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Articles 2701 - 2730 of 4190
Full-Text Articles in Public Law and Legal Theory
Indeterminacy And The Law Of Restitution, James Steven Rogers
Indeterminacy And The Law Of Restitution, James Steven Rogers
Washington and Lee Law Review
No abstract provided.
The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor
The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor
Washington and Lee Law Review
No abstract provided.
Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter
Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter
Michigan Law Review
Political process theory, closely associated with the work of John Hart Ely and footnote four in United States v. Carolene Products, has long been a staple of constitutional law and theory. It is best known for the idea that courts may legitimately reject the decisions of a majority when the democratic process that produced the decision was unfair to a disadvantaged social group. This Article analyzes political process theory through the lens of the contemporary debate over same-sex marriage. Its analysis is grounded in state supreme court decisions on the constitutionality of barring same-sex marriage, as well as the high-profile, …
Explaining The Importance Of Public Choice For Law, D. Daniel Sokol
Explaining The Importance Of Public Choice For Law, D. Daniel Sokol
UF Law Faculty Publications
The next generation of government officials, business leaders and members of civil society likely will draw from the current pool of law school students. These students often lack a foundation of the theoretical and analytical tools necessary to understand law's interplay with government. This highlights the importance of public choice analysis. By framing issues through a public choice lens, these students will learn the dynamics of effective decision-making within various institutional settings. Filling the void of how to explain the decision-making process of institutional actors in legal settings is Public Choice Concepts and Applications in Law by Maxwell Stearns and …
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Richmond Public Interest Law Review
This paper proposes a new approach to the centuries-old question of federalism. In a word, we approach the problem offederalism from a Coasian or property-rights perspective. That is, instead of attempting to draw an arbitrary boundary line between state and federal spheres of power through traditional legal or semantic analysis of the constitution and previous judicial precedents, this paper proposes the creation of alternative 'federalism markets" in which governmental powers and functions would be allocated to Congress, the states, or even private firms through decentralized auction mechanisms and secondary markets. The paper is divided into five parts. Following a brief …
What We Make Matter, Sherman J. Clark
What We Make Matter, Sherman J. Clark
Michigan Law Review
The Michigan Law Review's Survey of Books Related to the Law provides an annual opportunity not only to consider a range of legal issues and views, but also to think about the range of ways we argue about and study the law. In this Foreword, I would like to suggest that we think not only about how we choose to argue, but also the potential consequences of those choices. When we study or argue about law and politics, we routinely and sensibly consider the possible unintended impact of particular substantive rules and policies. Here I suggest that we should attend …
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar
Sustainable Development Law & Policy
No abstract provided.
Rediscovering The Transportation Frontier: Improving Sustainability In The United States Through Passenger Rail, Benjamin J. Wickizer, Andrew Snow
Rediscovering The Transportation Frontier: Improving Sustainability In The United States Through Passenger Rail, Benjamin J. Wickizer, Andrew Snow
Sustainable Development Law & Policy
No abstract provided.
Traffic Jam Equality: Evaluating The Constitutionality Of Congestion Pricing, Christopher Hudock
Traffic Jam Equality: Evaluating The Constitutionality Of Congestion Pricing, Christopher Hudock
Sustainable Development Law & Policy
No abstract provided.
Sustainable Cities Of The Future: The Behavior Change Driver, Peter Newman
Sustainable Cities Of The Future: The Behavior Change Driver, Peter Newman
Sustainable Development Law & Policy
No abstract provided.
Enhancing Urban Albedo To Fight Climate Change And Save Energy, Elise Stull, Xiaopu Sun, Durwood Zaelke
Enhancing Urban Albedo To Fight Climate Change And Save Energy, Elise Stull, Xiaopu Sun, Durwood Zaelke
Sustainable Development Law & Policy
No abstract provided.
Introduction: Cities And Sustainability
Introduction: Cities And Sustainability
Sustainable Development Law & Policy
No abstract provided.
