Open Access. Powered by Scholars. Published by Universities.®

Law and Politics Commons™

Open Access. Powered by Scholars. Published by Universities.®

6,881 Full-Text Articles 5,822 Authors 7,836,071 Downloads 234 Institutions

All Articles in Law and Politics

Faceted Search

6,881 full-text articles. Page 9 of 226.

Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin Pyle 2026 Northwestern Pritzker School of Law

Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin Pyle

Northwestern University Law Review

This Article tackles a difficult legal and policy challenge— reducing the impact of criminal records on job applicants’ chances in a manner that does not spur more discrimination—by looking at how another area of law, tort liability, impacts employers’ decision-making. It uses theoretical and empirical methods to study the most common reason employers report being reluctant to hire workers with a criminal record: legal liability generated by the tort of negligent hiring. While the purpose of the tort is ostensibly to protect and make whole those harmed when an employee misbehaves in a foreseeable manner, I show that, in practice, …


The Vanishing Enforcer: Consumer Protection In An Era Of Dual Retrenchment, Alisher Juzgenbayev 2026 Northwestern Pritzker School of Law

The Vanishing Enforcer: Consumer Protection In An Era Of Dual Retrenchment, Alisher Juzgenbayev

Northwestern University Law Review

Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the White House, have significantly weakened administrative agencies. This administrative retrenchment is concerning as private enforcement of a number of consumer protection statutes has been simultaneously curtailed through the Supreme Court’s decisions in Spokeo, Inc. v. Robins and TransUnion LLC v. Ramirez, which dramatically narrowed plaintiffs’ standing. These decisions rely in part on a vision of strong executive authority, positing that broad private standing conflicts with an Article II framework where a politically accountable President faithfully implements laws …


Broadcasting Bigotry: A Proposal To Revive Group Defamation And Hold Modern Media Accountable For The Disparagement Of Asian Americans, Dominic Roschival 2026 University of Cincinnati College of Law

Broadcasting Bigotry: A Proposal To Revive Group Defamation And Hold Modern Media Accountable For The Disparagement Of Asian Americans, Dominic Roschival

University of Cincinnati Law Review

No abstract provided.


A Giving Tree Approach: Balancing Transparency And The Deliberative Process In Judicial Review, Anteo W. Chevere 2026 Villanova University Charles Widger School of Law

A Giving Tree Approach: Balancing Transparency And The Deliberative Process In Judicial Review, Anteo W. Chevere

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor 2026 Villanova University Charles Widger School of Law

Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald 2026 Villanova University Charles Widger School of Law

Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Checkmate Or Stalemate: The Epa, California, And The Future Of Waivers Under The Clean Air Act, William B. Gale 2026 Villanova University Charles Widger School of Law

Checkmate Or Stalemate: The Epa, California, And The Future Of Waivers Under The Clean Air Act, William B. Gale

Villanova Environmental Law Journal (1991 - )

No abstract provided.


We May Need To Run A Few More Tests: Artificial Intelligence In Medicine Is Here And What Should Happen If Dr. Robot Makes A Mistake, Jenna Hidalgo 2026 Penn State Dickinson Law

We May Need To Run A Few More Tests: Artificial Intelligence In Medicine Is Here And What Should Happen If Dr. Robot Makes A Mistake, Jenna Hidalgo

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Steeped In Conflict: Exploring How The United States’ Ratification Of The Icescr Could Promote International Human Rights, Particularly In The Tea Industry, Phoebe Appel 2026 Penn State Dickinson Law

Steeped In Conflict: Exploring How The United States’ Ratification Of The Icescr Could Promote International Human Rights, Particularly In The Tea Industry, Phoebe Appel

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Breaking The Cycle Of Violence: Transitional Justice For El Salvador In The Shadow Of Authoritarianism, Marsha Pimentel 2026 Penn State Dickinson Law

Breaking The Cycle Of Violence: Transitional Justice For El Salvador In The Shadow Of Authoritarianism, Marsha Pimentel

