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From Platitudes To The Passage Of The Hear Act: How Procedural Obstacles In U.S. Courts Have Prevented The Restitution Of Nazi-Expropriated Art And Congress's Efforts To Provide A Resolution, Jillian E. Meaney 2017 University of Florida Levin College of Law

From Platitudes To The Passage Of The Hear Act: How Procedural Obstacles In U.S. Courts Have Prevented The Restitution Of Nazi-Expropriated Art And Congress's Efforts To Provide A Resolution, Jillian E. Meaney

University of Florida Journal of Law & Public Policy

No abstract provided.


Don't Tax The Kids: Supporting Preschool Education Through Property Tax Exemptions, Mark A. Paige, Todd A. DeMitchell 2017 University of Massachusetts-Dartmouth

Don't Tax The Kids: Supporting Preschool Education Through Property Tax Exemptions, Mark A. Paige, Todd A. Demitchell

University of Florida Journal of Law & Public Policy

No abstract provided.


Taking Charge 2017: Satisfaction Of Residents Of Lincoln, Nebraska, Lisa M. PytlikZillig, Janell C. Walther, Jake Kawamoto 2017 University of Nebraska Public Policy Center

Taking Charge 2017: Satisfaction Of Residents Of Lincoln, Nebraska, Lisa M. Pytlikzillig, Janell C. Walther, Jake Kawamoto

Lisa PytlikZillig Publications

Between June and August of 2017, a satisfaction survey was completed by more than 1,200 randomly-selected Lincolnites (a random sample, yielding confidence intervals ranging from +/- 1-3% for the full sample, and +/- 2-8% at the district level, at the 95% confidence level1). Listed below are the main findings from that survey, including those obtained from examining the overall sample, and from comparisons among Lincoln’s four City Council Districts.

Overall Satisfaction Ratings

• On average, Lincoln residents reported greater satisfaction than dissatisfaction with most City services in 2017. The average levels of satisfaction were significantly above 3.0 (neutral) for 20 …


Aging Injunctions And The Legacy Of Institutional Reform Litigation, Jason Parkin 2017 Vanderbilt University Law School

Aging Injunctions And The Legacy Of Institutional Reform Litigation, Jason Parkin

Vanderbilt Law Review

Institutional reform litigation has been an enduring feature of the American legal system since the Supreme Court's ruling in Brown v. Board of Education. The resulting injunctions have transformed countless bureaucracies notorious for resisting change, including public school systems, housing authorities, social services agencies, correctional facilities, and police departments. But these injunctions face an uncertain future. The Supreme Court has held that institutional reform injunctions must be easier to terminate than all other injunctions issued by the federal courts. Some institutional reform injunctions go unenforced or are forgotten entirely. Others expire due to sunset provisions. At the same time, doctrinal …


A Regulatory Theory Of Legal Claims, Maria J. Glover 2017 Vanderbilt University Law School

A Regulatory Theory Of Legal Claims, Maria J. Glover

Vanderbilt Law Review

Procedural law in the United States seeks to achieve three interrelated goals in our system of litigation: efficient processes that achieve "substantive justice" and deter wrongdoing, accurate outcomes, and meaningful access to the courts. For years, however, procedural debate, particularly in the context of due process rights in class actions, has been redirected toward more conceptual questions about the nature of legal claims-are they more appropriately conceptualized as individual property or as collective goods? At stake is the extent to which relevant procedures will protect the right of individual claimants to exercise control over their claims. Those with individualistic conceptions …


Community Development Law, Economic Justice, And The Legal Academy, Peter R. Pitegoff 2017 University of Maine School of Law

Community Development Law, Economic Justice, And The Legal Academy, Peter R. Pitegoff

Faculty Publications

The evolution of community economic development (CED) over the past several decades has witnessed dramatic growth in scale and complexity. New approaches to development and related lawyering, and to philosophies underlying these approaches, challenge us to reimagine the framework of CED. From the early days of community development corporations to today’s sophisticated tools of finance and organization, this evolution reflects “why law matters” in pursuit of economic justice and opportunity. Change is visible in new approaches to enterprise development and novel grassroots initiatives that comprise a virtual “sharing economy,” as well as intensified advocacy around low-wage work and efforts to …


Commentary, 2017 University of San Diego

Commentary

California Regulatory Law Reporter

No abstract provided.


