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14,091 full-text articles. Page 361 of 438.

Enforcement Overdose: Health Care Fraud Regulation In An Era Of Overcriminalization And Overtreatment, Isaac D. Buck 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, Samantha Kopf 2014 Pace University School of Law

Avenging Revenge Porn, Samantha Kopf

The Modern American

No abstract provided.


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 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), Richard Delgado 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), Ronald Mize 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), Susan Serrano 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), Jeremiah Chin 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), Caroline Joan Picart 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, Daniel H. Foote 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, Terri R. Day, Leticia M. Diaz, Danielle Weatherby 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?, Jamie Hopkins 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, Jeffrey C. Sun, Neal H. Hutchens 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, Jamin B. Raskin 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, Jamin B. Raskin 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, Jennifer Daskal 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?, Reuven S. Avi-Yonah 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, Jody Lyneé Madeira 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, Yair Sagy 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, Marcia L. McCormick 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, Danielle Citron, Mary Anne Franks 2014 University of Miami School of Law

Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks

Articles

No abstract provided.


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