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10,876 full-text articles. Page 8 of 206.

Due Process, Private Nondelegation Doctrine, And The Regulation Of Sports Betting, Ryan M. Rodenberg 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Due Process, Private Nondelegation Doctrine, And The Regulation Of Sports Betting, Ryan M. Rodenberg

UNLV Gaming Law Journal

No abstract provided.


A New Strategy For Regulating Arbitration, Sarath Sanga 2019 Northwestern Pritzker School of Law

A New Strategy For Regulating Arbitration, Sarath Sanga

Northwestern University Law Review

Confidential arbitration is a standard precondition to employment. But confidential arbitration prevents a state from ensuring or even knowing whether employees’ economic, civil, and due process rights are respected. Further, employers regularly require employees to waive rights to class proceedings (thereby foreclosing small claims) and to arbitrate under the laws of another jurisdiction (thereby evading mandatory state law). In response, states have tried to regulate arbitration provisions, arbitral awards, and arbitral processes. But these efforts have all failed because the Supreme Court says they are preempted by the Federal Arbitration Act.

In this Article, I argue that states can and ...


The Workers' Constitution, Luke Norris 2019 University of Richmond School of Law

The Workers' Constitution, Luke Norris

Fordham Law Review

This Article argues that the National Labor Relations Act of 1935, Social Security Act of 1935, and Fair Labor Standards Act of 1938 should be understood as a “workers’ constitution.” The Article tells the history of how a connected wave of social movements responded to the insecurity that wage earners faced after the Industrial Revolution and Great Depression by working with government officials to bring about federal collective bargaining rights, wage and hour legislation, and social security legislation. It argues that the statutes are tied together as a set of “small c” constitutional commitments in both their histories and theory ...


Constituencies And Control In Statutory Drafting: Interviews With Government Tax Counsels, Shu-Yi Oei, Leigh Osofsky 2019 Boston College Law School

Constituencies And Control In Statutory Drafting: Interviews With Government Tax Counsels, Shu-Yi Oei, Leigh Osofsky

Boston College Law School Faculty Papers

Tax statutes have long been derided as convoluted and unreadable. But there is little existing research about drafting practices that helps us contextualize such critiques. In this Article, we conduct the first in-depth empirical examination of how tax law drafting and formulation decisions are made. We report findings from interviews with government counsels who participated in the tax legislative process over the past four decades. Our interviews revealed that tax legislation drafting decisions are both targeted to and controlled by experts. Most counsels did not consider statutory formulation or readability important, as long as substantive meaning was accurate. Many held ...


In Memoriam: M. Cherif Bassiouni, Leonard Cavise 2019 DePaul University College of Law

In Memoriam: M. Cherif Bassiouni, Leonard Cavise

DePaul Journal for Social Justice

No abstract provided.


The The: The Definit(Iv)E Article On Idea, Mark C. Weber 2019 DePaul University College of Law

The The: The Definit(Iv)E Article On Idea, Mark C. Weber

DePaul Journal for Social Justice

No abstract provided.


The Holy See's Compliance With The United Nations Convention On The Rights Of The Child, Kaleigh McManus 2019 DePaul University College of Law

The Holy See's Compliance With The United Nations Convention On The Rights Of The Child, Kaleigh Mcmanus

DePaul Journal for Social Justice

In recent years, the Holy See has been called upon to address the systematic and epidemic clerical child sexual abuse that has affected children worldwide. However, in spite of the egregious human rights violations that have occurred under the auspices of the Vatican, the Holy See continues to prioritize protection of church’s reputation and impunity of the perpetrators. Policies such as priest shifting and interference with civil investigations have allowed sexual abuse of children to continue. Thus, the Holy See is not in compliance with its legal obligations under the Convention on the Rights of the Child to act ...


The Color Of Power: How Local Control Over The Siting Of Affordable Housing Shapes America, Kate Walz, Patricia Fron 2019 Sargent Shriver National Center on Poverty Law

The Color Of Power: How Local Control Over The Siting Of Affordable Housing Shapes America, Kate Walz, Patricia Fron

DePaul Journal for Social Justice

Some cities, such as Chicago, have power structures that allow hyperlocal control over the siting of affordable housing—and maintain racial segregation of residential housing as a result. Advocates can push for structural changes that can curb this power and reduce racial segregation. These changes include citywide comprehensive planning, racial equity impact assessments, an overhaul of the zoning process grounded in racial equity, and a comprehensive education campaign to address the city’s long history of segregation and the city’s duty to proactively address it.


