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The End of Comparative Qualified Immunity Essay by Colin Miller A Radical Restructuring? A Response to Bell and Parchomovsky, Restructuring Copyright Infringement, 98SUBMISSIONS
Articles The Texas Law Review welcomes article and essay submissions from judges, academics, and practicing lawyers. We do not, however, accept submissions from current law students. The Texas Law Review accepts submissions via Scholastica only. We strongly prefer to receive electronic submissions that are uploaded as editable word documents (e.g., .doc or .docx rather than .pdf) with the word REVISIONIST HISTORY DISCUSSES LET'S MESS WITH TEXAS In the first episode of the newest season of his podcast, Revisionist History, Malcolm Gladwell discusses Mr. Vasan Kesavan and Prof. Michael Stokes Paulsen’s Volume 82 essay about the constitutionality of subdividing Texas. Check out this podcast episode here and the law review essay that inspired it here. THE QUESTIONABLE OBJECTIVITY OF FOURTH AMENDMENT LAWSEE MORE ONTEXASLAWREVIEW.ORG
AS-APPLIED NONDELEGATION PRIVATE INSTITUTIONS, SOCIAL RESPONSIBILITY, AND THE STATESEE MORE ONTEXASLAWREVIEW.ORG
REFLECTIONS OF A LADY LAWYER Reflections of a Lady Lawyer. Kudos to law schools for focusing on women in the legal profession. It’s not always easy being a woman in this profession or, what someone from my home state of Texas once called me, “a Lady Lawyer.”. That was more than ten years ago, when I was a little-known alumnus of the Solicitor General’s Office RESPECT FOR SOVEREIGNTY IN CYBERSPACE Respect for Sovereignty in Cyberspace . Essay - by Michael N. Schmitt and Liis Vihul Volume 95 - Issue 7. I. Discord Regarding Sovereignty. In the late 1990s, the international legal community’s attention began to turn to a new form of warfare, then labeled “computer network attack,” a type of information operations. At the time, the Department of Defense (DoD) was at the cutting edge of KELLY M. HOGUE, AUTHOR AT TEXAS LAW REVIEW When an Officer Kills: Turning Legal Police Conduct into Illegal Police Misconduct Note by Kelly M. Hogue. HOME | TEXAS LAW REVIEWARCHIVEONLINE EDITIONORDERINGSUBMISSIONSSYMPOSIUMABOUT Below Board: How Texas’s Legislative Redistricting Board Violates Section 2 of the Voting Rights Act. As Texas lawmakers take up their decennial duty to redraw new legislative districts in 2021, the state’s Legislative Redistricting Board looms largely over the process. If the Texas Legislature fails to approve new district lines,then the
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The End of Comparative Qualified Immunity Essay by Colin Miller A Radical Restructuring? A Response to Bell and Parchomovsky, Restructuring Copyright Infringement, 98SUBMISSIONS
Articles The Texas Law Review welcomes article and essay submissions from judges, academics, and practicing lawyers. We do not, however, accept submissions from current law students. The Texas Law Review accepts submissions via Scholastica only. We strongly prefer to receive electronic submissions that are uploaded as editable word documents (e.g., .doc or .docx rather than .pdf) with the word REVISIONIST HISTORY DISCUSSES LET'S MESS WITH TEXAS In the first episode of the newest season of his podcast, Revisionist History, Malcolm Gladwell discusses Mr. Vasan Kesavan and Prof. Michael Stokes Paulsen’s Volume 82 essay about the constitutionality of subdividing Texas. Check out this podcast episode here and the law review essay that inspired it here. THE QUESTIONABLE OBJECTIVITY OF FOURTH AMENDMENT LAWSEE MORE ONTEXASLAWREVIEW.ORG
