The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures,
2016
Villanova University
The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures, Jerusha Conner, Kelly Monahan
University of Richmond Law Review
No abstract provided.
Charting The Course: Charter School Exploration In Virginia,
2016
University of Richmond School of Law
Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen
University of Richmond Law Review
No abstract provided.
The Federal Government's Usurpation Of Local Control From Public Schools: A Historical Analysis Of Politics, Law, And Reaction,
2016
Barry University School of Law
The Federal Government's Usurpation Of Local Control From Public Schools: A Historical Analysis Of Politics, Law, And Reaction, Brett Geier
Barry Law Review
No abstract provided.
Election Law Federalism,
2016
Stanford Law School
Election Law Federalism, Justin Weinstein-Tull
Michigan Law Review
This Article provides the first comprehensive account of non-Voting Rights Act federal voting laws. Section 5 of the Voting Rights Act—long the most effective voting rights law in American history—was disabled by the Supreme Court in Shelby County v. Holder. Section 2 of the Voting Rights Act is in the crosshairs. As the Supreme Court becomes more hostile to race-based antidiscrimination laws like the Voting Rights Act, Congress will turn to race-neutral, election administration-based reforms to strengthen the right to vote. Indeed, many proposals for reform post-Shelby County have taken this form. The federal laws this Article examines—the National Voter …
Democratic Dissolution: Radical Experimentation In State Takeovers Of Local Governments,
2016
UC Berkeley School of Law
Democratic Dissolution: Radical Experimentation In State Takeovers Of Local Governments, Michelle Wilde-Anderson
Fordham Urban Law Journal
While state interventions to stabilize the finances of struggling municipalities date back to the Great Depression, the current fiscal crisis has brought a startling escalation in the powers granted to state intervention authorities. Aptly observed by Abby Goodnough in The New York Times, cities and states have tried “myriad ways of righting their fiscal ships as the recession plods on,” but until very recently, “locking the mayor out of City Hall [was] generally not one of them.” In 2010 and 2011, Michigan and Rhode Island, which have been watched closely by other states, dramatically reformed their laws governing state receiverships …
Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law,
2016
Fordham University School of Law
Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg
Fordham Urban Law Journal
No abstract provided.
The Effect Of Rluipa’S Land Use Provisions On Local Governments,
2016
Cleveland-Marshall College of Law and Levin College of Urban Affairs, Cleveland State University
The Effect Of Rluipa’S Land Use Provisions On Local Governments, Alan C. Weinstein
Fordham Urban Law Journal
No abstract provided.
Rluipa: Necessary, Modest, And Under-Enforced,
2016
University of Virginia
Rluipa: Necessary, Modest, And Under-Enforced, Douglas Laycock, Luke W. Goodrich
Fordham Urban Law Journal
No abstract provided.
Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination,
2016
Benjamin N. Cardozo School of Law, Yeshiva University
Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton
Fordham Urban Law Journal
No abstract provided.
Skilling Reconsidered: The Legislative-Judicial Dynamic, Honest Services, Fraud, And The Ill-Conceived "Clean Up Government Act",
2016
Southwestern Law School
Skilling Reconsidered: The Legislative-Judicial Dynamic, Honest Services, Fraud, And The Ill-Conceived "Clean Up Government Act", J. Kelly Strader
Fordham Urban Law Journal
No abstract provided.
Introduction: Examining White Collar Crime With Trifocals,
2016
Stetson University College of Law
Introduction: Examining White Collar Crime With Trifocals, Ellen S. Podgor
Fordham Urban Law Journal
No abstract provided.
Skilling: More Blind Monks Examining The Elephant,
2016
Georgetown University Law Center
Skilling: More Blind Monks Examining The Elephant, Julie Rose O'Sullivan
Fordham Urban Law Journal
No abstract provided.
