From ‘American Hustle’ to the Super PAC Hustle Media
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Ciara Torres-Spelliscy, From ‘American Hustle’ to the Super PAC Hustle (2014)Clicking on the button will copy the full recommended citation.
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Ciara Torres-Spelliscy, From ‘American Hustle’ to the Super PAC Hustle (2014)Clicking on the button will copy the full recommended citation.
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Todd A. Lard et al., What to Expect When You Are Expecting State Tax Reform, 66 Tax Executive 15 (2014)Clicking on the button will copy the full recommended citation.
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Ciara Torres-Spelliscy, To Gut Conflict Minerals Rule Trade Associations Turn to First Amendment (2014)Clicking on the button will copy the full recommended citation.
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Jason Bent, Curtailing Voter Intimidation by Employers After Citizens United, 43 Stetson L. Rev. 595– (2014)Clicking on the button will copy the full recommended citation.
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Jason Bent, Hidden Priors: Toward a Unifying Theory of Systemic Disparate Treatment Law, 91 Denver University Law Review 807– (2014)Clicking on the button will copy the full recommended citation.
Did the Court’s procedural decision in Wal-Mart Stores, Inc. v. Dukes undermine the substance of the systemic disparate treatment theory of employment discrimination? The answer to that question hinges on understanding the theoretical foundation for what one scholar calls the “most potent and least understood of the various Title VII causes of action.” The current scholarly efforts to understand systemic disparate treatment law can be sorted into two distinct strands – methodological and contextualist. Scholars in the methodological strand question whether statistical techniques currently used by courts are sufficient to support an inference of discrimination. In the contextualist strand, scholars urge a conceptual expansion of the systemic disparate treatment theory that would impose liability on employers for wrongdoing located at the organizational level, rather than simply aggregating individual-level claims. These two strands have advanced independently, with scholars in each strand often overlooking the implications of progression in the other. This Article is the first attempt to unify these two scholarly strands. It does so by exposing the inescapable role of hidden Bayesian priors – preconceptions about background rates of discrimination – in the interpretation of statistical evidence. Taking a Bayesian view, the shortcomings of traditional statistical evidence identified by methodologists are not fatal. Yet, the Bayesian view also provides the conceptual space needed for further development of the organizational approach advanced by contextualists. The Wal-Mart decision presents an opportunity to radically rethink this misunderstood area of antidiscrimination law, and this Article takes the first step in developing of a coherent theory of systemic disparate treatment that embraces Bayesian priors.
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Brooke J. Bowman, ALWD Guide to Legal Citation Online Companion (2014)Clicking on the button will copy the full recommended citation.
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Mark D. Bauer, Peter Pan as Public Policy: Should 55-Plus Age Restricted Communities Continue to be Exempt from Civil Rights Laws and Substantive Federal Regulation?, in Zoning and Planning Law Handbook (Patricia E. Salkin ed., Thomson Reuters Westlaw, 2014)Clicking on the button will copy the full recommended citation.
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Brooke J. Bowman, Editor’s Note, 19 Legal Writing iv (2014)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, “The Reports of My Death Are Greatly Exaggerated”: Reading and Writing Objective Memoranda in a Mobile Computing Age, 92 Or. L. Rev. 471 (2014)Clicking on the button will copy the full recommended citation.
Is there any reason for lawyers to write legal memoranda, particularly when some lawyers report that they no longer value the “traditional” legal memo? Does the legal memorandum – a common first writing project for law students – have any application whatsoever beyond the first year of law school? Does the usefulness of the memo decrease when it is read on a mobile device?
This article takes issue with the idea that the “traditional” legal memorandum is dead. It challenges lawyers, law faculty, and law students to think more deeply about the purposes of the legal memo, its role in modern legal practice, and its readability in a mobile computing world. And it offers a view of the legal memo that draws upon not only legal practice traditions but also upon the rules of ethics, rhetorical theory, cognitive science, and on-screen readability studies.
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Peter Lake, Talking Points—Caulking the Cracks in Campus Safety, Currents Magazine (2014)Clicking on the button will copy the full recommended citation.