Enough Is Enough: Congressional Solutions To Curb Gun Violence In America's K-12 Schools, Michael V. McQuiller 2019 DePaul University

Enough Is Enough: Congressional Solutions To Curb Gun Violence In America's K-12 Schools, Michael V. Mcquiller

DePaul Journal for Social Justice

Almost two decades after the massacre at Columbine High School, shootings at our nation’s K-12 schools have become the new normal. More than 350 incidents of gunfire on school campuses have occurred in just the past five years. These have occurred with two federal laws on the books aimed to keep guns away from school campuses. This Article analyzes the Constitution’s Article I provisions, as well as Bill of Rights limitations, that allow Congress to pursue solutions to this epidemic of violence. It also proposes three proactive solutions that could reduce the likelihood of and limit the damage ...


Table Of Contents, 2019 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


Too Plain To Be Misunderstood: Sovereign Immunity Under The Arkansas Constitution, Robert C. Dalby 2019 University of Arkansas, Fayetteville

Too Plain To Be Misunderstood: Sovereign Immunity Under The Arkansas Constitution, Robert C. Dalby

Arkansas Law Review

The framers of the constitution certainly knew that instances of hardship would result from the prohibition of suits against the State, but they nevertheless elected to write that immunity into the constitution. The language is too plain to be misunderstood, and it is our duty to give effect to it. Given the fluid nature of the law, time is often the greatest enemy of clarity in court precedent. From law students to experienced judges, anyone who has tried to research the doctrine of sovereign immunity under the Arkansas Constitution has surely struggled with that enemy as they sift through the ...


Medical Marijuana In Arkansas: The Risks Of Rushed Drafting, Carol Goforth, Robyn Goforth 2019 University of Arkansas, Fayetteville

Medical Marijuana In Arkansas: The Risks Of Rushed Drafting, Carol Goforth, Robyn Goforth

Arkansas Law Review

Arkansas voters passed the Arkansas Medical Marijuana Amendment to the state constitution in late 2016. Almost certainly, the vast majority of voters did so without reading or understanding the intricacies of the initiative, and instead voted simply to affirm their desire to permit the medical use of marijuana in the state. Among many other provisions, the amendment imposed a 120 day time limit (later extended by the Arkansas legislature to 180 days) within which the Arkansas Department of Health and other agencies were to adopt rules implementing the voter mandate. While six months might seem like plenty of time in ...


Berle X: Berle And His World: An Homage To William W. Bratton, Charles R. T. O'Kelley 2019 Seattle University School of Law

Berle X: Berle And His World: An Homage To William W. Bratton, Charles R. T. O'Kelley

Seattle University Law Review

An introduction to the Berle X symposium, honoring William W. (Bill) Bratton.


Looking Forward In A Failing World: Adolf A. Berle, Jr., The United States, And Global Order In The Interwar Years, Jessica Wang 2019 Seattle University School of Law

Looking Forward In A Failing World: Adolf A. Berle, Jr., The United States, And Global Order In The Interwar Years, Jessica Wang

Seattle University Law Review

This essay explores Berle’s understanding of American power and its relationship to global order in the era between the First and Second World Wars. I first survey the history of progressive internationalism in the 1920s in order to situate Berle’s approach to U.S. foreign relations and global affairs, before proceeding to a close examination of Berle’s immediate response to the aftermath of World War I, and then his foreign policy activities as part of the Roosevelt administration in the late 1930s and early 1940s. My analysis focuses in particular on his public efforts to promote a ...


Democracy In America At Work: The History Of Labor’S Vote In Corporate Governance, Ewan McGaughey 2019 Seattle University School of Law

Democracy In America At Work: The History Of Labor’S Vote In Corporate Governance, Ewan Mcgaughey

Seattle University Law Review

Can there be democracy in America at work? The historical division between democracy in politics and hierarchy in the economy is under strain. Hierarchical interests in the economy are shifting their model of power into politics, and yet a commitment to revive the law is resurgent. Central examples are the proposed Accountable Capitalism Act, Reward Work Act, Workplace Democracy Acts, and Employees’ Pension Security Acts. They would create a right for employees to elect 40% of directors on $1 billion company boards, a right for employees to elect one-third of directors on other listed company boards and require one-half employee ...


