What Would The Delegates Talk About? A Rough Agenda For A Constitutional Convention,
2010
UC Hastings College of the Law
What Would The Delegates Talk About? A Rough Agenda For A Constitutional Convention, Darien Shanske
Faculty Scholarship
No abstract provided.
Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis,
2010
UC Hastings College of the Law
Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske
Faculty Scholarship
No abstract provided.
Litigation Over Prison Medical Services,
2010
UC Hastings College of the Law
Litigation Over Prison Medical Services, Aaron J. Rappaport
Faculty Scholarship
No abstract provided.
Sentencing Reform In California,
2010
UC Hastings College of the Law
Sentencing Reform In California, Aaron J. Rappaport
Faculty Scholarship
No abstract provided.
What Would Coase Do? (About Parking Regulation),
2010
Touro Law Center
What Would Coase Do? (About Parking Regulation), Michael Lewyn
Scholarly Works
Like many government regulations, municipal minimum parking requirements exist to prevent externalities - most notably the congestion, pollution and greenhouse gas emissions that occur when motorists drive around a city searching for scarce parking. But because such regulations make parking (and thus driving) cheaper, such regulations may in fact increase congestion and pollution, thus creating, rather than reducing, externalities.
Managing Fiscal Volatility By Redefining "Tax Cuts" And "Tax Hikes",
2010
Indiana University Maurer School of Law
Managing Fiscal Volatility By Redefining "Tax Cuts" And "Tax Hikes", David Gamage, Jeremy Bearer-Friend
Articles by Maurer Faculty
This report analyzes how states should cope with fiscal volatility at the level of institutional-design policy. We propose that states reconsider how they define terms like ‘‘tax cuts’’ and ‘‘tax hikes.’’ By adopting a new baseline for defining those terms, states can increase the likelihood of using tax rate adjustments to cope with fiscal volatility rather than more harmful spending fluctuations.
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism,
2010
Louisiana State University Law Center
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken Levy
Georgia Law Review
For over a century now, American scholars(among others) have been debating the merits of "bad-Samaritan" laws-laws punishing people for failing to attempt "easy rescues." Unfortunately, the opponents of bad-Samaritan laws have mostly prevailed. In the United States, the "no-duty-to-rescue" rule dominates. Only four states even have bad-Samaritan laws, and these laws impose only the most minimal punishment-either sub-$500 fines or short-term imprisonment. This Article argues that this situation needs to be remedied. Every state should criminalize bad Samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against …
Skelos V. Paterson: The Surprisingly Strong Case For The Governor's Surprising Power To Appoint A Lieutenant Governor,
2010
Columbia Law School
Skelos V. Paterson: The Surprisingly Strong Case For The Governor's Surprising Power To Appoint A Lieutenant Governor, Richard Briffault
Faculty Scholarship
On July 8, 2009, Governor David Paterson surprised New York's legal and political world by announcing his intention to appoint Richard Ravitch to fill the vacancy in the office of lieutenant governor. No New York governor had ever appointed a lieutenant governor before. Paterson's action was widely denounced as unauthorized and unconstitutional. Four months later, observers were even more astonished when the Court of Appeals in Skelos v. Paterson upheld the governor's action. This article explains why the governor and Court of Appeals were right to conclude that the governor had statutory and constitutional authority for his action. Indeed, the …
