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4,719 full-text articles. Page 142 of 178.

The Plain Language Court, David A. Strauss 2016 The University of Chicago

The Plain Language Court, David A. Strauss

Cardozo Law Review

The Roberts Court, under Chief Justice John Roberts, has demonstrated a strong and consistent commitment to the plain language approach in statutory interpretation. This approach emphasizes interpreting statutes based on their literal text, often without considering legislative history or broader statutory purposes. The Court's decision in Milner v. Department of the Navy exemplifies this trend, where the Court adhered to the plain language of the Freedom of Information Act (FOIA) despite significant policy concerns. This approach has become more unanimous among the justices, reflecting a shift from earlier Courts that were more divided on this method.


A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, Shamala Florant 2016 Florant Law Group, LLC

A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, Shamala Florant

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Dashboard Compliance: Benefit, Threat, Or Both?, James Fanto 2016 Brooklyn Law School

Dashboard Compliance: Benefit, Threat, Or Both?, James Fanto

Brooklyn Journal of Corporate, Financial & Commercial Law

This Article poses the basic question that is reflected in its title and that was the subject of the conference where the Article was initially presented: whether technology poses any threats to the mission of compliance and the position of compliance officers, whether it is just another useful tool for them, or whether it is something of both. It begins by explaining the origin of compliance in broker-dealers and investment advisers and its important current position in those firms. It then discusses why compliance officers have always been drawn to technology, particularly to keep up with the business sides of …


Mandatory Third Party Compliance Examinations For Investment Advisers: An Sec Waterloo?, Mercer Bullard 2016 Brooklyn Law School

Mandatory Third Party Compliance Examinations For Investment Advisers: An Sec Waterloo?, Mercer Bullard

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission (SEC or Commission) appears to be on the verge of requiring investment advisers to undergo third party examinations. One justification for the rulemaking is that the Commission lacks sufficient resources to examine advisers frequently enough. Another is to create indirectly a self-regulatory organization (SRO) for investments advisers. Both may leave a rulemaking particularly vulnerable to challenge as arbitrary and capricious under the Administrative Procedures Act. This Article considers three novel grounds on which a rulemaking may be successfully challenged. Congress has repeatedly rejected SEC requests to provide additional funding for examinations or to create an …


The Question Concerning Technology In Compliance, Sean J. Griffith 2016 Brooklyn Law School

The Question Concerning Technology In Compliance, Sean J. Griffith

Brooklyn Journal of Corporate, Financial & Commercial Law

In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.


Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon 2016 Brooklyn Law School

Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon

Brooklyn Journal of Corporate, Financial & Commercial Law

Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …


Preserving Human Agency In Automated Compliance, Onnig H. Dombalagian 2016 Brooklyn Law School

Preserving Human Agency In Automated Compliance, Onnig H. Dombalagian

Brooklyn Journal of Corporate, Financial & Commercial Law

As technology transforms financial services, so too must it transform the regulation of financial markets and intermediaries. The imperative of real-time, prophylactic regulation increasingly compels reallocation of regulatory and compliance budgets to surveillance and enforcement technology. At the same time, in light of the well-known weaknesses of automated systems, securities firms (and their regulators) must temper investment in automation with efforts to augment the agency of compliance professionals. This symposium contribution considers how investment in the professional development of compliance personnel can better integrate automated tools within established compliance and supervisory structures and thereby advance regulatory and operational objectives.


The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi 2016 Brooklyn Law School

The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission (SEC) plays an extremely important role within the securities industry—it oversees the financial markets, protects consumers, and maintains market efficiency. One of the most important (and recently one of most criticized) responsibilities of the SEC is its duty to enforce the securities laws and punish violators. During the past two decades, and especially after the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the SEC’s Division of Enforcement has grown substantially and has utilized administrative enforcement proceedings at an increasing rate. However; this utilization has been occurring without any substantial …


Understanding Wellness International Network, Ltd. V. Sharif: The Problems With Allowing Parties To Impliedly Consent To Bankruptcy Court Adjudication Of Stern Claims, Elizabeth Jackson 2016 Brooklyn Law School

Understanding Wellness International Network, Ltd. V. Sharif: The Problems With Allowing Parties To Impliedly Consent To Bankruptcy Court Adjudication Of Stern Claims, Elizabeth Jackson