Environmental Deliberative Democracy And The Search For Administrative Legitimacy: A Legal, Positivism Approach, Michael Ray Harris
Environmental Deliberative Democracy And The Search For Administrative Legitimacy: A Legal, Positivism Approach, Michael Ray Harris
University of Michigan Journal of Law Reform
The failure of regulatory systems over the past two decades to lessen the environment degradation associated with modern human economic output has begun to undermine the legitimacy of environmental lawmaking in the United States and around the world. Recent scholarship suggests that reversal of this trend will require a breach of the environmental administrative apparatus by democratization of a particular kind, namely the inclusion of greater public discourse within the context of regulatory decision-making. This Article examines this claim through the lens of modern legal positivism. Legal positivism provides the tools necessary to test for and identify the specfic structural …
Plurality Of Political Opinion And The Concentration Of The Media, Maurice Stucke
Plurality Of Political Opinion And The Concentration Of The Media, Maurice Stucke
Book Chapters
No abstract provided.
Pledge Your Body For Your Bread: Welfare, Drug Testing, And The Inferior Fourth Amendment, Jordan C. Budd
Pledge Your Body For Your Bread: Welfare, Drug Testing, And The Inferior Fourth Amendment, Jordan C. Budd
Law Faculty Scholarship
Proposals to subject welfare recipients to periodic drug testing have emerged over the last three years as a significant legislative trend across the United States. Since 2007, over half of the states have considered bills requiring aid recipients to submit to invasive extraction procedures as an ongoing condition of public assistance. The vast majority of the legislation imposes testing without regard to suspected drug use, reflecting the implicit assumption that the poor are inherently predisposed to culpable conduct and thus may be subject to class-based intrusions that would be inarguably impermissible if inflicted on the less destitute. These proposals are …
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Richmond Journal of Law and the Public Interest
This paper proposes a new approach to the centuries-old question of federalism. In a word, we approach the problem offederalism from a Coasian or property-rights perspective. That is, instead of attempting to draw an arbitrary boundary line between state and federal spheres of power through traditional legal or semantic analysis of the constitution and previous judicial precedents, this paper proposes the creation of alternative 'federalism markets" in which governmental powers and functions would be allocated to Congress, the states, or even private firms through decentralized auction mechanisms and secondary markets. The paper is divided into five parts. Following a brief …
Review Of Arthur Ripstein, Force And Freedom, Andrew Botterell
Review Of Arthur Ripstein, Force And Freedom, Andrew Botterell
Law Publications
No abstract provided.
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles
UIC Law Review
No abstract provided.
The Endowment Effect In Ip Transactions: The Case Against Debiasing, Ofer Tur-Sinai
The Endowment Effect In Ip Transactions: The Case Against Debiasing, Ofer Tur-Sinai
Michigan Telecommunications & Technology Law Review
This Article contains a critical discussion of recent studies by Christopher Buccafusco and Christopher Sprigman concerning the role of the endowment effect in intellectual property transactions. According to the thesis presented in these studies, the existence of an endowment effect in the markets for IP goods causes inefficiencies. In order to counteract such inefficiencies, the authors argue, IP rights must be weakened in various ways, including shifting toward liability rules, adding formalities in copyright law, and expanding the fair use doctrine. The thesis as presented is groundbreaking and would have broad implications. This Article, however, points out several shortcomings of …
Conflict Of Norms Or Conflict Of Laws?: Different Techniques In The Fragmentation Of International Law, Ralf Michaels, Joost H.B. Pauwelyn
Conflict Of Norms Or Conflict Of Laws?: Different Techniques In The Fragmentation Of International Law, Ralf Michaels, Joost H.B. Pauwelyn
Faculty Scholarship
