19 cfr 145 59
- Corporate Stewardship.
- The control of air pollution on Indian reservations.
- How to Enhance Directors' Independence at Controlled Companies.
- The pricelessness of biodiversity: using the Endangered Species Act to help combat extinction and climate change.
- The Reexamination Power of Patent Infringers and the Forgotten Inventor
Corporate Avatars and the Erosion of the Populist Fourth Amendment
Fourth Amendment jurisprudence currently leaves it to technology corporations to challenge court orders, subpoenas, and requests by the government for individual users' information. The third-party doctrine denies people a reasonable expectation of privacy in data they transmit through telecommunications and Internet service providers. Third-party corporations become, by default, the people's...
- The bill of attainder clauses: protections from the past in the modern administrative state.
- Litigation Rulemaking.
An Alternative Approach to the RESPA Versus Chapter 13 Bankruptcy Unpaid Pre-Petition Escrow Amount Debate
Under the terms of the parties’ loan documents, a lender may collect escrow funds to make the borrower’s future tax and insurance payments. Understandably, when a borrower misses escrow payments, the escrow account may not contain enough funds for the lender to make the tax and insurance payments. Outside of bankruptcy, the Real Estate Settlement Procedures Act ("RESPA") and Regulation...
- The Ever-Changing Bogeyman: How Fear Has Driven Immigration Law and Policy
Flores v. United States Citizenship and Immigration Services: Clearing the Way to Admission for Temporary Protected Status Beneficiaries
A Temporary Protected Status beneficiary must have an independent basis to apply for a green card, such as being married to a U.S. citizen; the significance of Flores can potentially effect more than 300,000 Temporary Protected Status recipients who are present in the United States, primarily the benefit of staying in the United States to process their green card applications.
- DE FACTO STATE ACTION: SOCIAL MEDIA NETWORKS AND THE FIRST AMENDMENT.
- Ghost in the network.
- Over-Manipulated and Under-Funded: Louisiana's Pension Problem and Its Impact on Public Employees
- EXPANDING PROTECTION FOR ATTENTION DEFICIT HYPERACTIVITY DISORDER INDIVIDUALS UNDER THE AMERICANS WITH DISABILITIES ACT.
- Save Now, Pay Later: The Unfortunate Reality of PLIVA v. Mensing
- To Keep Every Cog and Wheel: Preserving Biodiversity Through the Endangered Species Act's Protection of Ecosystems
The Patriot Act and Crisis Legislation: The Unintended Consequences of Disaster Lawmaking
The fear inspired by disaster and tragedy has frequently produced overreactions at watershed moments in American history. This Article argues that these recurring spasms of fearful congressional overreaction should be properly labeled as “crisis legislation.” Most instances of crisis legislation pass unheeded, and any allusions to the phenomenon in discourse lack a universal term. In The Shock...
- Representation-Case Procedures
- A MEDICAL/LEGAL PERSPECTIVE ON STEM CELL THERAPY: A SCIENTIFIC BREAKTHROUGH OR SNAKE OIL?
Identifying Employers' 'Proxies' in Sexual-Harassment Litigation
The Supreme Court's companion decisions of Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton represent the modern framework governing employer liability in sexualharassment suits. The opinions organize the basic rules for employer liability, its affirmative defense, and unique situations where the affirmative defense is unavailable. An employer's affirmative defense is...
- Government Hacking.
Avoiding Liability: Changing the Regulatory Structure of Cryptocurrencies to Better Ensure Legal Use
Monitoring the transactions consumers in the United States make when buying and selling virtual currency requires an inventive regulatory system because many types of virtual currency, like Bitcoin, are operated anonymously and independently. In the United States today, the Internal Revenue Service (“IRS”) has little structure in how it monitors cryptocurrencies, merely classifying them as...
Re-examining and Re-defining Permanency from a Youth's Perspective
Federal and state laws mandate that efforts be made to find permanent families for all children placed in foster care, first, by reunifying them with their birth families or, when this is not possible, by securing alternate families through adoption or guardianship. Yet, for children older than age twelve in the foster care systems, there is less than a 50% chance this goal will be accomplished....
- Arbitration About Arbitration.