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Softening the Short Shrift: Regulating Homeowners Insurance Limits as Causes of Underinsurance
Get PDFMore D (Deliberation) for California\u27s DD (Direct Democracy): Enhancing Voter Understanding and Promoting Deliberation Through Streamlined Notice-and-Comment Procedures
Get PDFDisputing the Dispute Process: Questioning the Fairness of § 1681s-2(A)(8) and § 1681J(A)(1)(A) of the Fair and Accurate Credit Reporting Act
No full textWilliam Howard Taft and the Taft Arbitration Treaties
Get PDFPart I of this Essay explains Taft\u27s interest in international law, placing it in historical context. Part II, outlines key features of the treaties and explores the debate over their ratification. Part III then reflects on the significance of the treaties
Legislative Reform of California’s Direct Democracy: A Field Guide to Recent Efforts
Get PDFThis Article seeks to enhance the ability of California-initiative process reformers to gain wisdom from the past by briefly, yet comprehensively, reviewing recent proposals considered in the California legislature. Specifically, this field guide to initiative reform seeks to orient interested travelers to relevant California legislative exertions from 1997 to the present.\u27 Although our orientation is informed by the entire range of legislative proposals within the dataset, we give special focus to bills proposing to enhance initiative-process deliberation-the ability of voters to understand and meaningfully deliberate about initiative proposals. We also concentrate on two categories of initiative-reform legislation during the period: the five reform proposals actually enacted into law, and the twenty-five initiative-reform proposals passing both legislative houses, only to fall prey to gubernatorial veto
Contract\u27s Adaptation and the Online Bargain
Get PDFThe model of traditional contracts is that of two individuals negotiating terms that are to each party\u27s advantage. This model persists even though it no longer reflects the reality of consumer contracts. This Article traces the evolution of modern day consumer contracts and explains how courts have accommodated business needs by distorting contract law. This Article argues that the doctrine of consideration should be reconceptualized in light of new technologies and changes in doctrinal application. It concludes that in order to restore contract law\u27s legitimacy, courts must allocate the burdens of technological and doctrinal changes in a more evenhanded manner. One way to do this is to require that websites use their technical advantage to enable the consumer to indicate bargaining
Protecting Scientific Integrity: The Commercial Speech Doctrine Applied to Industry Publications
Get PDFPharmaceutical companies face increasing pressure to bring new treatments to market in order to survive. The economic reality of survival and profits may distort a company’s decision-making process regarding full disclosure on a particular new drug.
Part II of this article analyzes the publication tactics employed by some members of the pharmaceutical industry (hereinafter “industry”) and explains how some of the publications promote misleading information. Part III proposes policy recommendations to require accurate dissemination of the results of clinical trials in order to protect scientific integrity and the public welfare. Part IV of this article addresses whether industry publications are fully protected scientific speech or less fully protected commercial speech, and it concludes that the industry publications fall within the latter category
The Aftershock of Haiti\u27s Earthquake: Response Efforts in the Wake of Natural Disasters Perpetuate the Violation of Internally Displaced Persons\u27 Human Rights
Get PDFA Summary and Analysis of Warrantless Arrest Statutes for Domestic Violence in the United States
No full textIn the United States, all 50 states and the District of Columbia have enacted statutes that allow police officers to make warrantless arrests for domestic violence given probable cause; however, state laws differ from one another in multiple, important ways. Research on domestic violence warrantless arrest laws rarely describe them as anything more than discretionary, preferred, or mandatory, either within their analyses or within the texts of their publications; researchers, and their audiences, may not be aware of the vast and potentially important differences among these laws. In this article, we list the domestic violence warrantless arrest laws for each state, and discuss them in terms of five common elements: the phrasing of the arrest authority; whether additional factors to domestic violence are required to trigger the arrest authority; qualifications to the arrest authority; time limits for warrantless arrest to occur; and whether police officers are required to report why they made a dual or no arrest. We then analyze the common elements of the laws, paying particular attention to how they may encourage or discourage the arrest of alleged domestic violence perpetrators. It is critical that researchers, advocates, and policymakers are aware of these variations in state statutes when conducting or interpreting research or making policy recommendations