Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (75)
- Legislation (74)
- State and Local Government Law (61)
- Administrative Law (53)
- Agency (44)
-
- Legal History (38)
- Law and Politics (36)
- Other Law (36)
- Constitutional Law (33)
- Law and Economics (27)
- Civil Rights and Discrimination (24)
- Civil Law (22)
- Labor and Employment Law (22)
- Social Welfare Law (22)
- International Law (21)
- Organizations Law (21)
- Securities Law (21)
- Business Organizations Law (20)
- Social and Behavioral Sciences (19)
- Courts (18)
- Criminal Law (16)
- Legal Ethics and Professional Responsibility (16)
- Rule of Law (16)
- Health Law and Policy (15)
- Jurisdiction (15)
- Litigation (15)
- Comparative and Foreign Law (14)
- Science and Technology Law (14)
- Institution
-
- University of San Diego (39)
- University of Richmond (32)
- Seattle University School of Law (30)
- University of Michigan Law School (17)
- University of Florida Levin College of Law (12)
-
- DePaul University (11)
- Singapore Management University (10)
- Touro University Jacob D. Fuchsberg Law Center (7)
- Penn State Dickinson Law (6)
- Schulich School of Law, Dalhousie University (5)
- University of Maine School of Law (5)
- Columbia Law School (4)
- University of Washington School of Law (4)
- Mitchell Hamline School of Law (3)
- Brooklyn Law School (2)
- Chicago-Kent College of Law (2)
- Duke Law (2)
- Loyola Marymount University and Loyola Law School (2)
- Marquette University Law School (2)
- Maurer School of Law: Indiana University (2)
- St. Mary's University (2)
- University of Nebraska - Lincoln (2)
- American University Washington College of Law (1)
- Bellarmine University (1)
- Concordia University St. Paul (1)
- Eastern Washington University (1)
- Emory University School of Law (1)
- Florida International University College of Law (1)
- Florida State University College of Law (1)
- Fordham University (1)
- Keyword
-
- Corporate (10)
- Law (10)
- Constitutional law (9)
- Constitution (8)
- Corporation (7)
-
- Business (6)
- Court (6)
- Privacy (6)
- AB 2138 (5)
- Criminal law (5)
- Governance (5)
- History (5)
- New york (5)
- Ownership (5)
- Regulation (5)
- Singapore (5)
- State (5)
- Supreme court (5)
- Technology (5)
- AB 544 (4)
- Coastal (4)
- Compliance (4)
- Control (4)
- Criminal procedure (4)
- Data (4)
- Depression (4)
- Due process (4)
- Economy (4)
- Federal (4)
- Federalism (4)
- Publication
-
- California Regulatory Law Reporter (39)
- Seattle University Law Review (30)
- Richmond Public Interest Law Review (29)
- DePaul Journal for Social Justice (11)
- University of Florida Journal of Law & Public Policy (11)
-
- Research Collection Yong Pung How School Of Law (10)
- Articles (7)
- Touro Law Review (7)
- Dickinson Law Review (2017-Present) (6)
- Faculty Scholarship (6)
- Ocean and Coastal Law Journal (4)
- Washington International Law Journal (4)
- Articles, Book Chapters, & Popular Press (3)
- Law & Economics Working Papers (3)
- Law Student Publications (3)
- Mitchell Hamline Law Review (3)
- University of Michigan Journal of Law Reform (3)
- Brooklyn Journal of International Law (2)
- Loyola of Los Angeles International and Comparative Law Review (2)
- Marquette Law Review (2)
- Michigan Law Review (2)
- 2019 Symposium (1)
- All Faculty Scholarship (1)
- Arkansas Law Review (1)
- Articles & Book Chapters (1)
- Articles by Maurer Faculty (1)
- Atlantic Marketing Association Proceedings (1)
- Book Chapters (1)
- Cardozo Journal of Conflict Resolution (1)
- Chicago-Kent Law Review (1)
- Publication Type
Articles 61 - 90 of 221
Full-Text Articles in Public Law and Legal Theory
Nonprofit Hospitals' Community Benefits Should Actually Benefit The Community: How Irs Reforms Can Improve The Provision Of Community Benefits, Kim Simmons
Richmond Public Interest Law Review
Policymakers and health care leaders have frequently questioned and critiqued whether nonprofit hospitals’ provision of community benefits is worth their favored tax status. While legislation and regulations have recently been enacted to address such concerns, the tax exemption standards continue to fail to promote the goals articulated in the Patient Protection and Affordable Care Act of 2010 (ACA) of reforming and improve health care delivery systems in the United States for all people. To better effectuate the purposes of the ACA, this article suggests that the Internal Revenue Service adopt minimum community benefit spending requirements that vary depending on the …
Applying The Principle Of Proportionality To The War On Terror, Waseem Ahmad Qureshi
Applying The Principle Of Proportionality To The War On Terror, Waseem Ahmad Qureshi
Richmond Public Interest Law Review
This paper aims to discuss and apply the principle of proportionality (PoP) to the War on Terror (WoT). For this, vital characteristics and conditions of the PoP will be discussed in great detail. The paper argues that notions of the “just cause,” the “reasonable hope of success,” and the “requirement of the last resort” are incorporated within the PoP. This paper also defines how the harm caused by military actions is weighed against the direct military advantage to arrive at conclusions on the proportionality or disproportionality of an attack. After discussing the theoretical grounds of the PoP, this paper tries …
Intersecting Trends In Abortion And Capital Punishment Policy, Erica Rebussini
Intersecting Trends In Abortion And Capital Punishment Policy, Erica Rebussini
Richmond Public Interest Law Review
A recent bill in Ohio brought to the forefront of the nation’s consciousness the intersection of abortion and capital punishment. The bill sought to redefine “person” to include “unborn humans,” therefore making the termination of a pregnancy the intentional killing of another person. Further, because one of Ohio’s aggravating circumstances for the imposition of capital punishment is child homicide, those who choose to have an abortion would be subject to the possibility of capital punishment. While the bill died in committee, it provides a unique lens through which to examine the intersection of the debate over abortion restrictions and capital …
Letter From The Editor, Maryann Grover
Letter From The Editor, Maryann Grover
Richmond Public Interest Law Review
No abstract provided.
