Overview of US Law Book
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Recommended Citation
Ellen S. Podgor and J. R. Swanegan (eds.), Overview of US Law (2nd ed., Carolina Academic Press, 2019)Clicking on the button will copy the full recommended citation.
2019
Supreme Court News Article
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Louis J. Virelli and David S. Rubenstein, Supreme Court News, 44 Administrative & Regulatory Law News 22 (2019)Clicking on the button will copy the full recommended citation.
Osha, the Opportunism Police Article
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Jason Bent, Osha, the Opportunism Police, 2019 BYU L. Rev. 365 (2019)Clicking on the button will copy the full recommended citation.
When is paternalistic regulation of risky work justified, and who should get to decide that question? The prevailing economic account of OSHA regulation is that market interventions are justified only by spillover and informational market failures. This article challenges that prevailing account by contending that worker safety regulations are also justified where necessary to enforce the relational expectations of employees, which are shaped not only by formal contract but also by social norms and norms internal to the employment relationship. Drawing on the relational theory of contract, this article identifies an underappreciated purpose for employment law: anti-opportunism. If preventing relational opportunism is a valid purpose for workplace safety law, then OSHA regulation is justified in a broader range of circumstances than has been generally assumed under more traditional analyses. This article contends that regulation is justified where necessary to prevent employers from engaging in self-interested behavior that runs contrary to the parties’ relational expectations. Applying this standard is a highly context-specific, fact-dependent task, which makes Congress' decision to delegate enforcement authority to OSHA appropriate.
Deregulating Corruption Article
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Ciara Torres-Spelliscy, Deregulating Corruption, 13 Harv. L. & Pol'y Rev. 471 (2019)Clicking on the button will copy the full recommended citation.
The Roberts Supreme Court has, or to be more precise the five most conservative members of the Roberts Court have, spent the last twelve years branding and rebranding the meaning of the word “corruption” both in campaign finance cases and in certain white-collar criminal cases. Not only are the Roberts Court conservatives doing this over the strenuous objections of their more liberal colleagues, they are also breaking with the Rehnquist Court’s more expansive definition of corruption. The actions of the Roberts Court in defining corruption to mean less and less have been a welcome development among dishonest politicians. In criminal prosecutions, politicians convicted of honest services fraud and other crimes are all too eager to argue to courts that their convictions should be overturned in light of the Supreme Court’s lax definition of corruption. In some cases, jury convictions have been set aside for politicians who cite the Supreme Court’s latest campaign finance and white-collar crime cases, especially Citizens United v. FEC and McDonnell v. United States. This Article explores what the Supreme Court has done to rebrand corruption, as well as how this impacts the criminal prosecutions of corrupt elected officials. This Article is the basis of a chapter of Professor Torres-Spelliscy’s second book, Political Brands, which will be published by Edward Elgar Publishing in late 2019.
What Does it Mean to be Sustainable: The Relationship Between Corporations and Indigenous People Book Chapter
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Recommended Citation
Grant Christensen, What Does it Mean to be Sustainable: The Relationship Between Corporations and Indigenous People, in Cambridge Handbook of Corporate Law, Corporate Governance, and Sustainability (Beate Sjåfjell and Chritopher M. Bruner eds., Cambridge University Press, 2019)Clicking on the button will copy the full recommended citation.
Historically indigenous people have been mostly acted upon by corporations, but increasingly indigenous people are themselves emerging as corporate actors. With this emergence comes new perspectives on corporate law, corporate governance, and sustainability that reimagine the role of the shareholder, the responsibilities of the board, and the ethics of corporate action. Indigenous people enact their own autochthonous law to govern corporate behavior and enforce these laws in their own legal systems. As indigenous people emerge as corporate actors, they will learn from existing corporate behavior, but their chthonic approaches to corporate law and governance also have much to teach other communities about how to achieve sustainable corporate action. This chapter explores the unique indigenous perspective on corporations and sustainability.
From a Mint on a Hotel Pillow to an Emolument Article
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Ciara Torres-Spelliscy, From a Mint on a Hotel Pillow to an Emolument, 70 Mercer L. Rev. 705 (2019)Clicking on the button will copy the full recommended citation.
Is President Trump illegally profiting from the Presidency? Answering this question actually requires complex constitutional interpretation that breaks new legal ground and could change the rules for all future presidents.1The answer may also impact thosewho wish to deal with President Trump’s businesses. Depending on the outcome of cases invoking the Constitution’s two Emoluments Clauses,2many commercial interactions with the Trump Organization that are kosher today, may be ruled unconstitutional tomorrow.
This piece explores the early litigation over whether President Trump violated both the foreign emoluments clause and the domestic emoluments clause of the U.S. Constitution. Litigation over these matters was still on-going in 2020.
Tribal Court Litigation Book Chapter
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Grant Christensen et al., Tribal Court Litigation, in Recent Developments in Business and Corporate Litigation (American Bar Association, Business Law Section, 2019)Clicking on the button will copy the full recommended citation.
Source-Relational Ethos in Judicial Opinions Article
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Anne E. Mullins, Source-Relational Ethos in Judicial Opinions, 54 Wake Forest L. Rev. 1089 (2019)Clicking on the button will copy the full recommended citation.
Cases and Problems in Criminal Procedure: The Police Book
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Myron Moskovitz et al., Cases and Problems in Criminal Procedure: The Police (Carolina Academic Press, 2019)Clicking on the button will copy the full recommended citation.
Opportunity in the Age of Alternative Facts Article
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Anne E. Mullins, Opportunity in the Age of Alternative Facts, 58 Washburn L.J. 577 (2019)Clicking on the button will copy the full recommended citation.