Category: Volume 67, Issue 2
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California Constitutional Law: The Right to an Adequate Education
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Anne D. Gordon Volume 67, Issue 2, 323-66 Plaintiffs’ victory in Vergara v. State, a case about teacher evaluation and employment regulations, has thrust the issue of educational adequacy into the spotlight in California. Campaign for Quality Education v. State, a case based on the California Constitution’s education clause, has been fully briefed…
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Inconsistency and Angst in District Court Resolution of Social Security Disability Appeals
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Harold J. Krent and Scott Morris Volume 67, Issue 2, 367-406 This study of federal court decisionmaking asks whether characteristics of a jurist including age, race, gender, and work experience, can affect results in the context of the nation’s most frequently litigated administrative law dispute—social security disability claims. SSDI cases by and large…
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Remedial Clauses: The Overprivatization of Private Law
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Seana Valentine Shiffrin Volume 67, Issue 2, 407-42 This Article considers the growing trend to enforce liquidated damages agreements or what I think are more felicitously called “remedial clauses.” I criticize this trend on the grounds that a permissive approach to enforcing remedial clauses contravenes important public values. Although many have claimed the…
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Network Equality
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Olivier Sylvain Volume 67, Issue 2, 443-98 One of the clear goals of the federal Communications Act is to ensure that all Americans have reasonably comparable access to the Internet without respect to whom or where they are. Yet the main focus of policymakers and legal scholars of Internet policy today has been…
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Beyond Control and Without Fault or Negligence: Why Japan Should Be Excused from Meeting Its Kyoto Protocol Obligations
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Regina Durr Volume 67, Issue 2, 499-530 The purpose of this Note is to show how force majeure can excuse Japan from its reduced CO2 emissions target due under the Kyoto Protocol. The Kyoto Protocol is the first and only binding international agreement to reduce CO2 emissions amongst industrialized and developing countries. This…
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Sex Trafficking Legislation Under the Scope of the Harm Principle and Moral Panic
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Lesley Rae Hamilton Volume 67, Issue 2, 531-64 On May 20, 2014 the House of Representatives passed the Stop Advertising Victims of Exploitation Act of 2014 (“SAVE Act”). The SAVE Act would have amended the federal criminal code to prohibit “advertising commercial sex acts involving a minor or an individual engaged in such…