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Overcriminalization takes many forms and impacts the American criminal justice system in varying ways. This article focuses on a select portion of this phenomenon by examining two types of overcriminalization prevalent in white collar criminal law. The first type of over criminalization...
Persistent link: https://www.econbiz.de/10013051923
Many commentators surmise a relationship between the style of judicial opinions and their legal impact or precedential power. However, little empirical work has been done to explore this relationship quantitatively. If writing style matters legally, we should expect elements of style to vary...
Persistent link: https://www.econbiz.de/10012899024
To this day, Lord Denning's opinion in Lloyds Bank v Bundy remains a staple of first-year Contracts courses in law faculties across the common law world. After surveying doctrines such as duress, undue influence, and unconscionable bargains, Denning posited that they were instances of an...
Persistent link: https://www.econbiz.de/10012899424
Payday lending may provide a much-needed safety net for some consumers in need of quick cash for emergencies. However, data suggest that most payday loan borrowers become repeat users caught in a cycle of high-cost debt. Furthermore, empirical evidence indicates consistent overrepresentation of...
Persistent link: https://www.econbiz.de/10013060432
This article tells the story of University of Strathclyde Mediation Clinic through the eyes of its founder. Taking its first case in 2012, by the start of 2021 it will be providing a free mediation service in 16 of Scotland’s 39 sheriff courts, covering more than half the country's population....
Persistent link: https://www.econbiz.de/10014355214
Voters use ballots to choose their preferred candidates or to express support or opposition to ballot initiatives and referenda. There are many and diverse rules for how these people or items appear on the ballot in the first place—who can obtain “ballot access.” Once states began printing...
Persistent link: https://www.econbiz.de/10014356940
The Ninth Circuit Court of Appeals recently held in an en banc ruling that district courts wield significant discretion when deciding whether to certify a class action containing potentially uninjured class members. The opinion rejected a “de minimis” rule, which, according to Defendants,...
Persistent link: https://www.econbiz.de/10014358085
The strangest airline route in America is between Pago Pago and the Manu’a Islands in American Samoa. No U.S. carrier serves this “domestic” route. Therefore, it is the only route between two points in the United States (or, more accurately, its territories) that is regularly scheduled...
Persistent link: https://www.econbiz.de/10014361231
COVID-19 nearly wiped out demand for commercial air travel in 2020, driving down passenger traffic by a jaw-dropping 94.3% from the previous year. The airline industry thus understandably lobbied for a government bailout to manage what was nothing short of an existential crisis, with losses...
Persistent link: https://www.econbiz.de/10014361263
Depending on where in the United States one is located on any given Sunday or Christian holiday, it is against the law to buy a beer or a car, go shopping, hunt, or even play Bingo. This prohibition is a direct result of Blue Laws, alternatively called Sunday Closing Laws or Lord’s Day Acts....
Persistent link: https://www.econbiz.de/10014242282