“In Time Of Stress, A Civilization Pauses To Take Stock Of Itself”: Adolf A. Berle And The Modern Corporation From The New Era To 1933, Mark Hendrickson 2019 Seattle University School of Law

“In Time Of Stress, A Civilization Pauses To Take Stock Of Itself”: Adolf A. Berle And The Modern Corporation From The New Era To 1933, Mark Hendrickson

Seattle University Law Review

This Article demonstrates three things. First, an examination of Berle’s work and thinking in this critical period reveals the ways in which public problems and the need to “know capitalism,” to borrow a phrase from Mary Furner, converged in the post-WWI era in remarkable and unprecedented ways that would shape New Deal and post-New Deal politics and policy. Berle’s gift for synthesizing evidence and constructing narratives that explained complex events were particularly well suited to this era that prized the expert. Second, identifying a problem and developing a persuasive narrative is one thing, but finding solutions is another ...


The Rise And Fall (?) Of The Berle–Means Corporation, Brian R. Cheffins 2019 Seattle University School of Law

The Rise And Fall (?) Of The Berle–Means Corporation, Brian R. Cheffins

Seattle University Law Review

This Article forms part of the proceedings of the 10th Annual Berle Symposium (2018), which focused on Adolf Berle and the world he influenced. He and Gardiner Means documented in The Modern Corporation and Private Property (1932) what they said was a separation of ownership and control in major American business enterprises. Berle and Means became sufficiently closely associated with the separation of ownership and control pattern for the large American public firm to be christened subsequently the “Berle–Means corporation.” This Article focuses on the “rise” of the Berle–Means corporation, considering in so doing why ownership became divorced ...


Berle And Corporation Finance: Everything Old Is New Again, Frank Partnoy 2019 Seattle University School of Law

Berle And Corporation Finance: Everything Old Is New Again, Frank Partnoy

Seattle University Law Review

In this essay, I want to illustrate how Adolf A. Berle Jr.’s Studies in the Law of Corporation Finance1 was prescient about the kinds of financial innovation that are central to today’s markets. For scholars who are not familiar with this publication, Corporation Finance is a compilation of edited versions of several of Berle’s articles, along with some new material, most of which is focused on 1920s corporate practice. My primary goal here is simply to shine a light on this work and to memorialize for scholars the key passages that echo many of today’s challenges ...


Merrick Dodd And The Great Depression: A Few Historical Corrections, Charles R. T. O'Kelley 2019 Seattle University School of Law

Merrick Dodd And The Great Depression: A Few Historical Corrections, Charles R. T. O'Kelley

Seattle University Law Review

Merrick Dodd is remembered primarily for his role as coprotagonist, with Adolf Berle, in the famous Berle–Dodd debate. Dodd’s contribution to that debate—For Whom are Corporate Managers Trustees?—has generally been interpreted as the inspiration for modern stakeholder theory. Berle’s contribution has generally been viewed as the foundation on which shareholder primacy rests. Both of these views have been clarified by the nuanced work of Bratton and Wachter. Oddly, while scholars have devoted a great deal of attention to Berle’s actual life story, there is almost no scholarship that sheds light on Merrick Dodd, the ...


Corporate Lessons For Public Governance: The Origins And Activities Of The National Budget Committee, 1919–1923, Jesse Tarbert 2019 Seattle University School of Law

Corporate Lessons For Public Governance: The Origins And Activities Of The National Budget Committee, 1919–1923, Jesse Tarbert

Seattle University Law Review

There is a peculiar disconnect between the way specialists view the 1920s and the way the decade is understood by non-specialists and the general public. Casual observers tend to view the 1920s as a conservative or reactionary interlude between the watershed reform periods of the Progressive Era and New Deal. Although many scholars have abandoned the traditional view of the 1920s, their work has not yet penetrated the generalizations of non-specialists. Even readers familiar with specialist accounts portraying the New Era as the age of “corporate liberalism” or the “Associative State” tend to view these concepts as just another way ...


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