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14,571 full-text articles. Page 181 of 303.

Legislation's Culture, Richard K. Neumann Jr. 2016 Hofstra University School of Law

Legislation's Culture, Richard K. Neumann Jr.

West Virginia Law Review

No abstract provided.


Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin 2016 Harvard Kennedy School

Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin

University of Michigan Journal of Law Reform

Sex trafficking, a pervasive problem in many parts of the world, has become increasingly salient to policymakers and the general public. Activists, politicians, and scholars continue to engage in debates about how best to curb it. This Article discusses one especially contentious dimension of these debates: does banning prostitution reduce sex trafficking? Or is legalizing prostitution the optimal approach? Or is there a third, better way? Proceeding both theoretically and empirically, this Article seeks to cast light on the relationship between different types of prostitution laws and the prevalence of sex trafficking and human trafficking. It attempts to make three …


Shedding Light On The "Going Dark" Problem And The Encryption Debate, John Mylan Traylor 2016 University of Michigan Law School

Shedding Light On The "Going Dark" Problem And The Encryption Debate, John Mylan Traylor

University of Michigan Journal of Law Reform

In an effort to protect the enormous volume of sensitive and valuable data that travels across the Internet and is stored on personal devices, private companies have created encryption software to secure data from criminals, hackers, and terrorists who wish to steal it. The greatest benefit of encryption also creates the biggest problem: Encryption software has become so secure that often not even the government can bypass it. The “Going Dark” problem—a scenario in which the government has obtained the legal authority to search a suspected criminal’s encrypted device but lacks the technical ability to do so—is becoming increasingly common. …


From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos 2016 University of Michigan Law School

From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos

Articles

If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights activist. He was one of the founders and the president for more than two decades of the National Federation of the Blind, one of the first-and for many years undisputedly the most effective-of the organizations made up of people with disabilities that …


Qualified Residence Interest Deduction: A Win For Unmarried Co-Owners, Christine Manolakas 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Qualified Residence Interest Deduction: A Win For Unmarried Co-Owners, Christine Manolakas

Nevada Law Journal

Despite the seemingly simple language of the statute, the interpretation of the home mortgage interest deduction has recently garnered much attention as the Internal Revenue Service and the courts grappled with its application to unmarried co-owners of a residence. In determining whether the indebtedness limitations apply on a “per-residence” or “per-taxpayer” basis, the Internal Revenue Service, the Tax Court, and the Ninth Circuit have conducted in-depth analysis of the language of the statute, the statute’s legislative history, implications of related tax provisions, social and policy concerns, and financial consequences, and have consulted almost every canon of statutory interpretation. This Article …


Preambles As Guidance, Kevin M. Stack 2016 Vanderbilt University Law School

Preambles As Guidance, Kevin M. Stack

Vanderbilt Law School Faculty Publications

Debates over administrative agencies’ reliance on guidance documents have largely neglected the most authoritative source of guidance about the meaning of agency regulations: their preambles. This Article examines and defends the guidance function of preambles. Preambles were designed not only to provide the agency’s official justification for the regulations they introduce, but also to offer guidance about the regulation’s meaning and application. Today, preambles include extensive guidance ranging from interpretive commentary to application examples. Based on the place of preamble guidance as part of the agency’s formal explanation of the regulation and the rigorous internal agency vetting which accompanies that …


Proposition 51: School Bonds. Funding For K-12 School And Community College Facilities, Maral Farsi 2016 University of the Pacific, McGeorge School of Law

Proposition 51: School Bonds. Funding For K-12 School And Community College Facilities, Maral Farsi

California Initiative Review (CIR)

No abstract provided.


Proposition 58: English Proficiency. Multilingual Education. “California Education For A Global Economy Initiative”, Jamie Taylor, Lilliana Udang 2016 University of the Pacific, McGeorge School of Law

Proposition 58: English Proficiency. Multilingual Education. “California Education For A Global Economy Initiative”, Jamie Taylor, Lilliana Udang

California Initiative Review (CIR)

No abstract provided.


Formulating A District Rule And Corresponding Exam Syllabus For Certifying Sand Transportation Seafarers In Guangdong Through Comparison Of Existing District Rules, Tianshu Liu 2016 World Maritime University

Formulating A District Rule And Corresponding Exam Syllabus For Certifying Sand Transportation Seafarers In Guangdong Through Comparison Of Existing District Rules, Tianshu Liu

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.


Kain V. Department Of Environmental Protection, Sarah M. Danno 2016 Alexander Blewett III School of Law at the University of Montana

Kain V. Department Of Environmental Protection, Sarah M. Danno

Public Land & Resources Law Review

Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.


Peter Approved My Visa, But Paul Denied It, Emily Callan, JohnPaul Callan 2016 George Mason University

Peter Approved My Visa, But Paul Denied It, Emily Callan, Johnpaul Callan

DePaul Journal for Social Justice

No abstract provided.


Prison Bars On Classroom Doors, Cornelius Lee 2016 DePaul University

Prison Bars On Classroom Doors, Cornelius Lee

DePaul Journal for Social Justice

No abstract provided.


How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman 2016 DePaul University College of Law

How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman

DePaul Journal for Social Justice

No abstract provided.


What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum 2016 Golden Gate University School of Law

What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, 2016 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


Jurisdiction And Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied, Leah Litman, Luke C. Beasley 2016 University of Michigan Law School

Jurisdiction And Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied, Leah Litman, Luke C. Beasley

Articles

This Essay is about what prosecutors can do to ensure that prisoners with meritorious legal claims have a remedy. The Antiterrorism and Effective Death Penalty Act (AEDPA) imposes draconian conditions on when prisoners may file successive petitions for post-conviction review (that is, more than one petition for post-conviction review). AEDPA’s restrictions on post-conviction review are so severe that they routinely prevent prisoners with meritorious claims from vindicating those claims.


Cracking The Code: Implementing Internet Accessibility Through The Americans With Disabilities Act, Carly Schiff 2016 Benjamin N. Cardozo School of Law

Cracking The Code: Implementing Internet Accessibility Through The Americans With Disabilities Act, Carly Schiff

Cardozo Law Review

No abstract provided.


Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn 2016 Loyola University Chicago School of Law

Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn

Cardozo Law Review

After over fourteen years of continuous armed conflict, neither courts nor commentators are closer to a common understanding of how, or the extent to which, international and U.S. law interact to regulate acts of belligerency by the United States. This Article articulates and defends the first normative theory regarding the general relationship of customary international law to the U.S. legal system that fully harmonizes Supreme Court precedent. It then applies this theory to customary international laws of war to articulate the legal framework regulating the armed conflicts of the United States. It demonstrates that the relationship of customary international law …


18th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2016, Department of Attorney General, State of Rhode Island 2016 Roger Williams University

18th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2016, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner 2016 University of Georgia School of Law

Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.


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