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Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee 2019 University of Pennsylvania Law School

Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee

Faculty Scholarship at Penn Law

This article argues that administrative agencies have been primary interpreters and implementers of the federal Constitution throughout the history of the United States, although the scale and scope of this "administrative constitutionalism" has changed significantly over time as the balance of opportunities and constraints has shifted. Courts have nonetheless cast an increasingly long shadow over the administered Constitution. In part, this is because of the well-known expansion of judicial review in the 20th century. But the shift has as much to do with changes in the legal profession, legal theory, and lawyers’ roles in agency administration. The result is that ...


Summary: Achieving Regulatory Excellence, Cary Coglianese 2019 University of Pennsylvania

Summary: Achieving Regulatory Excellence, Cary Coglianese

Wharton PPI B-School for Public Policy Seminar Summaries

Regulatory excellence is governmental excellence. Three primary mechanisms exist for promoting regulatory success: Procedure, Management, and Technology. This seminar, based on research conducted at the Penn Program on Regulation, focused on analyzing the impacts of regulation on the economy and promoting the attributes of a high-quality regulatory system. An emphasis was placed on the role of legislators in overseeing and supporting the achievement of regulatory excellence, situated within the context of ongoing efforts for regulatory reform as well as new imperatives, such as the development of algorithmic technologies.


Presence Is No Present: From "Being" To "Eating" At The Table, Amiel B. Harper, Esq. 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, DePaul Panel 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, Anna Kerregan 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, Kelli Dudley 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, DePaul Journal for Social Justice 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.


The Therapist Can't See You Now: How Paid Sick Leave Policy Can Accommodate Mental Illness In The Workplace, Maddy Goss 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 ...


Distinguishing Between Investigator Discriminability And Eyewitness Discriminability: A Method For Creating Full Receiver Operating Characteristic Curves Of Lineup Identification Performance, Andrew M. Smith, Yueran Yang, Gary L. Wells 2019 Iowa State University

Distinguishing Between Investigator Discriminability And Eyewitness Discriminability: A Method For Creating Full Receiver Operating Characteristic Curves Of Lineup Identification Performance, Andrew M. Smith, Yueran Yang, Gary L. Wells

Gary L. Wells

The conceptual frameworks provided by both the lineups-as-experiments analogy and Signal Detection Theory have proven important to furthering understanding of performance on eyewitness identification-procedures. The lineups-as-experiments analogy proposes that when investigators carry out a lineup procedure, they are acting as experimenters, and should therefore follow the same tried-and-true procedures that experimenters follow when executing an experiment. Signal Detection Theory offers a framework for distinguishing between factors that improve the trade-off between culprit and innocent-suspect identifications (discriminability) and factors that impact the frequency of suspect identifications (conservativeness). The present work offers an integration of these two conceptual frameworks. We argue that ...


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang 2019 University of Pennsylvania Law School

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey 2019 University of Minnesota

In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey

Daniel A Farber

In this essay, we explore how modem common law judges should view their role vis-a-vis the legislature. We suggest that the perspective of the "New Public Law," as we conceptualize it, is surprisingly helpful in considering this problem.

In Part I, we briefly summarize two important aspects of the New Public Law: republicanism and public choice. We then address an obvious objection to our project - that our topic relates to private law, and is therefore outside the purview of the New Public Law. Part II turns to important questions about the relationship between statutes and the common law: When should ...


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang 2019 University of Pennsylvania Law School

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


The Progress Of Passion, Kathryn Abrams 2019 University of California at Berkeley School of Law

The Progress Of Passion, Kathryn Abrams

Kathryn Abrams

Like an abandoned fortress, the dichotomy between reason and the passions casts a long shadow over the domain of legal thought. Beset by forces from legal realism to feminist epistemology, this dichotomy no longer holds sovereign sway. Yet its structure helps to articulate the boundaries of the legal field; efforts to move in and around it infuse present thinking with the echoes of a conceptually distinct past. Early critics of the dichotomy may unwittingly have prolonged its influence through the frontal character of their attacks. By challenging a strong distinction between emotion and reason, critics kept it, paradoxically, before legal ...


Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters 2019 University of Pennsylvania Law School

Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters

Daniel Walters

Government officials who run administrative agencies must make countless decisions every day about what issues and work to prioritize. These agenda-setting decisions hold enormous implications for the shape of law and public policy, but they have received remarkably little attention by either administrative law scholars or social scientists who study the bureaucracy. Existing research offers few insights about the institutions, norms, and inputs that shape and constrain agency discretion over their agendas or about the strategies that officials employ in choosing to elevate certain issues while putting others on the back burner. In this article, we advance the study of ...


The Judicial Role In Constraining Presidential Nonenforcement Discretion: The Virtues Of An Apa Approach, Daniel E. Walters 2019 University of Pennsylvania

The Judicial Role In Constraining Presidential Nonenforcement Discretion: The Virtues Of An Apa Approach, Daniel E. Walters

Daniel Walters

Scholars, lawyers, and, indeed, the public at large increasingly worry about what purposive presidential inaction in enforcing statutory programs means for the rule of law and how such discretionary inaction can fit within a constitutional structure that compels Presidents to “take Care that the Laws be faithfully executed." Yet those who have recognized the problem have been hesitant to assign a role for the court in policing the constitutional limits they articulate, mostly because of the strain on judicial capacity that any formulation of Take Care Clause review would cause. In this Article, I argue that courts still can and ...


The Self-Delegation False Alarm: Analyzing Auer Deference's Effect On Agency Rules, Daniel E. Walters 2019 University of Pennsylvania Law School

The Self-Delegation False Alarm: Analyzing Auer Deference's Effect On Agency Rules, Daniel E. Walters

Daniel Walters

Auer deference holds that reviewing courts should defer to agencies when the latter interpret their own preexisting regulations. This doctrine relieves pressure on agencies to undergo costly notice-and-comment rulemaking each time interpretation of existing regulations is necessary. But according to some leading scholars and jurists, the doctrine actually encourages agencies to promulgate vague rules in the first instance, augmenting agency power and violating core separation of powers norms in the process. The claim that Auer perversely encourages agencies to “self-delegate”—that is, to create vague rules that can later be informally interpreted by agencies with latitude due to judicial deference ...


After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne 2019 University of Pennsylvania Law School

After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne

Faculty Scholarship at Penn Law

While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system.

Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of ...


The Fiduciary Obligations Of Public Officials, Vincent R. Johnson 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 ...


Imaginary Bottles, Jessica Litman 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 ...


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