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The Original Public Meaning Of The Foreign Emoluments Clause: A Reply To Professor Zephyr Teachout, Seth Barrett Tillman 2013 Northwestern Pritzker School of Law

The Original Public Meaning Of The Foreign Emoluments Clause: A Reply To Professor Zephyr Teachout, Seth Barrett Tillman

NULR Online

No abstract provided.


A Swindle With Big Words And Virtues: Leiter On Dworkin And Nonsense Jurisprudence, Timothy Stostad 2013 North Carolina Central University School of Law

A Swindle With Big Words And Virtues: Leiter On Dworkin And Nonsense Jurisprudence, Timothy Stostad

North Carolina Central Law Review

No abstract provided.


Misrepresentation, Fiduciary Duty And Negligence: Investor Scores Rare Win In Deutsche Bank V Chang, Kee Yang LOW 2013 Singapore Management University

Misrepresentation, Fiduciary Duty And Negligence: Investor Scores Rare Win In Deutsche Bank V Chang, Kee Yang Low

Research Collection Yong Pung How School Of Law

Law reports of the last decade are littered with unsuccessful suits by investors against their banks for negligent or unsuitable advice. Rarely do investors succeed. This is despite the wide array of courses of action available, allowing them to sue for breaches by the bank of contractual duty (in particular, through misrepresentation), duty of care, statutory duty and fiduciary duty.


Understanding Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Benjamin Schwarcz 2013 University of Texas at Austin

Understanding Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Benjamin Schwarcz

Law & Economics Working Papers

Insurance companies are in the business of discrimination. Insurers attempt to segregate insureds into separate risk pools based on their differences in risk profiles, first, so that they can charge different premiums to the different groups based on their risk and, second, to incentivize risk reduction by insureds. This is why we let insurers discriminate. There are, however, limits to the types of discrimination we will allow insurers to engage in. But what exactly are those limits and how are they justified? To answer these questions, this Article articulates the leading fairness and efficiency arguments for and against limiting insurers’ …


The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman 2013 Pepperdine University

The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova 2013 Pepperdine University

The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise 2013 Pepperdine University

Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon 2013 Pepperdine University

There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr 2013 Pepperdine University

Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …


Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski 2013 Pepperdine University

Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Dual Standards For Third-Party Intervenors: Distinguishing Between Public-Law And Private-Law Intervention, Justin P. Gunter 2013 Vanderbilt University Law School

Dual Standards For Third-Party Intervenors: Distinguishing Between Public-Law And Private-Law Intervention, Justin P. Gunter

Vanderbilt Law Review

Courts stand as the final arbiters of many important and controversial issues in the United States. While it is the province of the judicial branch to hear "cases" and "controversies" that impact the immediate parties to a suit, many modern suits impact unrepresented parties and thus have policy implications. To describe this phenomenon, scholars use the terms "private law" and "public law." As public law gained greater prominence, commentators began to realize the need to revise the Federal Rules of Civil Procedure to facilitate this type of litigation. Historically, unrepresented parties who were affected by a suit could use the …


Property's Ends: The Publicness Of Private Law Values, Gregory S. Alexander 2013 Cornell Law School

Property's Ends: The Publicness Of Private Law Values, Gregory S. Alexander

Cornell Law Faculty Working Papers

Property theorists commonly suppose that property has as its ends certain private values, such as individual autonomy and personal security. This Article contends that property’s real end is human flourishing, that is, living a life that is as fulfilling as possible. Human flourishing, although property’s ultimate end, is neither monistic or simple. Rather, it is inclusive and comprises multiple values. Those values, the content of human flourishing, derives, at least in part, from an understanding of the sorts of beings we are ― social and political. A consequence of this conception of the human condition is that the values of …


Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark 2013 BYU Law

Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark

Faculty Scholarship

Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …


The Restatement (Second): Its Misleading Quality And A Proposal For Its Amelioration, W. Noel Keyes 2013 Pepperdine University

The Restatement (Second): Its Misleading Quality And A Proposal For Its Amelioration, W. Noel Keyes

Pepperdine Law Review

No abstract provided.


The Restatement (Second): A Tribute To Its Increasingly Advantageous Quality, And An Encouragement To Continue The Trend, John W. Wade 2013 Pepperdine University

The Restatement (Second): A Tribute To Its Increasingly Advantageous Quality, And An Encouragement To Continue The Trend, John W. Wade

Pepperdine Law Review

No abstract provided.


Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear 2013 Pepperdine University

Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear

Pepperdine Law Review

No abstract provided.


Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris 2013 Pepperdine University

Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris

Pepperdine Law Review

No abstract provided.


Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. PytlikZillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels 2013 University of Nebraska-Lincoln

Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels

Lisa PytlikZillig Publications

Regulating water resources is a critically important yet increasingly complex component of the interaction between ecology and society. Many argue that effective water regulation relies heavily upon the compliance of water users. The relevant literature suggests that, rather than relying on external motivators for individual compliance, e.g., punishments and rewards, it is preferable to focus on internal motivators, including trust in others. Although prior scholarship has resulted in contemporary institutional efforts to increase public trust, these efforts are hindered by a lack of evidence regarding the specific situations in which trust, in its various forms, most effectively increases compliance. We …


Constitutional Remedies & Public Interest Balancing, John M. Greabe 2013 University of New Hampshire School of Law

Constitutional Remedies & Public Interest Balancing, John M. Greabe

Law Faculty Scholarship

The conventional account of our remedial tradition recognizes that courts may engage in discretionary public interest balancing to withhold the specific remedies typically administered in equity. But it generally does not acknowledge that courts possess the same power with respect to the substitutionary remedies usually provided at law. The conventional account has things backwards when it comes to constitutional remedies. The modern Supreme Court frequently requires the withholding of substitutionary constitutional relief under doctrines developed to protect the perceived public interest. Yet it has treated specific relief to remedy ongoing or imminent invasions of rights as routine, at least when …


Plain Language Prospects In American Public Law: Insiders Weigh In, Brian Christopher Jones 2013 University of Stirling

Plain Language Prospects In American Public Law: Insiders Weigh In, Brian Christopher Jones

The Modern American

No abstract provided.


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