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Evolution Of Indian Bilateral Investment Treaties: Pre And Post Revision Of Model Bit, S.R. Subramanian 2026 Penn State Dickinson Law

Evolution Of Indian Bilateral Investment Treaties: Pre And Post Revision Of Model Bit, S.R. Subramanian

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Due Diligence Standard For Preventing Trans Boundary Cyber Harm: Expectation Or Obligation?, Dafina Bucaj 2026 Penn State Dickinson Law

The Due Diligence Standard For Preventing Trans Boundary Cyber Harm: Expectation Or Obligation?, Dafina Bucaj

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Foreword, 2026 Penn State Dickinson Law

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Table Of Contents, 2026 Penn State Dickinson Law

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Dedication, 2026 Penn State Dickinson Law

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Winging It: Convergence, Convivencia, And Belonging Of Latina Lawyers, Verónica C. Gonzales 2026 University of New Mexico School of Law

Winging It: Convergence, Convivencia, And Belonging Of Latina Lawyers, Verónica C. Gonzales

Fordham Law Review

No abstract provided.


"In Better Times": The Basis Of Representation And The Forgotten History Of The Fourteenth Amendment, Jessica I. Gorovitz 2026 Fordham University School of Law

"In Better Times": The Basis Of Representation And The Forgotten History Of The Fourteenth Amendment, Jessica I. Gorovitz

Fordham Law Review

Over the past several years, the U.S. Supreme Court has incorporated history into the analysis of unenumerated individual rights, like abortion, and enumerated ones, like the right to keep and bear arms. But it has not incorporated history into its approach to individual rights claims of racial discrimination under the Equal Protection Clause, a methodological gap the Court has left unexplained. Rather, it has held that the purpose of the Fourteenth Amendment is to prevent racial classifications, largely citing its own precedent, eschewing the Amendment’s history. This approach conflicts with section 2 of the Voting Rights Act, which requires states …


Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera 2026 Texas A&M University School of Law

Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera

Faculty Scholarship

The current political moment, where immigrant identity is scapegoated and academic freedom is threatened, requires an affirmation of personal identity, a recognition of personal struggle, and a celebration of resilience. This Essay embraces the ideas that professional identity development is temporal and that the current conceptualization of professionalism requires embarking on a reflection journey that addresses the dissonance between personal conscience and professional duty.   Part I briefly revisits the work of Professor Margaret E. Montoya, one of the first Chicana law professors that describes the formation of her professional identity as a law student. It explores the status of Latinas …


The Lost Origins Of Antitrust, William Magnuson 2026 Texas A&M University School of Law

The Lost Origins Of Antitrust, William Magnuson

Faculty Scholarship

Over the last decade, the once-sleepy field of antitrust has suddenly sprung to the forefront of public attention. The digitalization of the economy, the expansion of Big Tech, and the rise of platform monopolies have all raised deep questions about the nature of corporate power and law’s capacity to constrain it. Some scholars have argued that antitrust enforcement must be reinvigorated in substance and broadened in scope in order to combat rapidly rising economic inequality. Others have argued that antitrust law is ill-equipped to address these broad moral issues and instead must be re-focused on its traditional principles of consumer …


The History Of Multi-Member Commissions At The Founding, 1789-1840: New Evidence On Independent Agencies, Victoria Frances Nourse 2026 Georgetown University Law Center

The History Of Multi-Member Commissions At The Founding, 1789-1840: New Evidence On Independent Agencies, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

The executive removal power figures prominently on the Supreme Court’s current agenda. That agenda is beset, however, by a historical misunderstanding, when it comes to multi-member bodies, which too often are assumed to be modern creatures. This paper provides crucial new historical evidence showing that the Founders, indeed a who’s who list of Founders, approved and even sat on commissions in the Republic’s early years. In some cases, the Founders called these early commissions “independent,” deferred to their judgments as “final,” and demanded that the members be “impartial.” Given the vast discretion given these commissions, these characteristics are best described …


Digital Commons powered by bepress