Murr V. Wisconsin And The Inherent Limits Of Regulatory Takings,
2019
College of William & Mary Law School
Murr V. Wisconsin And The Inherent Limits Of Regulatory Takings, Lydia L. Butler
Florida State University Law Review
No abstract provided.
The Dialogic Aspect Of Soft Law In International Insolvency: Discord, Digression, And Development,
2019
University of Michigan Law School
The Dialogic Aspect Of Soft Law In International Insolvency: Discord, Digression, And Development, John A. E. Pottow
Law & Economics Working Papers
Soft law is on the ascent in international insolvency, seeming now to occupy a preferred status over boring old conventions. An arguably constitutive aspect of soft law, which some contend provides a normative justification for international law generally, is its "dialogic" nature, by which I mean its intentional exposure to recursive norm contestation and iterative development: soft law starts a dialogue. The product of that dialogue, on a teleological view, may well be hard law. In the international insolvency realm, that pathway is through (soft) model domestic legislation that aspires toward enactment as municipal law. The happy story is that …
Boilerplate Indignity,
2019
University of Texas
Boilerplate Indignity, Erik Encarnacion
Indiana Law Journal
Commentators have long tried to sound the alarm about boilerplate contracts, pointing out threats ranging from the loss of privacy rights to the erosion of public law and democratic self-governance. This Article argues that this list of concerns misses something important: that imposing certain boilerplate terms on individuals is incompatible with their dignity. After explaining and defending the conception of dignity presupposed here, this Article shows how boilerplate accountability waivers—like arbitration clauses—prevent people from accessing the distinctive dignity-vindicating role of courts and degrade their status as legal persons. And because governments may legitimately protect dignity interests, proposed reforms like the …
Physical Presence Is In No Wayfair!: Addressing The Supreme Court’S Removal Of The Physical Presence Rule And The Need For Congressional Action,
2019
Penn State Dickinson Law
Physical Presence Is In No Wayfair!: Addressing The Supreme Court’S Removal Of The Physical Presence Rule And The Need For Congressional Action, Claire Shook
Dickinson Law Review (2017-Present)
The Commerce Clause of Article I grants Congress the power to regulate commerce. In the past, an entity had to have a physical presence in a state for that state to impose taxes on the entity. Due to the changing landscape of online businesses, the U.S. Supreme Court decided in South Dakota v. Wayfair in June 2018 to remove the physical presence rule as it applied to the Commerce Clause analysis of state taxation. The Wayfair decision’s ramification is that states can now impose taxes on businesses conducting sales online without having any physical presence in those states. While the …
Israeli Exception-Alism: The Nation-State Law And Its Place In The Israeli Geopolitical Zeitgeist,
2019
Loyola Marymount University and Loyola Law School
Israeli Exception-Alism: The Nation-State Law And Its Place In The Israeli Geopolitical Zeitgeist, Daniel Bral
Loyola of Los Angeles International and Comparative Law Review
Israel is no stranger to the scorn of the international community. In many respects, Israel is held to a different standard than other nations. In July 2018, that hypothesis was tested when Israel’s Knesset passed The Basic Law: Israel – The Nation State of the Jewish People. Though largely symbolic, the Law declares, inter alia, “[t]he exercise of the right to national self-determination in the State of Israel is unique to the Jewish People.” Critics lambasted the clause for allegedly violating international law by rejecting non-Jews’ right to exercise self-determination in the State of Israel. This note argues that the …
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Presence Is No Present: From "Being" To "Eating" At The Table,
2019
DePaul University College of Law: Center for Public Interest Law
Presence Is No Present: From "Being" To "Eating" At The Table, Amiel B. Harper, Esq.
DePaul Journal for Social Justice
No abstract provided.
Addressing Police Accountability & Community Safety,
2019
DePaul University College of Law: Center for Public Interest Law
Addressing Police Accountability & Community Safety, Depaul Panel
DePaul Journal for Social Justice
No abstract provided.
Welfare Reform & The Devaluation Of Women's Work,
2019
DePaul University College of Law: Center for Public Interest Law
Welfare Reform & The Devaluation Of Women's Work, Anna Kerregan
DePaul Journal for Social Justice
No abstract provided.
An Excerpt Of Iniquity: How Court Systems, Attorneys, And Legal Aid Organizations Cheated Homeowners In Foreclosure,
2019
DePaul University College of Law: Center for Public Interest Law
An Excerpt Of Iniquity: How Court Systems, Attorneys, And Legal Aid Organizations Cheated Homeowners In Foreclosure, Kelli Dudley
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents,
2019
DePaul University College of Law: Center for Public Interest Law
Table Of Contents, Depaul Journal For Social Justice
DePaul Journal for Social Justice
No abstract provided.
