Law School: Recent submissions
Now showing items 341-360 of 1363
-
(New York University Law Review, 2017)Courts routinely begin their analyses of discrimination claims with the question of whether the plaintiff has proven he or she is a “member of the protected class.” Although this refrain may sometimes be an empty formality, ...
-
(Oregon Law Review, 2005)This Article examines the conditions under which acting as if one has a particular legal status is sufficient to secure that status in the eyes of the law. Legal determinations of common-law marriage, functional parenthood, ...
-
(Iowa Law Review, 2014)Isabella Nitti-the first woman sentenced to death in Illinois-was national news in her time. Today she is remembered (if at all) as one of the notorious "husband killers" who inspired the Broadway play Chicago. Less well ...
-
(American Journal of Legal History, 2016)One of the most remarked-upon events of the recent past is the August 2014 death of a black teenager, Michael Brown, at the hands of a white police officer, Darren Wilson, in Ferguson, Missouri. Attention initially focused ...
-
(Stanford Law Review, 2018)In 2015, the city council of Birmingham, Alabama enacted an ordinance establishing a local minimum wage of $10.10 an hour-a significant raise for the city's low-income workers from the federal floor of $7.25. The ordinance ...
-
(Journal of Personalized Medicine, 2018)Abstract: Insurance coverage policies are a major determinant of patient access to genomic tests. The objective of this study was to examine differences in coverage policies for guideline-recommended pharmacogenomic tests ...
-
(West Virginia Law Review, 2018)This essay focuses on legal strategies to expand employment and entrepreneurship opportunities for persons in recovery. The topic is vital because economic wellbeing contributes to "recovery capital" - the internal and ...
-
(Harvard Business Law Review, 2011)Like bank deposits, money market instruments function in important ways as "money." Yet our financial regulatory regime does not take this proposition seriously. The (non-government) issuers of money market instruments-almost ...
-
(Review of Banking & Financial Law, 2012)This paper approaches the shadow banking problem from a monetary point of view. It does so by means of a simple thought experiment. The aim is to strip away the inessentials so as to reveal some of the basic legal-institutional ...
-
(Regulation, 2013)There is a growing consensus that new financial reform legislation may be in order. The Dodd-Frank Act of 2010, while well-intended, is now widely viewed to be at best insufficient, at worst a costly misfire. Members of ...
-
(University of Chicago Law Review Online, 2016)In Safe Banking, Professor Adam Levitin joins a venerable tradition in the money and banking literature. That tradition, called full reserve banking, has claimed a number of illustrious supporters over the years, including ...
-
(Boston University Law Review Online, 2018)I am very grateful to the Boston University Law Review for bringing together such a terrific group of scholars to engage with my book, The Crisis of the Middle-Class Constitution: Why Economic Inequality ...
-
(University of Pennsylvania Law Review, 2018)Many patents cover inventions that do not work as described. Fingers often point to the U.S. Patent and Trademark Office (Patent Office), which is criticized for doing a poor job of examining patents. But the story is more ...
-
(Iowa Law Review, 2018)A number of states, as well as foreign jurisdictions, impose a community property regime. Under this regime, regardless of the title to property, each spouse is deemed to own a fifty percent interest in assets. When a ...
-
(Duke Law Journal, 2018)The flow of executive orders, presidential memoranda, proclamations, determinations, executive agreements, national security directives, signing statements and other pronouncements emanating from the early days of every ...
-
(Duke Law Journal, 2018)In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) ...
-
(West Virginia Law Review, 2018)Substance use disorders, which afflict nearly 8% of the U.S. population, exact a devastating human and economic toll. The opioid epidemic has caused overdose deaths to quadruple since 1999. In 2013 alone, the epidemic ...
-
(Vanderbilt Journal of Transnational Law, 2018)Proportionality functions as one of the most important legal constraints applicable to the conduct of hostilities. In that context, this short essay discusses the commonly encountered misapplications of Cicero's classic ...
-
(Texas Law Review Online, 2018)Gender and the Tournament: Reinventing Antidiscrimination Law in the Age of Inequality, by Naomi Cahn, June Carbone, and Nancy Levit, offers a new account of the glass ceiling, connecting the phenomenon with shoddy corporate ...
-
(Ohio State Journal of Criminal Law, 2018)Risk assessment — measuring an individual’s potential for offending — has long been an important aspect of criminal justice, especially in connection with sentencing, pretrial detention and police decision-making. To aid ...