Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment,
2014
University of Maryland Francis King Carey School of Law
Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck
Maryland Law Review
No abstract provided.
Avenging Revenge Porn,
2014
Pace University School of Law
A Perfect Storm -- The Negative Effects Of Felony Voting Laws And The Repeal Of Section 4 Of The Voting Rights Act On Minority Americans,
2014
American University Washington College of Law
A Perfect Storm -- The Negative Effects Of Felony Voting Laws And The Repeal Of Section 4 Of The Voting Rights Act On Minority Americans, Genevive Saul
The Modern American
No abstract provided.
The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014),
2014
UIC School of Law
The Trayvon Martin Trial - Two Comments And An Observation, 47 J. Marshall L. Rev. 1371 (2014), Richard Delgado
UIC Law Review
No abstract provided.
The Contemporary Assault On Ethnic Studies, 47 J. Marshall L. Rev. 1189 (2014),
2014
UIC School of Law
The Contemporary Assault On Ethnic Studies, 47 J. Marshall L. Rev. 1189 (2014), Ronald Mize
UIC Law Review
No abstract provided.
The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014),
2014
UIC School of Law
The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014), Susan Serrano
UIC Law Review
No abstract provided.
Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, 47 J. Marshall L. Rev. 1227 (2014),
2014
UIC School of Law
Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, 47 J. Marshall L. Rev. 1227 (2014), Jeremiah Chin
UIC Law Review
This paper attempts to unpack questions at the intersections of race and sovereignty by analyzing two federal court cases involving Cherokee Freedmen and citizenship: Vann v. United States DOI and Cherokee Nation v. Nash.
Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014),
2014
UIC School of Law
Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014), Caroline Joan Picart
UIC Law Review
No abstract provided.
Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform,
2014
University of Washington School of Law
Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform, Daniel H. Foote
Chapters in Books
Each of the case studies presented in this volume is an important and fascinating story in its own right. Taken together, the case studies enrich our understanding of cause lawyering and the relationship between law and social change in Japan. Despite their rather disparate subjects, the studies dovetail exceptionally well. They show numerous commonalities in the use of law to further social causes, as well as some important differences. They reveal a truly impressive level of creativity in the use of law, and they disclose several common barriers to successful litigation to promote social causes in Japan. As discussed below, …
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine,
2014
Barry University
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
Faculty Scholarship
No abstract provided.
Low-Profit Limited Liability Companies: High-Risk Tax Fad Or Legitimate Social Investment Planning Opportunity?,
2014
The American College of Financial Services
Low-Profit Limited Liability Companies: High-Risk Tax Fad Or Legitimate Social Investment Planning Opportunity?, Jamie Hopkins
Cardozo Law Review de•novo
Any entrepreneur starting a new venture will inevitably have to address issues of entity formation as well as fundamental tax and legal planning. Prior to existence of the Low-Profit Limited Liability Company, commonly referred to as the “L3C,” entrepreneurs with social objectives seeking to formalize their businesses legally were limited in choice between either nonprofit or for-profit private company structures. While each of these organizational structures has their own benefits and drawbacks, social entrepreneurs are often left without a business form designed for their unique business models. In order to address this dilemma, the L3C is designed to combine benefits …
College Students’ Online Speech: Searching For The Appropriate Standards Within First Amendment Case Principles,
2014
University of Louisville
College Students’ Online Speech: Searching For The Appropriate Standards Within First Amendment Case Principles, Jeffrey C. Sun, Neal H. Hutchens
Cardozo Law Review de•novo
College student free speech cases, particularly as applied to student online speech challenges, suffer from conflicting legal principles. This paper highlights empirically noted problems in resolving disputes between a college student’s free speech rights and a public college’s authority to maintain order and campus safety. In Part I of this paper, the authors present the established legal principles from two foundational cases addressing issues of student speech in the educational context. In Part II, the authors demonstrate how courts have used PK12 education cases and public employment cases as sources that address legal principles for college student speech cases—particularly to …
Citizens Derided: Corporate Politics In The Roberts Court,
2014
American University Washington College of Law
Citizens Derided: Corporate Politics In The Roberts Court, Jamin B. Raskin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone,
2014
American University Washington College of Law
Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin B. Raskin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention,
2014
American University Washington College of Law
Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
This Article exposes the ways in which noncustodial pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples — terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to infringe core liberty interests. Because they are preventive, not punitive, criminal law procedural protections do not apply. They have exploded largely unchecked — subject to little more than bare rationality review and negligible procedural protections — and without any coherent theory as to …
The Parallel March Of The Ginis: How Does Taxation Relate To Inequality And What Can Be Done About It?,
2014
University of Michigan Law School
The Parallel March Of The Ginis: How Does Taxation Relate To Inequality And What Can Be Done About It?, Reuven S. Avi-Yonah
Law & Economics Working Papers
The United States currently has one of the highest levels of inequality among industrialized economies. In addition, numerous scholars have shown that social mobility in the United States is significantly lower than it was in the period between 1945 and 1970, when inequality was also declining. The combination of these trends is dangerous because it risks transforming the US into a society where small elites capture most of the gains, a pattern in which growth cannot be sustained over time (Acemoglu and Robinson 2012, Zingales 2012). The level of inequality in the US after taxes and transfers are taken into …
Aborted Emotions: Regret, Relationality, And Regulation,
2014
Indiana University School of Law
Aborted Emotions: Regret, Relationality, And Regulation, Jody Lyneé Madeira
Michigan Journal of Gender & Law
Regret is a deeply contested emotion within abortion discourse. It is present in ways that we are both afraid of and afraid to talk about. Conventional pro-life and pro-choice narratives link regret to defective decision making. Both sides assert that the existence of regret reveals abortion’s harmfulness or harmlessness, generating a narrow focus on the maternal-fetal relationship and women’s “rights.” These incomplete, deeply flawed constructions mire discourse in a clash between regret and relief and exclude myriad relevant relationships. Moreover, they distort popular understandings of abortion that in turn influence women, creating cognitive dissonance and perhaps distress for those with …
A Better Defense Of Big Waiver: From James Landis To Louis Jaffe,
2014
Marquette University Law School
A Better Defense Of Big Waiver: From James Landis To Louis Jaffe, Yair Sagy
Marquette Law Review
This Article is a rejoinder to Professors David J. Barron and Todd D. Rakoff’s article, In Defense of Big Waiver, recently published in the Columbia Law Review. “Big Waiver” provisions, which figure prominently in the “No Child Left Behind” and the “Obamacare” legislation, authorize administrative agencies to displace the regulatory baseline established by Congress. Propounding a defense of big waiver statutory provisions, Barron and Rakoff ground their argument in James Landis’s seminal work, The Administrative Process. This Article shows, however, that Barron and Rakoff’s defense is misguided because it ignores Landis’s work’s focal point, the concept of administrative expertise, which …
To Count And Be Counted: A Response To Professor Levinson,
2014
Saint Louis University School of Law
To Count And Be Counted: A Response To Professor Levinson, Marcia L. Mccormick
All Faculty Scholarship
This Essay deepens the discussion Professor Levinson began in his lecture for the Richard J. Childress Memorial Lecture at SLU Law, Who Counts?. Professor Levinson explored the question of who counts as a member of the US community, and who gets to decide who counts. Inevitably, given our history of exclusion on the basis of race and sex, questions about belonging and race and sex form a central part of the current debate. Labeling a person with a race and sex presupposes the questions of what makes a person a certain race or sex? This essay explores what identity …
Criminalizing Revenge Porn,
2014
University of Miami School of Law
Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks
Articles
No abstract provided.