The Indefinite Deflection Of Congressional Standing,
2016
Pepperdine University
The Indefinite Deflection Of Congressional Standing, Nat Stern
Pepperdine Law Review
Recent litigation brought or threatened against the administration of President Obama has brought to prominence the question of standing by Congress or its members to sue the President for nondefense or non-enforcement of federal law. While scholars divide over the normative propriety of such suits, the Court has never issued a definitive pronouncement on their viability. Nevertheless, the Court’s rulings when the issue has arisen have displayed a distinct pattern. While the Court has not formally repudiated suits of this nature, neither has it issued a decision that hinges on the presence of congressional standing. On the contrary, the Court …
The Affordable Care Act, Experience Rating, And The Problem Of Non-Vaccination,
2016
University of Michigan Law School
The Affordable Care Act, Experience Rating, And The Problem Of Non-Vaccination, Eric Esshaki
University of Michigan Journal of Law Reform Caveat
Polio, the whooping cough, and the mumps, among many other communicable diseases, were once prevalent in communities within the developed world and killed millions of people.1 The advent of vaccinations contained or eradicated several of these diseases.2 However, these diseases still exist in the environment3 and are making a comeback in the United States.4 Their persistence is directly attributable to the rising trend among parents refusing to vaccinate their children.5 One proposed solution to this problem is to hold parents liable in tort when others are harmed by their failure to vaccinate. Another proposed solution argues that parents should pay …
U.S. Biological Quarantine: A Look At The Legal Framework,
2016
Notre Dame Law School
U.S. Biological Quarantine: A Look At The Legal Framework, Katherine T. Rooney
Journal of Legislation
Biological terrorism is a growing problem. Search and seizure protections have an on-going balancing relationship with national security that is balanced by a least restrictive means test. The Kaci Hickox case exposed the difficulty of maintaining the civil rights protections of search and seizure while combating a potentially catastrophic danger.
King V. Burwell: The Supreme Court's Missed Opportunity To Cure What Ails Chevron,
2016
Notre Dame Law School
King V. Burwell: The Supreme Court's Missed Opportunity To Cure What Ails Chevron, Vanessa L. Johnson, Marisa Finley, J. James Rohack
Journal of Legislation
The article outlines the construct of the ACA’s premium assistance tax credits, explores the legal controversies surrounding these subsidies, uses the tax subsidies cases to demonstrate the flaws in the Chevron framework, and argues that the Supreme Court should have framed its King v. Burwell analysis in a way that would have cured, rather than ignored, the ails of Chevron.
When Lenders Can Legally Provide Loans With Effective Annual Interest Rates Above 1,000 Percent, Is It Time For Congress To Consider A Federal Interest Cap On Consumer Loans?,
2016
Hofstra University
When Lenders Can Legally Provide Loans With Effective Annual Interest Rates Above 1,000 Percent, Is It Time For Congress To Consider A Federal Interest Cap On Consumer Loans?, Victor D. Lopez
Journal of Legislation
The question of whether interest rates should be regulated for the good of society has been debated by secular and religious authorities for millennia. Restrictions on the highest rate of interest allowed by law (if any) are generally set by the states. In the U.S., whether citizens are protected against unreasonably high interest rates is generally a matter for state legislatures to decide. In this article, the current laws of the 50 states and the District of Columbia are examined with regards to the issue of usury, as well as the challenges posed by federal law for states who wish …
Has The S-Corp Run Its Course? The Past Successes And Future Possibilities Of The S Corporation,
2016
Notre Dame Law School
Has The S-Corp Run Its Course? The Past Successes And Future Possibilities Of The S Corporation, David Branham
Journal of Legislation
The United States' economy has benefited greatly by providing an atmosphere where small businesses can grow in a free marketplace. The S-Corporation and its tax advantages have played a pivotal role in our strong economy. In order to ensure continued success as a part of the economy, the S-Corporation element prohibiting foreign shareholders needs to be adjusted.
Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System,
2016
Notre Dame Law School
Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo
Journal of Legislation
This note seeks to examine the tripartite relationship between legislative delegation, prosecutorial discretion, and public pressures in the context of Florida's "Stand Your Ground" regime. In the context of high profile criminal cases, a prosecutor faces significant public and political pressures that may influence her exercise of discretion in that case. Ultimately, Castillo argues that when a prosecutor succumbs to these pressures, it undermines her expertise, experience and exercise of discretion, and undercuts the legitimacy of the criminal justice system as a whole.
Justice Kennedy's Big New Idea,
2016
University of Cincinnati College of Law
Justice Kennedy's Big New Idea, Sandra F. Sperino
Faculty Articles and Other Publications
In a 2015 case, the Supreme Court held that plaintiffs could bring disparate impact claims under the Fair Housing Act (the "FHA"). In the majority opinion, Justice Kennedy relied heavily on the text and supporting case law interpreting Title VII of the Civil Rights Act ("Title VII") and the Age Discrimination in Employment Act (the "ADEA '). Without explicitly recognizing the powerful new idea he was advocating, Justice Kennedy's majority opinion radically reconceptualized federal employment discrimination jurisprudence. This new reading of Title VII and the ADEA changes both the theoretical framing of the discrimination statutes and greatly expands their scope. …
