: Radiology Errors Lead To Harm From Ct Scans, Christopher Braniff
Chapter 521: Overexposed: Radiology Errors Lead To Harm From Ct Scans, Christopher Braniff
McGeorge Law Review
No abstract provided.
Chapter 25: One More Step Toward Cityhood For East Los Angeles, Brian E. Hamilton
Chapter 25: One More Step Toward Cityhood For East Los Angeles, Brian E. Hamilton
McGeorge Law Review
No abstract provided.
Chapter 19: Requiring A Carbon Monoxide Detector In Every Home, Will Melehani
Chapter 19: Requiring A Carbon Monoxide Detector In Every Home, Will Melehani
McGeorge Law Review
No abstract provided.
Chapter 30: Correcting A Drafting Error In California's Latest Dui Law, Michael Malone
Chapter 30: Correcting A Drafting Error In California's Latest Dui Law, Michael Malone
McGeorge Law Review
No abstract provided.
Chapter 5: The Bottle Bill Budget Band-Aid, Clayton S. Iii Mccarl
Chapter 5: The Bottle Bill Budget Band-Aid, Clayton S. Iii Mccarl
McGeorge Law Review
No abstract provided.
Chapter 219: Chelsea's Law, Kevin Walkow
California's Expansion Of The Homebuyers' Tax Credit Program: Economic Stimulus Or $200 Million Giveaway, Daniel S. Cucchi
California's Expansion Of The Homebuyers' Tax Credit Program: Economic Stimulus Or $200 Million Giveaway, Daniel S. Cucchi
McGeorge Law Review
No abstract provided.
Table Of Code Sections Affected, University Of The Pacific; Mcgeorge School Of Law
Table Of Code Sections Affected, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Table Of Chapter Numbers, University Of The Pacific; Mcgeorge School Of Law
Table Of Chapter Numbers, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration, Kenneth G. Coffin
Limiting Legislative Courts: Protecting Article Iii From Article I Evisceration, Kenneth G. Coffin
Barry Law Review
This article will analyze possible limitations on Congress’ Article I power, concluding that separation of powers jurisprudence offers a practical and appropriate manner in which to check Congressional overreach. Part I traces the development of Congress’ power to create Article I courts. Part II critically evaluates the Northern Pipeline opinions, ultimately finding neither Justice Brennan’s nor Justice White’s conflicting opinions satisfactory. Part III briefly discusses several possible limiting principles on Article I courts before concluding that separation of powers jurisprudence offers a meaningful and pragmatic solution to the problem. Part IV tests the practicality of this new separation of powers …
Legally Ill: Is The Federal Health Insurance Mandate Constitutional?, Josh Bolus
Legally Ill: Is The Federal Health Insurance Mandate Constitutional?, Josh Bolus
Barry Law Review
This article explores the constitutionality of the individual mandate of the health care reform bill known as the Patient Protection and Affordable Care Act, as well as the economic penalty that is assessed to those who do not meet the mandate. A brief history of prior health reform initiatives in the United States will be examined to provide a historical context for the current political debate regarding the currently instituted reforms. The legal justifications of the proponents for the mandate will be analyzed regarding their constitutionality, and the legal fate of the mandate will be examined. Lastly, this article will …
Enemy Of The People: The Need For Congress To Pass The Clean Water Restoration Act, Cathryn Henn
Enemy Of The People: The Need For Congress To Pass The Clean Water Restoration Act, Cathryn Henn
Florida A & M University Law Review
No abstract provided.
Chapter 20: The Shirt Heard 'Round The World, Colin Sullivan
Chapter 20: The Shirt Heard 'Round The World, Colin Sullivan
McGeorge Law Review
No abstract provided.