Introduction,
2019
American University Washington College of Law
Introduction, Ezra Rosser
Contributions to Books
This is the introduction to Holes in the Safety Net: Federalism and Poverty (Ezra Rosser ed., Cambridge University Press, 2019). The table of contents for the book, with links to the other chapters, can be found below: Introduction (this document) Ezra Rosser Part I: Welfare and Federalism Ch. 1 Federalism, Entitlement, and Punishment across the US Social Welfare State Wendy Bach Ch. 2 Laboratories of Suffering: Toward Democratic Welfare Governance Monica Bell, Andrea Taverna, Dhruv Aggarwal, and Isra Syed Ch. 3 The Difference in Being Poor in Red States versus Blue States Michele Gilman Part II: States, Federalism, and Antipoverty …
The Theoretical Foundations Of Judicial Review In Singapore,
2019
Singapore Management University
The Theoretical Foundations Of Judicial Review In Singapore, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Thetheoretical foundation of judicial review of administrative action has been thesubject of fierce debate among English scholars: the source jurisdiction ofmuch of public law in Singapore. In contrast, there is comparatively littleattention paid to the question of the particular theoretical foundations ofjudicial review in Singapore. Indeed, there is an inclination in Singapore caselaw and academia towards importing English theories of judicial review. Accordingly,this paper aims to contribute to the formulation of a proper theoreticalfoundation for judicial review in Singapore. It argues that with a proper understanding of the competing Englishtheories of judicial review, it will be apparent that they are …
The Therapist Can't See You Now: How Paid Sick Leave Policy Can Accommodate Mental Illness In The Workplace,
2019
University of Arkansas, Fayetteville
The Therapist Can't See You Now: How Paid Sick Leave Policy Can Accommodate Mental Illness In The Workplace, Maddy Goss
Arkansas Law Review
Restaurants have become the “poster child” for why employers should adopt paid sick leave. Advocates suggest that employees without access to paid sick leave often show up to work ill due to their inability to sacrifice pay. Clever protest signs read, “No Boogers in my Burger” and “No Coughing in my Coffee.” Any rational customer would not appreciate the thought of a flu-ridden chef assembling their main course. However, the benefits of paid leave legislation and policies go beyond protecting cheeseburgers from flu germs. Just as employees with the flu require time off for medical attention, employees with mental illness …
Fascism And Monopoly,
2019
University of Michigan Law School
Fascism And Monopoly, Daniel A. Crane
Law & Economics Working Papers
The recent revival of political interest in antitrust has resurfaced a longstanding debate about the role of industrial concentration and monopoly in enabling Hitler’s rise to power and the Third Reich’s wars of aggression. Proponents of stronger antitrust enforcement argue that monopolies and cartels brought the Nazis to power and warn that rising concentration in the American economy could similarly threaten democracy. Skeptics demur, observing that German big business largely opposed Hitler during the crucial years of his ascent. Drawing on business histories and archival material from the U.S. Office of Military Government’s Decartelization Unit, this Article assesses the historical …
Imaginary Bottles,
2019
University of Michigan Law School
Imaginary Bottles, Jessica Litman
Articles
This essay, written for a symposium commemorating John Perry Barlow, who died on February 7, 2018, revisits Barlow's 1994 essay for WIRED magazine, "The Economy of Ideas: A Framework for patents and copyrights in the Digital Age (everything you know about intellectual property is wrong)." Barlow observed that networked digital technology posed massive and fundamental challenges for the markets for what Barlow termed “the work we do with our minds” and for the intellectual property laws designed to shape those markets. He predicted that those challenges would melt extant intellectual property systems into a smoking heap within a decade, and …
The Fiduciary Obligations Of Public Officials,
2019
St. Mary's University School of Law
The Fiduciary Obligations Of Public Officials, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
At various levels of government, the conduct of public officials is often regulated by ethical standards laid down by legislative enactments, such as federal or state statutes or municipal ordinances. These rules of government ethics are important landmarks in the field of law that defines the legal and ethical obligations of public officials. Such provisions can form the basis for the kinds of government ethics training that helps to minimize wrongful conduct by public servants and reduces the risk that the performance of official duties will be clouded by appearances of impropriety. Codified government ethics rules also frequently provide mechanisms …
Medical Board Of California,
2019
University of San Diego
Medical Board Of California, Mason Bettencourt, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education,
2019
University of San Diego
Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care,
2019
University of San Diego
Department Of Managed Health Care, Kaitlyn Enticknap, Monet Mccord, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
