Structural Labor Rights,
2021
Boston College Law School
Structural Labor Rights, Hiba Hafiz
Michigan Law Review
American labor law was designed to ensure equal bargaining power between workers and employers. But workers’ collective power against increasingly dominant employers has disintegrated. With union density at an abysmal 6.2 percent in the private sector—a level unequaled since the Great Depression— the vast majority of workers depend only on individual negotiations with employers to lift stagnant wages and ensure upward economic mobility. But decentralized, individual bargaining is not enough. Economists and legal scholars increasingly agree that, absent regulation to protect workers’ collective rights, labor markets naturally strengthen employers’ bargaining power over workers. Existing labor and antitrust law have failed …
The Doctrine Of Clarifications,
2021
University of Michigan Law School
The Doctrine Of Clarifications, Pat Mcdonell
Michigan Law Review
Clarifications are a longstanding but little-studied concept in statutory interpretation. Most courts have found that clarifying amendments to preexisting statutes bypass retroactivity limitations. Therein lies their power. Because clarifications simply restate the law, they do not implicate the presumption against retroactivity that Landgraf v. USI Film Products embedded in civil-statute interpretation. The problem that courts have yet to address is how exactly clarifying legislation can be distinguished from legislation that substantively changes the law. What exactly is a clarification? The courts’ answers implicate many of the entrenched debates in statutory interpretation. This Note offers three primary contributions. First, it summarizes …
Egyptian Public Law Judge: Reviewing Public Economic Policies From Nationalization To Privatization,
2021
The American University in Cairo AUC
Egyptian Public Law Judge: Reviewing Public Economic Policies From Nationalization To Privatization, Omar El Menshawy
Theses and Dissertations
Do public law judges play a role in public economic policies in Egypt? Egypt has witnessed rough changes, leading to the adoption of different public economic policies. Public law judges have played a key role in these economic shifts. However, the efficacy of this role is pending on the satisfaction or dissatisfaction of the government with the courts and the judicial decisions. This paper argues that the government posses the upper hand in dealing with the judicial influence in economic issues in Egypt. The paper scrutinizes the transformation in the judicial attitude towards government economic policies. Specifically, the paper demarcates …
The Baby And The Bathwater: Reflections On The Tcja’S International Provisions,
2021
University of Michigan Law School
The Baby And The Bathwater: Reflections On The Tcja’S International Provisions, Reuven S. Avi-Yonah
Articles
In this article, the author considers how the international provisions of the Tax Cuts and Jobs Act could be improved.
Locked, Loaded, And Registered: The Feasibility And Constitutionality Of A Federal Firearms Registration System,
2021
Candidate for Juris Doctor, Notre Dame Law School, Class of 2021
Locked, Loaded, And Registered: The Feasibility And Constitutionality Of A Federal Firearms Registration System, Dylan J. Mcdonough
Notre Dame Law Review
This Note is organized as follows. Part I outlines the evolving history of federal firearm legislation and its relevance to registration. Part I also presents promising state-level (or equivalent) systems of gun registration that may inform a like federal policy. Part II establishes the Supreme Court’s Second Amendment jurisprudence and its potential application to federal firearms registration. Part III then details a lower court’s application of Supreme Court precedent to existing firearm registration laws. Finally, this Note concludes by articulating how Congress can and why it must institute a federal firearms registration system.
The Law Wants To Be Formal,
2021
Professor of Law and Chair in Jewish Law, Villanova University Charles Widger School of Law
The Law Wants To Be Formal, Chaim Saiman
Notre Dame Law Review
This Article examines the relationship between the formalism of an area of law, and whether it plays a central role in the legal system. English and American law were traditionally comprised of formalist private law doctrines. The influence of legal realism and the New Deal, however, caused these systems to diverge. While American private law was recast in realist terms, it also became less significant to the overall legal system. In its place, procedure and statutory interpretation emerged, and in turn became more formalized. Realism was never as influential in England where private law remains more formal and at the …
Antitrust Antitextualism,
2021
Frederick Paul Furth, Sr. Professor of Law, University of Michigan
Antitrust Antitextualism, Daniel A. Crane
Notre Dame Law Review
Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon: judicial disregard of the plain meaning of the statutory texts and manifest purposes of Congress. This pattern of judicial nullification is not evenly distributed: when the courts have deviated from the plain meaning or congressional purpose, they have uniformly done so to limit the reach of antitrust liability or curtail the labor exemption to the benefit of industrial interests. This phenomenon cannot be explained solely or even primarily as a tug-of-war between a progressive Congress and …
Owls In Islam And Pakistan: Loopholes And Suggestions For Conservation And Management Of This Highly Ecologically Important Niche,
2021
Islamic Research Institute, International Islamic University, Islamabad, Pakistan
Owls In Islam And Pakistan: Loopholes And Suggestions For Conservation And Management Of This Highly Ecologically Important Niche, Mubasher Hussain, Jamil Akhtar
Journal of Bioresource Management
Due to their vital ecological significance, owls drew the attention of several groups working on wildlife protection and conservation management across the globe. Hence, certain legal provisions have been articulated in the wildlife protection acts of the advanced countries to ensure full legal protection of wildlife including owls. Although there are certain laws concerning the protection of wild life in Pakistan, the specific and consistent legal provisions are still required for owl’s full protection. This article highlights a dire need of the articulation of such provisions respecting the prohibition of owl hunting on several religious, legal and ecological grounds.