AS-APPLIED NONDELEGATION PRIVATE INSTITUTIONS, SOCIAL RESPONSIBILITY, AND THE STATESEE MORE ONTEXASLAWREVIEW.ORG
REFLECTIONS OF A LADY LAWYER Reflections of a Lady Lawyer. Kudos to law schools for focusing on women in the legal profession. It’s not always easy being a woman in this profession or, what someone from my home state of Texas once called me, “a Lady Lawyer.”. That was more than ten years ago, when I was a little-known alumnus of the Solicitor General’s Office RESPECT FOR SOVEREIGNTY IN CYBERSPACE Respect for Sovereignty in Cyberspace . Essay - by Michael N. Schmitt and Liis Vihul Volume 95 - Issue 7. I. Discord Regarding Sovereignty. In the late 1990s, the international legal community’s attention began to turn to a new form of warfare, then labeled “computer network attack,” a type of information operations. At the time, the Department of Defense (DoD) was at the cutting edge of KELLY M. HOGUE, AUTHOR AT TEXAS LAW REVIEW When an Officer Kills: Turning Legal Police Conduct into Illegal Police Misconduct Note by Kelly M. Hogue.ONLINE EDITION
The End of Comparative Qualified Immunity Essay by Colin Miller A Radical Restructuring? A Response to Bell and Parchomovsky, Restructuring Copyright Infringement, 98 ABOUT | TEXAS LAW REVIEW History. The Texas Law Review is a national and international leader in legal scholarship.Texas Law Review is an independent journal, edited and published entirely by students at the University of Texas School of Law. Our seven issues per year contain articles by professors, judges, and practitioners; reviews of important recent books from recognized experts, essays, commentaries; and student ARCHIVE | TEXAS LAW REVIEW The Rise and Fall of Fear of Abuse in Consumer Bankruptcy Article by Jason J. Kilborn Local Legal Culture from R2D2 to Big Data Article by Robert M. Lawless and Angela Littwin A Functional Analysis of SIFI Insolvency Article by Stephen J. Lubben Modified Universalism as Customary International Law Article by Irit Mevorach A New Approach to Executory Contracts Article by John A.E. Pottow VAGUENESS AS IMPOSSIBILITY The void-for-vagueness doctrine dictates that unduly vague penal statutes will be considered void based on due process principles. The U.S. Supreme Court has grounded the doctrine in two rationales. First, vague penal statutes fail to inform the ordinary person of what is proscribed, thereby violating an essential aspect of due process: therequirement of fair
ADDICTION, CRIMINALIZATION, AND CHARACTER EVIDENCE Addiction, Criminalization, and Character Evidence . Note - by Michael Davis Volume 96 - Issue 3. A drug addict’s addiction is no defense to drug crimes. Criminal law rejects the disease model of addiction, at least insofar as the model would inform the Eighth Amendment, thevoluntary act
SENATE BILL 1264: THE TEXAN TEMPLATE FOR THE NATIONAL Senate Bill 1264: The Texan Template for the National Fight Against Balance Billing . Note - by Alexander Haer Volume 99 - Issue 4. Balance billing occurs when out-of-network health care providers send bills to otherwise-insured patients because the providers do not have a contractual obligation to charge a certain rate with the patient’shealth plan.
