Mostrando recursos 1 - 20 de 605

  1. Data Analytics and the Fight against Housing Blight: A Guide for Local Leaders

    Pough, Bradley; Wan, Qian
    Other Research Unit

  2. Data Analytics and the Fight against Housing Blight: A Guide for Local Leaders

    Pough, Bradley; Wan, Qian
    Other Research Unit

  3. Punitive Damages and the Public/Private Distinction: A Comparison Between the United States and Italy

    Cappelletti, Marco
    In 2007, the Italian Supreme Court stated in a landmark judicial decision regarding the enforcement of a U.S. punitive damages award that Italian tort law is meant to serve a compensatory function and that there is no room for any goal other than corrective justice within domestic tort law. The majority of Italian jurists, while criticizing this monofunctional reading of tort law, have excluded the adoption of punitive damages as a domestic remedy on the grounds that they would blur the line between tort law and criminal law and that the conditions existing in the U.S. make punitive damages non-replicable...

  4. Justice Kennedy and the Unfolding Doctrine of Corporate Religious Sincerity

    Churchill, Spencer
    This article explores how Justice Kennedy’s Hobby Lobby concurrence synthesizes competing narratives about religious liberty and points toward a doctrinal test of corporate religious sincerity that is legally and politically justifiable.

  5. Punitive Damages and the Public/Private Distinction: A Comparison Between the United States and Italy

    Cappelletti, Marco
    In 2007, the Italian Supreme Court stated in a landmark judicial decision regarding the enforcement of a U.S. punitive damages award that Italian tort law is meant to serve a compensatory function and that there is no room for any goal other than corrective justice within domestic tort law. The majority of Italian jurists, while criticizing this monofunctional reading of tort law, have excluded the adoption of punitive damages as a domestic remedy on the grounds that they would blur the line between tort law and criminal law and that the conditions existing in the U.S. make punitive damages non-replicable...

  6. Interlocking Directorates in the European Union: An Argument For Their Restriction

    Petersen, Vidir Smari
    The EU Commission has recently undertaken a review of the EU Merger Regulation. In this process it has published a White Paper that proposes to extend the Regulation to cover situations in which firms acquire minority shareholding in their competitors. However, the White Paper is silent about the closely related phenomenon of interlocking directorates (interlocks), which occurs when the same person sits on the board of two firms. This issue has never been directly addressed by the European Union, perhaps because the theory of interlocks is underdeveloped in Europe. This paper provides comprehensive antitrust arguments for why the EU should...

  7. A Quantitative Approach to Determining Patentable Subject Matter

    Cui, Yuqing
    Although declared to be “only a threshold test”, what constitutes patentable subject matter is a difficult question that courts have been trying to answer for decades. This work develops a quantitative framework that addresses the question of patent-eligibility of a category of inventions from a fundamental level: whether the benefits outweigh the costs that arise from granting patents to the category of inventions. In evaluating each factor, the framework focuses on determining whether the goals of establishing the patent system in the first place are achieved by granting patents to these inventions. These goals include encouraging the creation, disclosure, and...

  8. The New American Debtors' Prisons

    Hampson, Christopher D
    Debtors’ prisons are back, in the form of imprisonment for nonpayment of criminal fines, fees, and costs. While the new debtors’ prisons are not historically or doctrinally continuous with the old, recent developments in criminal law suggest that some parts of them offend the same functional and moral principles that compelled the abolition of the old debtors’ prisons. Legal actors may therefore plausibly interpret the constitutional and statutory texts that abolished the old debtors’ prisons to constitute checks on the new — or a new abolitionist movement might deploy new constitutional texts. While the criminal law literature is starting to...

  9. The 100-plus-Year Old Case For a Minimalist Criminal Law (Sketch of a General Theory of Substantive Criminal Law)

    Materni, Michele
    Criminal law defines the system of government of which it is the political expression; thus having a normative theory of substantive criminal law is paramount. U.S. criminal law has developed in the absence of such overarching theory, and is now plagued by overcriminalization. This Article advances a model of a minimalist criminal law grounded on strong normative principles that are presented and defended not from the perspective of metaphysics or moral philosophy, but rather in a historical and comparative perspective, as a matter of political choice. Core among those principles is the idea that in a liberal democracy the criminal...

  10. Determining Optimal Default Savings Rates For 401(K) Plans

    Martin, Luke C
    Automatic enrolment in 401(k) plans has succeeded in increasing employee participation rates, but the impact on overall savings rates has been less than might have been expected, as some participants who would have previously opted into the plan at a higher savings rate choose to remain at the lower default savings rate under the automatic enrolment regime. Current policy encourages sponsors to offer relatively low default savings rates under these plans, which is likely decreasing average participant welfare. This paper establishes a framework for analyzing the impact of varying plan default and mandatory minimum savings rates on participant welfare and...

  11. Decoding the Market's Reaction to Settlement Announcements

    Cole, Emily C
    This study examines defendant stock price returns on the day preceding, the day of, and the day following announcements of settlements in various types of litigation from 2009 through 2014. I hypothesized that defendant returns would be significantly positive on the day of and the day following the announcement, regardless of the settlement amount, due to the market’s perception of a decrease in cost and uncertainty associated with litigation. I further hypothesized that defendant returns would not be significantly positive on the day preceding the announcement, because the market presumably should not have had a reason to react. The results...