Defending "Universal Vacatur" - Nationwide Injunctions For Administrative Law,
2021
Benjamin N. Cardozo School of Law
Defending "Universal Vacatur" - Nationwide Injunctions For Administrative Law, Michael E. Herz
Online Publications
The nationwide injunction has seized the imagination of courts and law professors in recent years. Not surprisingly, JOTWELL’s pages screens have given it extensive attention. Recent jots have described important work by Samuel Bray (twice), Amanda Frost (also twice), Russell Weaver, and Alan Trammell that attacks, defends, or theorizes nationwide (or “universal”) injunctions. Jack Beermann, in praising Bray and Frost, did have one complaint: “As an administrative law nut, I wish they both grappled more with the meaning of the APA’s instruction that reviewing courts should ‘hold unlawful and set aside’ unlawful agency action.” Mila Sohoni has now filled that …
A Critical Essay On A Treatise On International Development Law: A Coming Of Age,
2021
DePaul University
A Critical Essay On A Treatise On International Development Law: A Coming Of Age, Rumu Sarkar
DePaul Journal for Social Justice
No abstract provided.
A Change Must Come: The Intersection Of Intergenerational Poverty And Public Benefits,
2021
DePaul University
A Change Must Come: The Intersection Of Intergenerational Poverty And Public Benefits, Tricia Young
DePaul Journal for Social Justice
No abstract provided.
The Black Maternal Health Crisis: How To Right A Harrowing History Through Judicial And Legislative Reform,
2021
DePaul University
The Black Maternal Health Crisis: How To Right A Harrowing History Through Judicial And Legislative Reform, Melia Thompson-Dudiak
DePaul Journal for Social Justice
No abstract provided.
An Accountability Cometh: Amend 42 Usc Section 1983 And 18 Usc Sections 241, 242, Thereby Initiating A Path To Re-Imaging Peace Officers Acting Under The Color Of State Law,
2021
DePaul University
An Accountability Cometh: Amend 42 Usc Section 1983 And 18 Usc Sections 241, 242, Thereby Initiating A Path To Re-Imaging Peace Officers Acting Under The Color Of State Law, James M. Durant Iii
DePaul Journal for Social Justice
No abstract provided.
Letters To The Readers,
2021
DePaul University
Letters To The Readers, Members Of The Editorial Board
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents,
2021
DePaul University
Is Gilti Constitutional?,
2021
University of Michigan Law School
Is Gilti Constitutional?, Reuven S. Avi-Yonah
Articles
In this article, Avi-Yonah argues that the global intangible low-taxed income regime may be an unconstitutional attempt to tax the foreign-source income of foreign entities, and he offers an alternative.
The Media Students’ Perception Of Laws And Legislations Governing Journalism, And Its Relation To Media Governance: The Case Of Expected Graduates From The Yarmouk University And Middle East University,
2021
Middle East University
The Media Students’ Perception Of Laws And Legislations Governing Journalism, And Its Relation To Media Governance: The Case Of Expected Graduates From The Yarmouk University And Middle East University, Hani Al Badri
Journal of the Association of Arab Universities for Research in Higher Education مجلة اتحاد الجامعات العربية للبحوث في التعليم العالي
This study aims at identifying the degree to which the students of media schools at the Universities of Yarmouk and the university of Middle East aware of the media legislation and ethics and its association with media governance through the three dimensions; public figures defamation, verification of information and electronic crimes. The study population consisted of all media students in Jordanian public and private universities. However, the study sample consisted of students expected to graduate of (270) respondents from Yarmouk and the Middle East universities. The research found that students of media expected to graduate in the media schools at …
Letter To State Bar Of Nevada,
2021
University of the District of Columbia School of Law
Letter To State Bar Of Nevada, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Civil Disobedience In The Face Of Texas’S Abortion Ban,
2021
Washington and Lee University School of Law
Civil Disobedience In The Face Of Texas’S Abortion Ban, Alexi Pfeffer-Gillett
Scholarly Articles
This Article uses Texas’s abortion ban to demonstrate why civil disobedience is the best strategy against such private-enforcement schemes. It proceeds in three parts. Part I demonstrates that Texas’s private enforcement scheme in fact directly implicates state court officials and potentially state police forces. It then explains why bringing about the involvement of state courts and police through civil disobedience will put SB8 on constitutionally weaker ground. Part II details potential arguments against civil disobedience as a means of challenging private enforcement schemes. This Part also explains why relying on the federal government to challenge such laws will be insufficient. …
Menstruation And The Bar Exam: Model Policy And Operating Provisions,
2021
University of the District of Columbia David A Clarke School of Law
Menstruation And The Bar Exam: Model Policy And Operating Provisions, Marcy L. Karin, Margaret E. Johnson, Elizabeth B. Cooper
Menstrual Policies and the Bar
No abstract provided.