MASS TORT REMEDIES AND THE PUZZLE OF THE DISAPPEARING I. Introduction Most mass tort personal injury claims, like virtually all modern lawsuits, are eventually resolved through settlement. Mass tort settlements, which provide monetary compensation to participating claimants, typically do not involve a court-certified class. Rather, they are usually accomplished through private (and confidential) agreements between the defendant and particular SELECTIVE SETTLEMENT AND THE INTEGRITY OF THE BELLWETHER I. Introduction In this Note, I hope to address a problem that can potentially undermine the usefulness of the “bellwether trial” process in multidistrict litigation. Specifically, I call this the “selective settlement problem.” In multidistrict litigation (MDL),one tool often used
OWNING RED: A THEORY OF INDIAN (CULTURAL) APPROPRIATION Owning Red: A Theory of Indian (Cultural) Appropriation . Article - by Angela R. Riley and Kristen A. Carpenter Volume 94 - Issue 5. In a number of recent controversies, from sports teams’ use of Indian mascots to the federal government’s desecration of sacred sites, American Indians have lodged charges of “cultural appropriation” or the unauthorized use by members of one group of the DID RUSSIAN CYBER INTERFERENCE IN THE 2016 ELECTION Introduction Sovereignty is a funny thing. It is allegedly the foundation of the Westphalian order, but its exact contours are frustratingly indeterminate. When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by, among other things, hacking into the e-mail system of the Democratic National Committee (DNC) and releasing its HOME | TEXAS LAW REVIEWARCHIVEONLINE EDITIONORDERINGSUBMISSIONSSYMPOSIUMABOUT Below Board: How Texas’s Legislative Redistricting Board Violates Section 2 of the Voting Rights Act. As Texas lawmakers take up their decennial duty to redraw new legislative districts in 2021, the state’s Legislative Redistricting Board looms largely over the process. If the Texas Legislature fails to approve new district lines,then the
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The End of Comparative Qualified Immunity Essay by Colin Miller A Radical Restructuring? A Response to Bell and Parchomovsky, Restructuring Copyright Infringement, 98SUBMISSIONS
Articles The Texas Law Review welcomes article and essay submissions from judges, academics, and practicing lawyers. We do not, however, accept submissions from current law students. The Texas Law Review accepts submissions via Scholastica only. We strongly prefer to receive electronic submissions that are uploaded as editable word documents (e.g., .doc or .docx rather than .pdf) with the word ORDERING | TEXAS LAW REVIEW RULEBOOK APP. Access the Greenbook and the MoUS on your mobile deviceDownload >
THE QUESTIONABLE OBJECTIVITY OF FOURTH AMENDMENT LAWSEE MORE ONTEXASLAWREVIEW.ORG
VAGUENESS AS IMPOSSIBILITY THE CUTTING EDGE OF CONFESSION EVIDENCE: REDEFININGSEE MORE ONTEXASLAWREVIEW.ORG
REFLECTIONS OF A LADY LAWYER Reflections of a Lady Lawyer. Kudos to law schools for focusing on women in the legal profession. It’s not always easy being a woman in this profession or, what someone from my home state of Texas once called me, “a Lady Lawyer.”. That was more than ten years ago, when I was a little-known alumnus of the Solicitor General’s Office OWNING RED: A THEORY OF INDIAN (CULTURAL) APPROPRIATION Owning Red: A Theory of Indian (Cultural) Appropriation . Article - by Angela R. Riley and Kristen A. Carpenter Volume 94 - Issue 5. In a number of recent controversies, from sports teams’ use of Indian mascots to the federal government’s desecration of sacred sites, American Indians have lodged charges of “cultural appropriation” or the unauthorized use by members of one group of the DID RUSSIAN CYBER INTERFERENCE IN THE 2016 ELECTION Introduction Sovereignty is a funny thing. It is allegedly the foundation of the Westphalian order, but its exact contours are frustratingly indeterminate. When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by, among other things, hacking into the e-mail system of the Democratic National Committee (DNC) and releasing its HOME | TEXAS LAW REVIEWARCHIVEONLINE EDITIONORDERINGSUBMISSIONSSYMPOSIUMABOUT Below Board: How Texas’s Legislative Redistricting Board Violates Section 2 of the Voting Rights Act. As Texas lawmakers take up their decennial duty to redraw new legislative districts in 2021, the state’s Legislative Redistricting Board looms largely over the process. If the Texas Legislature fails to approve new district lines,then the