Disruptive Leadership In Legal Education, Nicholas A. Mirkay, Palma Joy Strand
Disruptive Leadership In Legal Education, Nicholas A. Mirkay, Palma Joy Strand
Richmond Public Interest Law Review
Legal education and the legal profession are ripe for disruption. The crisis in legal education reflects an increasing mismatch between the limited services that the law and lawyers provide and the vast and acute societal need for legal services. The structure of academia generally and legal academia in particular, however, serves as an obstacle to the disruptive leadership that can initiate necessary adaptation. Here, we discuss our own experience with disruptive leadership and the backlash we received, as well as the risks of failing to embrace disruptive leadership in legal education going forward. “The act of leadership is not always …
Children Are Different: The Need For Reform Of Virginia's Juvenile Transfer Laws, M. Randell Scism
Children Are Different: The Need For Reform Of Virginia's Juvenile Transfer Laws, M. Randell Scism
Richmond Public Interest Law Review
In Virginia, there are three ways that a juvenile can be sent to the adult criminal justice system: discretionary waiver, certification (direct file), and mandatory waiver through transfer and certification, but they are no ways to be sent back to the juvenile criminal justice system if that would be more appropriate. Once a juvenile enters the adult criminal justice system, they are subject to more significant sentences and collateral consequences. This increased punishment is counterproductive because, as the Supreme Court recognized in Roper, Graham, and Miller, juveniles are less culpable for the crimes they commit and more likely to be …
Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Route To Brexit, Susan Rose-Ackerman
Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Route To Brexit, Susan Rose-Ackerman
Chicago-Kent Law Review
Established public law principles are under strain from the prospect of Brexit in the United Kingdom and the Trump Administration in the United States. In the United Kingdom the Parliament is playing an increasingly important role in overseeing the Government, and the judiciary is beginning to support democratic accountability in executive policymaking. In the United States, possible statutory changes and the power of the president to reshape the public administration are of concern. Although in the United States the most draconian measures will likely die with the return of the House to Democratic Party control, they may remain on the …
Board Of Pharmacy, John Lacrosse, John Mysliwiec, Bridget Fogarty Gramme
Board Of Pharmacy, John Lacrosse, John Mysliwiec, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Neglecting Nationalism, Gil Seinfeld
Neglecting Nationalism, Gil Seinfeld
Articles
Federalism is a system of government that calls for the division of power between a central authority and member states. It is designed to secure benefits that flow from centralization and from devolution, as well as benefits that accrue from a simultaneous commitment to both. A student of modern American federalism, however, might have a very different impression, for significant swaths of the case law and scholarly commentary on the subject neglect the centralizing, nationalist side of the federal balance. This claim may come as a surprise, since it is obviously the case that our national government has become immensely …
Should Automakers Be Responsible For Accidents?, Kyle D. Logue
Should Automakers Be Responsible For Accidents?, Kyle D. Logue
Articles
Motor vehicles are among the most dangerous products sold anywhere. Automobiles pose a larger risk of accidental death than any other product, except perhaps opioids. Annual autocrash deaths in the United States have not been below 30,000 since the 1940s, reaching a recent peak of roughly 40,000 in 2016. And the social cost of auto crashes goes beyond deaths. Auto-accident victims who survive often incur extraordinary medical expenses. Those crash victims whose injuries render them unable to work experience lost income. Auto accidents also cause nontrivial amounts of property damage—mostly to the automobiles themselves, but also to highways, bridges, or …
Lest Law Forget: Locke's Toleration And Religious Freedom, Stephen Holt
Lest Law Forget: Locke's Toleration And Religious Freedom, Stephen Holt
LLM Theses
The Canadian Charter of Rights and Freedoms guarantees every person in Canada freedom of conscience and religion. I contend that the concept of religious freedom was born out of a history of religious suffering and originally took the form of John Locke’s toleration of religious differences. In Big M, the first Supreme Court of Canada case that interpreted s. 2(a), Chief Justice Dickson recognized the historical context of religious freedom but also tied it to human autonomy, equality, and dignity. An examination of the cases since Big M suggests that when courts think in terms of tolerance, they accord greater …
Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua Ong
Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
Protection from Online Falsehoods andManipulation Act (Pofma), some criticised it for being too vague. Pofma contains words and phrases whose meaning is not explicitlyclear, e.g. statements that are “falseor misleading”, but does not define “misleading”. But case law gives us aclearer understanding of what “misleading” means
The High Court As De Facto Court Of Appeal: A Revisitation Of Leave Requirements In The Criminal And Family Court Jurisdictions, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