  12. Due Process, Choice of Law, and the Prosecution of Foreign Nationals for Providing Material Support to Terrorist Organizations in Conflicts Abroad

    Kelly, Brian Michael
    In November 2012, a grand jury in the Eastern District of New York indicted Ali Yasin Ahmed, Mahdi Hashi, and Mohamed Yusuf under 18 U.S.C. § 2339B for knowingly and intentionally conspiring to provide material support and resources, including services, currency, weapons, and personnel, to al-Shabaab, a designated foreign terrorist organization. Although there is nothing exceptional about the United States prosecuting individuals for providing material support for terrorism, United States v. Ahmed represents a marked shift from prior 18 U.S.C. § 2339B prosecutions because neither the defendants nor their conduct has any apparent nexus to the United States. None of...

  13. Shaping a Just World: Reinterpreting Rawls’s Approach to Global Justice

    Huang, Jiahui
    This paper discusses the question of global justice through the lens of the theories of justice expounded by John Rawls in "A Theory of Justice, Political Liberalism, and The Law of Peoples". In any theory of justice, some features of the world we know are held fixed; such constraints may be genuinely unchangeable facts about the world, or they may be contingent facts assumed to be fixed for the purposes of the theory. I argue that a fully adequate theory of justice (‘ideal theory’) should free itself of contingent constraints wherever possible. At the same time, ideal theory will require...

  14. The Shadow Takings Doctrine

    Li, Shengzhi
    The Fifth Amendment Takings Clause provides “nor shall private property be taken for public use, without just compensation.” Historically, the Clause protected landowners against appropriation by the state and against permanent physical occupation equivalent to “practical ouster of the owner’s possession.” In 1922, the Supreme Court in Pennsylvania Coal Company v. Mahon enacted a sea change in the doctrine by recognizing that a taking can occur when a regulation “goes too far.” Over time, the Court has developed a takings jurisprudence for temporary physical intrusions as well as regulations of use, which I term the “shadow takings doctrine.” Although the Court...

  15. Estimating Inequality with Tax Data: The Problem of Pass-Through Income

    Sharma, Patrick A
    In recent decades, a growing share of U.S. business income has been taxed on a pass-through basis. When taxed on a pass-through basis, business income is attributed to a firm’s owners and taxed to them as individual income, rather than being subject to a separate entity-level tax. Among its many implications, the growth of pass-through taxation complicates our ability to estimate historical trends in income inequality. Prominent studies of income inequality use data from individual income tax returns to measure changes in the distribution of income over time yet fail to control for the increasing amounts of business income reflected...

  16. Inside Insite: How a Localized Social Movement Led the Way for North America’s First Legal Supervised Injection Site

    Harati, Donna Fay
    This paper explores the connection between law and social change by looking at Insite, North America’s first legal supervised injection site, as a case study. The paper focuses on how the Canadian Supreme Court was primed to grant legal status to the site. By examining the deep, grassroots, addict-led movement that set the foundation for the site to exist, the paper looks at how local movements coupled with evidence-based statistics can help inform judges in making decisions that affect social change. The paper looks closely at how advocates drew on both the social movement and the law in defending the...

  17. Bundled Systems and Better Law: Against the Leflar Method of Resolving Conflicts of Law

    Neylan, Kevin Michael
    Suppose Jones is a New Hampshire fireworks dealer. Smith comes up from Massachusetts, buys a cache, and brings it home. One night Smith sets off a Roman Candle in his backyard, but mishandles it and badly injures himself. He sues Jones in Massachusetts. Massachusetts tort law makes fireworks dealers strictly liable for injuries caused by products they sell. Under New Hampshire law, by contrast, fireworks dealers are immune from liability for such injuries if the injuries resulted from misuse. Which state’s law should the Massachusetts court apply? And, just as important, on what basis should it choose? The judge facing such...

  18. Food Addiction: Current Understanding and Implications for Regulation and Research

    Sorenson, Margareta
    The idea that some processed foods can be addictive has gained support in recent years. Animal and human studies show extensive overlap between the neuronal signaling involved in palatable food consumption and drug addiction. A growing number of individuals also repor being unable to stop consuming certain foods despite repeated efforts, and consuming them to feel better emotionally, rather than to satisfy hunger. While food addiction can contribute to overconsumption of calories and excessive weight gain, it is not synonymous with obesity. The food addiction concept, while controversial, can have important implications for treatment and regulation. Government initiatives have focused...

  19. Greening the Blue Revolution: How History Can Inform a Sustainable Aquaculture Movement

    Smith, Turner
    This Paper traces the history of aquaculture from ancient China until the present, highlighting the various degrees of, and reasons for, aquaculture’s popularity at different points throughout history. The history of aquaculture demonstrates that the industry is largely a manifestation of concern over environmental and economic costs of the capture fishery industry; yet the current practice of aquaculture has begun to resemble the tortured past of wild-caught fish, with mono-culture fish farms causing serious environmental and economic problems for inland and coastal human and natural environments. Thus, this Paper argues that the history of the development of the aquaculture industry...

  20. Reducing Obesity and Fostering Economic Development Through Farm to School: Analysis and Recommended Actions

    Rosenberg, Nathan
    Using Mississippi as a case study, this paper describes the potential for expanding farm to school and provides recommendations for state and local actions to encourage its growth. Part I provides a brief background of farm to school programs in the United States and the benefits of such programs to education, children’s health and economic development. Part II reviews federal regulations and statutes relevant to farm to school programs and discusses new federal legislation designed to encourage farm to school activities. Part III provides an overview of school food purchasing, including coverage of the extent to which schools currently purchase...

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