ONLINE EDITION
The End of Comparative Qualified Immunity Essay by Colin Miller A Radical Restructuring? A Response to Bell and Parchomovsky, Restructuring Copyright Infringement, 98SUBMISSIONS
Articles The Texas Law Review welcomes article and essay submissions from judges, academics, and practicing lawyers. We do not, however, accept submissions from current law students. The Texas Law Review accepts submissions via Scholastica only. We strongly prefer to receive electronic submissions that are uploaded as editable word documents (e.g., .doc or .docx rather than .pdf) with the word ORDERING | TEXAS LAW REVIEW RULEBOOK APP. Access the Greenbook and the MoUS on your mobile deviceDownload >
THE QUESTIONABLE OBJECTIVITY OF FOURTH AMENDMENT LAWSEE MORE ONTEXASLAWREVIEW.ORG
VAGUENESS AS IMPOSSIBILITY THE CUTTING EDGE OF CONFESSION EVIDENCE: REDEFININGSEE MORE ONTEXASLAWREVIEW.ORG
REFLECTIONS OF A LADY LAWYER Reflections of a Lady Lawyer. Kudos to law schools for focusing on women in the legal profession. It’s not always easy being a woman in this profession or, what someone from my home state of Texas once called me, “a Lady Lawyer.”. That was more than ten years ago, when I was a little-known alumnus of the Solicitor General’s Office OWNING RED: A THEORY OF INDIAN (CULTURAL) APPROPRIATION Owning Red: A Theory of Indian (Cultural) Appropriation . Article - by Angela R. Riley and Kristen A. Carpenter Volume 94 - Issue 5. In a number of recent controversies, from sports teams’ use of Indian mascots to the federal government’s desecration of sacred sites, American Indians have lodged charges of “cultural appropriation” or the unauthorized use by members of one group of the DID RUSSIAN CYBER INTERFERENCE IN THE 2016 ELECTION Introduction Sovereignty is a funny thing. It is allegedly the foundation of the Westphalian order, but its exact contours are frustratingly indeterminate. When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by, among other things, hacking into the e-mail system of the Democratic National Committee (DNC) and releasing its ABOUT | TEXAS LAW REVIEW History. The Texas Law Review is a national and international leader in legal scholarship.Texas Law Review is an independent journal, edited and published entirely by students at the University of Texas School of Law. Our seven issues per year contain articles by professors, judges, and practitioners; reviews of important recent books from recognized experts, essays, commentaries; and student ARCHIVE | TEXAS LAW REVIEW The Rise and Fall of Fear of Abuse in Consumer Bankruptcy Article by Jason J. Kilborn Local Legal Culture from R2D2 to Big Data Article by Robert M. Lawless and Angela Littwin A Functional Analysis of SIFI Insolvency Article by Stephen J. Lubben Modified Universalism as Customary International Law Article by Irit Mevorach A New Approach to Executory Contracts Article by John A.E. Pottow ORDERING | TEXAS LAW REVIEW RULEBOOK APP. Access the Greenbook and the MoUS on your mobile deviceDownload >
DEMYSTIFYING NATIONWIDE INJUNCTIONS Demystifying Nationwide Injunctions. Article - by Alan M. Trammell - Issue 1. The phenomenon of nationwide injunctions—when a single district court judge completely prevents the government from enforcing a statute, regulation, or policy—has spawned a vigorous debate. A tentative consensus has emerged that an injunction should benefit only CROWDSOURCING CRIME CONTROL Crowdsourcing, which leverages the collective expertise and resources of (mainly online) communities to achieve specified objectives, today figures prominently in a broad array of realms, including business, human rights, and medical and scientific research. It also now plays a significant role in governmental crime control efforts. Web and forensic–genetic sleuths, armchair detectives, and THE COST OF NON-BILLABLE WORK The Cost of Non-Billable Work . Article - by Martha M. Ertman Online Edition - Volume 98. I. Introduction. Tasks as small as organizing after-work drinks and as big as designing the firm’s website create and sustain loyalty, increase productivity, and hold an organizationtogether.
A NEW APPROACH TO EXECUTORY CONTRACTS A New Approach to Executory Contracts . Article - by John A.E. Pottow Volume 96 - Symposium Issue. I. Introduction and Summary. Few topics have bedeviled the bankruptcy community as much as the proper treatment of executory contracts under § 365 of the Bankruptcy Code. The case law is “hopelessly convoluted” and a “bramble-filledthicket.”