Dental Board Of California, Jena Scarborough, Bridget Fogarty Gramme 2017 University of San Diego

Dental Board Of California, Jena Scarborough, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth 2017 University of San Diego

Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme 2017 University of San Diego

Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme 2017 University of San Diego

Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme 2017 University of San Diego

Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth 2017 University of San Diego

California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme 2017 University of San Diego

State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth 2017 University of San Diego

Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, J. D. Fellmeth 2017 University of San Diego

Department Of Insurance, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Patriotic Philanthropy? Financing The State With Gifts To Government, Margaret H. Lemos, Guy-Uriel Charles 2017 Duke Law School

Patriotic Philanthropy? Financing The State With Gifts To Government, Margaret H. Lemos, Guy-Uriel Charles

Faculty Scholarship

Federal and state law prohibit government officials from accepting gifts or “emoluments” from outside sources. The purpose of gift bans, like restrictions on more explicit forms of bribery, is to protect the integrity of political processes and to ensure that decisions about public policy are made in the public interest — not to advance a private agenda. Similar considerations animate regulations on campaign funding and lobbying. Yet private entities remain free to offer gifts to government itself, to foot the bill for particular public projects they would like to see government pursue. Such gifts — dubbed “patriotic philanthropy” by one …


R. V. Safarzadeh-Markhali: Elements And Implications Of The Supreme Court's New Rigorous Approach To Construction Of Statutory Purpose, Marcus Moore 2017 Allard School of Law at the University of British Columbia

R. V. Safarzadeh-Markhali: Elements And Implications Of The Supreme Court's New Rigorous Approach To Construction Of Statutory Purpose, Marcus Moore

All Faculty Publications

The Supreme Court of Canada’s decision in Safarzadeh-Markhali holds great significance, beyond Criminal Law, in the area of Statutory Interpretation: in Markhali, the Court decisively endorses a new rigorous approach to construing legislative purpose. Previously, while legislation itself was long-interpreted utilizing rigorous approaches, legislative purpose was typically construed ad hoc while providing only summary justification. Markhali’s new framework is distinct from prior approaches in at least four ways: (1) It expressly acknowledges the critical importance of purpose construction in many cases; (2) It is conscious of how a less-than-rigorous approach risks being self-defeating of larger legal analyses in which the …


Equality Law Pluralism, Olatunde C.A. Johnson 2017 Columbia Law School

Equality Law Pluralism, Olatunde C.A. Johnson

Faculty Scholarship

This contribution to the Constance Baker Motley Symposium examines the future of civil rights reform at a time in which longstanding limitations of the antidiscrimination law framework, as well as newer pressures such as the rise of economic populism, are placing stress on the traditional antidiscrimination project. This Essay explores the openings that nevertheless remain in public law for confronting persistent forms of exclusion and makes the case for greater pluralism in equality law frameworks. In particular, this Essay examines innovations that widen the range of regulatory levers for promoting inclusion, such as competitive grants, tax incentives, contests for labor …


The Search For A Grand Unified Theory Of Tort Law., Scott Hershovitz 2017 University of Michigan Law School

The Search For A Grand Unified Theory Of Tort Law., Scott Hershovitz

Reviews

Theorists like to do a lot with a little. And not just because simple theories seem more elegant: we deepen our understanding when we learn that disparate phenomena are linked together. In physics, for example, the theory of thermodynamics showed us the relationship between mechanics and heat. In economics, the theory of the firm showed us that, across industries that look nothing alike, a simple principle helps explain the organization of economic activity. Of course, there is no guarantee that the disparate phenomena we suspect are linked actually are. Particle physicists continue to search for a Grand Unified Theory, which …


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