Brooklyn Journal of Corporate, Financial & Commercial Law

The 2011 Supreme Court case Stern v. Marshall defined which claims bankruptcy courts had the authority to adjudicate, but it’s complicated holding left lower courts perplexed. Specifically, the Stern decision created “Stern claims”—claims that bankruptcy courts have the statutory, but not the constitutional, authority to adjudicate. Subsequent cases, such as Executive Benefits Insurance Agency v. Arkison and Wellness International Network, Ltd. v. Sharif, have grappled with whether Stern claims should be treated as “core” claims, which bankruptcy courts can enter final judgments on, or “non-core” claims, which bankruptcy courts can only enter final judgments on if the litigating parties consent. …


Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber 2016 Brooklyn Law School

Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber

Brooklyn Journal of Corporate, Financial & Commercial Law

Historically, bankruptcy attorneys received the short end of the stick and were paid less for their services than attorneys in other fields of law. With the Bankruptcy Reform Act of 1978, Congress attempted to reduce the discrepancy in compensation. However, after the Supreme Court’s decision in Baker Botts v. ASARCO; L.L.C., the playing field remains unequal for bankruptcy attorneys. Following this decision, if a debtor disputes their attorney’s fee application, attorneys are at a disadvantage and cannot recover fees for defending their fee application. As a result, bankruptcy attorneys take an effective pay cut if they are faced with a …


Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer 2016 University of Georgia School of Law

Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer

Georgia Journal of International & Comparative Law

No abstract provided.


Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent 2016 William & Mary Law School

Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

No abstract provided.


Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo 2016 Christian Science Monitor

Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo

Media Collection

No abstract provided.


No.37 - November 2016, Center of Civil Law Studies 2016 Louisiana State University Law Center

No.37 - November 2016, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith 2016 University of Miami Law School

No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith

University of Miami Law Review

Pimps and johns who sexually exploit children garner instant public and scholarly outrage for their lust for a destructive “quick fix.” In actuality, many justifiably concerned scholars, policymakers, and members of the public continue to react over-simplistically and reflexively to the issue of child sex trafficking in the United States—also known as commercial sexual exploitation of children (CSEC)—in a manner intellectually akin to immediate gratification. Further, research reveals that the average john is an employed, married male of any given race or ethnicity, suggesting that over-simplification and knee-jerk thinking on CSEC are conspicuous. This Article raises provocative questions that too …


Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa 2016 Roger Williams University School of Law

Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa

Law School Blogs

No abstract provided.


Cover, Masthead & Contents, 2016 Louisiana State University Law Center

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


The Constitution As Code: Teaching Justinian’S Corpus,Scalia’S Constitution, And François Gény, Louisiana Andbeyond—Par La Constitution, Mais Au-Delà De La Constitution, Paul R. Baier 2016 Louisiana State University Law Center

The Constitution As Code: Teaching Justinian’S Corpus,Scalia’S Constitution, And François Gény, Louisiana Andbeyond—Par La Constitution, Mais Au-Delà De La Constitution, Paul R. Baier

Journal of Civil Law Studies

No abstract provided.


Postscript To The Constitution As Code By Paul R. Baier, Nicholas Kasirer 2016 Louisiana State University Law Center

Postscript To The Constitution As Code By Paul R. Baier, Nicholas Kasirer

Journal of Civil Law Studies

No abstract provided.


The Duty Of Good Faith Taken To A New Level:An Analysis Of Disloyal Behavior, Thiago Luís Sombra 2016 Louisiana State University Law Center

The Duty Of Good Faith Taken To A New Level:An Analysis Of Disloyal Behavior, Thiago Luís Sombra

Journal of Civil Law Studies

By focusing on improving the role of certain mechanisms for controlling private autonomy under a crisis of liberal values, contract law has reached an objective and straight dimension. The prohibition of disloyal or inconsistent behavior, also known as venire contra factum proprium in Roman Law, constitutes one of the concepts that is renowned for protecting the trust relationship. The prohibition of disloyal behavior lies in avoiding contradictory behaviors regarding previous manifestations of will that are based on good faith and that can cause damages. This article aims to challenge the main reason why disloyal behavior should be limited by good …


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