PRIVATE INSTITUTIONS, SOCIAL RESPONSIBILITY, AND THE STATE Private Institutions, Social Responsibility, and the State Action Doctrine . Response - by Gowri Ramachandran Online Edition - Volume 96. Jed Rubenfeld’s Privatization and State Action: Do Campus Sexual Assault Hearings Violate Due Process? will likely engender a great deal of controversy because of the topic it confronts—Title IX campus sexual assault hearings and due process. It likely THE CONFORMITY RULE AND RELATIONSHIP EVIDENCE IN TEXAS The Conformity Rule and Relationship Evidence in Texas Domestic Assault Trials . Note - by Alex A. Stamm Online Edition - Volume 97. I. Introduction. American criminal law has long prohibited prior-acts evidence used to prove action in conformity with character —variously called conformity evidence, propensity evidence, or simply character evidence—for good reason. COMPELLED DECRYPTION AND THE PRIVILEGE AGAINST SELF Compelled Decryption and the Privilege Against Self-Incrimination . Essay - by Orin S. Kerr Volume 97 - Issue 4. Introduction. Encryption is everywhere. Ninety-four percent of Americans aged eighteen to twenty-nine carry smartphones, many of which encrypt their data by default when not in use. Laptops, tablet computers, and thumb drives can be and often are encrypted. HOME | TEXAS LAW REVIEWARCHIVEONLINE EDITIONORDERINGSUBMISSIONSSYMPOSIUMABOUT Below Board: How Texas’s Legislative Redistricting Board Violates Section 2 of the Voting Rights Act. As Texas lawmakers take up their decennial duty to redraw new legislative districts in 2021, the state’s Legislative Redistricting Board looms largely over the process. If the Texas Legislature fails to approve new district lines,then the
ONLINE EDITION
The End of Comparative Qualified Immunity Essay by Colin Miller A Radical Restructuring? A Response to Bell and Parchomovsky, Restructuring Copyright Infringement, 98SUBMISSIONS
Articles The Texas Law Review welcomes article and essay submissions from judges, academics, and practicing lawyers. We do not, however, accept submissions from current law students. The Texas Law Review accepts submissions via Scholastica only. We strongly prefer to receive electronic submissions that are uploaded as editable word documents (e.g., .doc or .docx rather than .pdf) with the word THE QUESTIONABLE OBJECTIVITY OF FOURTH AMENDMENT LAWSEE MORE ONTEXASLAWREVIEW.ORG
SENATE BILL 1264: THE TEXAN TEMPLATE FOR THE NATIONALSEE MORE ONTEXASLAWREVIEW.ORG
REVISIONIST HISTORY DISCUSSES LET'S MESS WITH TEXAS In the first episode of the newest season of his podcast, Revisionist History, Malcolm Gladwell discusses Mr. Vasan Kesavan and Prof. Michael Stokes Paulsen’s Volume 82 essay about the constitutionality of subdividing Texas. Check out this podcast episode here and the law review essay that inspired it here. AS-APPLIED NONDELEGATION RESPECT FOR SOVEREIGNTY IN CYBERSPACE Respect for Sovereignty in Cyberspace . Essay - by Michael N. Schmitt and Liis Vihul Volume 95 - Issue 7. I. Discord Regarding Sovereignty. In the late 1990s, the international legal community’s attention began to turn to a new form of warfare, then labeled “computer network attack,” a type of information operations. At the time, the Department of Defense (DoD) was at the cutting edge of THE CUTTING EDGE OF CONFESSION EVIDENCE: REDEFININGSEE MORE ONTEXASLAWREVIEW.ORG
JOSEPH M. CAPOBIANCO, AUTHOR AT TEXAS LAW REVIEW Joseph M. Capobianco. Has Social Media Destroyed a Federal Rule? The False Promise of Transfer to Cure Prejudice in the Social Media Era Note by Joseph M. Capobianco. HOME | TEXAS LAW REVIEWARCHIVEONLINE EDITIONORDERINGSUBMISSIONSSYMPOSIUMABOUT Below Board: How Texas’s Legislative Redistricting Board Violates Section 2 of the Voting Rights Act. As Texas lawmakers take up their decennial duty to redraw new legislative districts in 2021, the state’s Legislative Redistricting Board looms largely over the process. If the Texas Legislature fails to approve new district lines,then the