One of the most pressing topics in current international law is fragmentation. Traditionally, most constructive attempts to deal with fragmentation have been based on analogies what one of us, in an earlier book, called "conflicts of norms" - those rules in domestic law that deal with conflicts of norms within one legal system. In this article, we assess under what circumstances a different approach, based on an analogy to conflict of laws - those rules in domestic law that deal with conflicts of norms between different legal systems - yields a more adequate structure. The result is that public international …
Securities Class Actions As Public Law, James D. Cox
Securities Class Actions As Public Law, James D. Cox
Faculty Scholarship
The Political Economy of Fraud on the Market provides a wide-ranging criticism of and thoughtful reforms for securities class actions....However, both their critique of contemporary class actions and their model of the reforms they propose leave unexamined a good many matters relevant to both the criticism and reform of securities class actions....Bratton and Wachter earn high marks for being less passionate and much more thoughtful than others in the chorus calling for reform; indeed, their observations are among the most thoughtful to be found in this area. Nonetheless, their analysis is incomplete in many important areas, and in addition to …
From Enlightened Positivism To Cosmopolitan Justice: Obstacles And Opportunities, Steven Ratner
From Enlightened Positivism To Cosmopolitan Justice: Obstacles And Opportunities, Steven Ratner
Book Chapters
This paper explores the possibilities for linkages between various forms of positivism accepted by many international lawyers and various forms of cosmopolitanism advocated by scholars of global justice. Building on Bruno Simma's conception of "enlightened positivism," it identifies areas in which cosmopolitan trends have already seeped into the fabric of international law and the key gaps between positivist and cosmopolitan visions of international law and the international community. Emphasizing the contributions that philosophical inquiry can add to international legal scholarship, and vice-versa, it concludes with some thoughts on further integration of cosmopolitan thinking into positivist methodologies.
Irs's Recent Uncertain Tax Positions Initiative: A Tangle Of Accounting, Tax And Privilege Issues, 9 Depaul Bus. & Comm. L.J. 401 (2011), Kathryn J. Kennedy
Irs's Recent Uncertain Tax Positions Initiative: A Tangle Of Accounting, Tax And Privilege Issues, 9 Depaul Bus. & Comm. L.J. 401 (2011), Kathryn J. Kennedy
UIC Law Open Access Faculty Scholarship
Given the extremely limited source of resources available to the IRS in recent years, it's not surprising that it is exploring all sorts of avenues to increase its efficiency, particularly relying on corporate taxpayers to self report questionable tax positions. Under the banner of "corporate governance" and "transparency," the Service issued a series of proposals in 2010 requiring disclosure of uncertain tax positions ("UTPs") by corporate taxpayers. The Service essentially piggybacked on the recently imposed 2006 audit requirements that reserves be posted for contingent tax liabilities (i.e., tax positions that could later not be sustained, and therefore had to be …
The "R-Word": A Tribute To Derrick Bell, Kenneth B. Nunn
The "R-Word": A Tribute To Derrick Bell, Kenneth B. Nunn
University of Florida Journal of Law & Public Policy
No abstract provided.
Allotment Of Justice: How U.S. Policy In Indian Country Perpetuates The Victimization Of American Indians, Elise Helgesen
Allotment Of Justice: How U.S. Policy In Indian Country Perpetuates The Victimization Of American Indians, Elise Helgesen
University of Florida Journal of Law & Public Policy
No abstract provided.
Negotiating Social Mobility And Critical Citizenship: Institutions At A Crossroads, Michelle D. Deardorff, Angela Mae Kupenda
Negotiating Social Mobility And Critical Citizenship: Institutions At A Crossroads, Michelle D. Deardorff, Angela Mae Kupenda
University of Florida Journal of Law & Public Policy
No abstract provided.
The Internal Revenue Code And Latino Realities: A Critical Perspective, Leo P. Martinez, Jennifer M. Martinez
The Internal Revenue Code And Latino Realities: A Critical Perspective, Leo P. Martinez, Jennifer M. Martinez
University of Florida Journal of Law & Public Policy
No abstract provided.
Fostering Race-Related Dialogue: Lessons From A Small Seminar, Jonathan R. Cohen
Fostering Race-Related Dialogue: Lessons From A Small Seminar, Jonathan R. Cohen
University of Florida Journal of Law & Public Policy
No abstract provided.
Talking About Race And Equality, Sharon E. Rush
Talking About Race And Equality, Sharon E. Rush
University of Florida Journal of Law & Public Policy
No abstract provided.