The High Court almostalways sits in its judicial capacity with a single Judge. The exceptions arelimited. This article is concerned with the expanded constitution of the HighCourt in the exercise of its criminal and family court jurisdictions, and with the opinion expressed in some recent cases that the enlarged three-judge panelof the High Court might in these contexts be viewed as a de facto Court of Appeal. Upon a contemplation of the consequencessaid to result from such occasional expansions of the court, it is suggested inthis article that the practice, while defensibly founded on practicalnecessity, should also lead to consideration …
Dental Board Of California, Helene E. Mayer, Debra Jorgensen
Dental Board Of California, Helene E. Mayer, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care, Kaitlyn Enticknap, Monet Mccord, Debra Jorgensen
Department Of Managed Health Care, Kaitlyn Enticknap, Monet Mccord, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Mason Bettencourt, Debra Jorgensen
Medical Board Of California, Mason Bettencourt, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Heather Morse, Debra Jorgensen
Board Of Registered Nursing, Heather Morse, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Kelsey Burns, Betsy Gopinath
Veterinary Medical Board, Kelsey Burns, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy, Brian Attard, Debra Jorgensen
California Board Of Accountancy, Brian Attard, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme
State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme
Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth
California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth
Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Government Funding Of Town Councils: The Role Of Private Law, Benjamin Joshua Ong
Government Funding Of Town Councils: The Role Of Private Law, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
Section 42 of theTown Councils Act (Cap 329A, 2000 Rev Ed) provides for the Government toprovide grants to Town Councils “subject to such conditions as theMinister may determine”. The imposition of such conditions can beuseful in theory. However, there is no clear mechanism by which suchconditions may be enforced. This article proposes that this lacuna befilled as follows: such conditions are to take the form of private-lawrelationships between the Government and Town Councils. After outliningthe benefits of this proposal, the article critiques the Court of Appeal’sdecision in a 2016 case which held that such private-lawrelationships cannot exist as a matter …
The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir
The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir
Seattle University Law Review
On February 1, 2019, the Seattle University Law Review held its annual symposium at the Seattle University School of Law. Each year, the Law Review hosts its symposium on a topic that is timely and meaningful. This year, privacy and data security professionals from around the globe gathered to discuss the current and future effects of the General Data Protection Regulation (GDPR) that was implemented on May 25, 2018. The articles and essays that follow this Foreword are the product of this year’s symposium.
Regulating The Gdpr: Perspectives From The United Kingdom, Hannah Mccausland
Regulating The Gdpr: Perspectives From The United Kingdom, Hannah Mccausland
Seattle University Law Review
Hannah McCausland leads the international group at the UK Information Commissioner’s Office (ICO). The ICO’s International Engagement functions as the gateway to other data protection and privacy authorities on international matters. She’s involved in the work of the EU European Data Protection Board advising the commissioner and the deputy commissioner on international positioning of the ICO, and she has played a key role over the past six years in the ICO’s strategy on navigating the EU’s data protection framework. Hannah has also played a major role at the global level and advancing the practical tools that data protection and privacy …
Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben
Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben
Seattle University Law Review
Can we live in a free society without personal privacy? The question is worth pondering, not only in light of the ongoing debate about government surveillance of private communications, but also because new technologies continue to erode the boundaries of our personal space. This Article examines our loss of freedom in a variety of disparate contexts, all connected by the thread of erosion of personal privacy. In the scenarios explored here, privacy reducing activities vary from government surveillance, personal stalking conducted by individuals, and profiling by data-driven corporations, to political actors manipulating social media platforms. In each case, new technologies …
Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett
Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett
Seattle University Law Review
In scope, ambition, and animating philosophy, U.S. privacy law and Europe’s General Data Protection Regulation are almost diametric opposites. The GDPR’s ambitious individual rights, significant prohibitions, substantive enforcement regime, and broad applicability contrast vividly with a scattershot U.S. regime that generally prioritizes facilitating commerce over protecting individuals, and which has created perverse incentives for industry through anemic enforcement of the few meaningful limitations that do exist. A privacy law that characterizes data collectors as information fiduciaries could coalesce with the commercial focus of U.S. law, while emulating the GDPR’s laudable normative objectives and fortifying U.S. consumer privacy law with a …