ONLINE EDITION
The End of Comparative Qualified Immunity Essay by Colin Miller A Radical Restructuring? A Response to Bell and Parchomovsky, Restructuring Copyright Infringement, 98SUBMISSIONS
Articles The Texas Law Review welcomes article and essay submissions from judges, academics, and practicing lawyers. We do not, however, accept submissions from current law students. The Texas Law Review accepts submissions via Scholastica only. We strongly prefer to receive electronic submissions that are uploaded as editable word documents (e.g., .doc or .docx rather than .pdf) with the word THE QUESTIONABLE OBJECTIVITY OF FOURTH AMENDMENT LAWSEE MORE ONTEXASLAWREVIEW.ORG
SENATE BILL 1264: THE TEXAN TEMPLATE FOR THE NATIONALSEE MORE ONTEXASLAWREVIEW.ORG
REVISIONIST HISTORY DISCUSSES LET'S MESS WITH TEXAS In the first episode of the newest season of his podcast, Revisionist History, Malcolm Gladwell discusses Mr. Vasan Kesavan and Prof. Michael Stokes Paulsen’s Volume 82 essay about the constitutionality of subdividing Texas. Check out this podcast episode here and the law review essay that inspired it here. AS-APPLIED NONDELEGATION RESPECT FOR SOVEREIGNTY IN CYBERSPACE Respect for Sovereignty in Cyberspace . Essay - by Michael N. Schmitt and Liis Vihul Volume 95 - Issue 7. I. Discord Regarding Sovereignty. In the late 1990s, the international legal community’s attention began to turn to a new form of warfare, then labeled “computer network attack,” a type of information operations. At the time, the Department of Defense (DoD) was at the cutting edge of THE CUTTING EDGE OF CONFESSION EVIDENCE: REDEFININGSEE MORE ONTEXASLAWREVIEW.ORG
JOSEPH M. CAPOBIANCO, AUTHOR AT TEXAS LAW REVIEW Joseph M. Capobianco. Has Social Media Destroyed a Federal Rule? The False Promise of Transfer to Cure Prejudice in the Social Media Era Note by Joseph M. Capobianco.ONLINE EDITION
The End of Comparative Qualified Immunity Essay by Colin Miller A Radical Restructuring? A Response to Bell and Parchomovsky, Restructuring Copyright Infringement, 98 ABOUT | TEXAS LAW REVIEW History. The Texas Law Review is a national and international leader in legal scholarship.Texas Law Review is an independent journal, edited and published entirely by students at the University of Texas School of Law. Our seven issues per year contain articles by professors, judges, and practitioners; reviews of important recent books from recognized experts, essays, commentaries; and student ORDERING | TEXAS LAW REVIEW RULEBOOK APP. Access the Greenbook and the MoUS on your mobile deviceDownload >
VAGUENESS AS IMPOSSIBILITY The void-for-vagueness doctrine dictates that unduly vague penal statutes will be considered void based on due process principles. The U.S. Supreme Court has grounded the doctrine in two rationales. First, vague penal statutes fail to inform the ordinary person of what is proscribed, thereby violating an essential aspect of due process: therequirement of fair
THE CUTTING EDGE OF CONFESSION EVIDENCE: REDEFINING Introduction Riley Fox was three years old when she died. The police found her body floating face down in the water of Forked Creek in Wilmington, Illinois. She had duct tape over her mouth and adhesive residue on her arms; she had also been sexually abused.Because Kevin
MOVING FORWARD: PROPOSALS FOR EXPANDING AND SIMPLIFYING Moving Forward: Proposals for Expanding and Simplifying Expunction in Texas . Note - by Ruthie Goldstein Online Edition - Volume 98. Abstract. Hundreds of thousands of criminal cases are dismissed each year in Texas, yet those cases remain on individuals’ criminal records, accessible to almost anyone using the Internet. PRIVATE INSTITUTIONS, SOCIAL RESPONSIBILITY, AND THE STATE Private Institutions, Social Responsibility, and the State Action Doctrine . Response - by Gowri Ramachandran Online Edition - Volume 96. Jed Rubenfeld’s Privatization and State Action: Do Campus Sexual Assault Hearings Violate Due Process? will likely engender a great deal of controversy because of the topic it confronts—Title IX campus sexual assault hearings and due process. It likely REFLECTIONS OF A LADY LAWYER Kudos to law schools for focusing on women in the legal profession. It’s not always easy being a woman in this profession or, what someone from my home state of Texas once called me, “a Lady Lawyer.” That was more than ten years ago, when I was a little-known alumnus of the Solicitor General’s Office FACIAL CHALLENGES, SAVING CONSTRUCTIONS, AND STATUTORY The doctrines that license “facial challenges” to the constitutionality of statutes are widely misunderstood. So are the two leading devices for limiting facial challenges’ potentially wrecking-ball effects: narrowing or saving constructions and severability doctrine. This Article advances entwined theses about facial challenges, narrowing constructions, and statutoryseverability.
OWNING RED: A THEORY OF INDIAN (CULTURAL) APPROPRIATION Owning Red: A Theory of Indian (Cultural) Appropriation . Article - by Angela R. Riley and Kristen A. Carpenter Volume 94 - Issue 5. In a number of recent controversies, from sports teams’ use of Indian mascots to the federal government’s desecration of sacred sites, American Indians have lodged charges of “cultural appropriation” or the unauthorized use by members of one group of theMenu
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OPT-IN STEWARDSHIP: TOWARD AN OPTIMAL DELEGATION OF MUTUAL FUND VOTINGAUTHORITY
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This Article offers a theory of mutual fund voting to answer when mutual funds should vote on behalf of their investors and when they should not. It argues that voting authority for mutual funds ought to depend upon: (1) whether the fund possesses a comparative informational advantage, and (2) the ability of the fund to assume aContinue Reading >
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The void-for-vagueness doctrine dictates that unduly vague penal statutes will be considered void based on due process principles. The U.S. Supreme Court has grounded the doctrine in two rationales. First, vague penal statutes fail to inform the ordinary person of what is proscribed, thereby violating an essential aspect of due process: the requirement of fair Continue Reading > Five-to-Four: The Case for a Defensive Redesign of the CFPB Opt-In Stewardship: Toward an Optimal Delegation of Mutual Fund VotingAuthority
FIVE-TO-FOUR: THE CASE FOR A DEFENSIVE REDESIGN OF THE CFPB NOTE by Martin J. GatensPrevious Next
Much has been written about the “agency design” of the Consumer Financial Protection Bureau (CFPB) over the past eight years. Scholarship in this area has primarily focused on why the CFPB may be unconstitutionally structured and whether that structure could survive judicial scrutiny should the issue reach the Supreme Court. Due in part to recent Continue Reading > Vagueness as ImpossibilityLATEST ISSUE 6
EPIPHENOMENAL OR CONSTRUCTIVE?: THE STATE ACTION DOCTRINE(S) AND THE DISCURSIVE PROPERTIES OF INSTITUTIONS NOTE BY ALLEN C. SUMRALL FIVE-TO-FOUR: THE CASE FOR A DEFENSIVE REDESIGN OF THE CFPB NOTE BYMARTIN J. GATENS
VAGUENESS AS IMPOSSIBILITY ARTICLE BY MICHAEL J. ZYDNEY MANNHEIMER OPT-IN STEWARDSHIP: TOWARD AN OPTIMAL DELEGATION OF MUTUAL FUND VOTING AUTHORITY ARTICLE BY SEAN J. GRIFFITH View All From This VolumePrevious
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