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Displaying 221 - 230 of 1304

Defining the Scope of Burial Rights Under the Native American Graves Protection and Repatriation Act

https://lawreview.uchicago.edu/online-archive/defining-scope-burial-rights-under-native-american-graves-protection-and
The Native American Graves Protection and Repatriation Act (NAGPRA) creates a comprehensive federal statutory scheme to protect Native American graves and accord human remains and objects of cultural patrimony “dignity and respect.”

United States v. Turkiye Halk Bankasi A.S.—the Conundrum of Foreign Sovereign Immunity in Criminal Prosecutions

https://lawreview.uchicago.edu/online-archive/united-states-v-turkiye-halk-bankasi-conundrum-foreign-sovereign-immunity-criminal
In 2019, Turkiye Halk Bankasi A.S. (“Halkbank”)—a commercial bank majority-owned by the Turkish government—was indicted for its participation in a scheme to launder billions of dollars of Iranian oil and natural gas proceeds in violation of U.S. sanctions against the Iranian government and related entities.

Post-FTC v. AMG: Consumer Redress Through Other Means

https://lawreview.uchicago.edu/online-archive/post-ftc-v-amg-consumer-redress-through-other-means
In the aftermath of a scam, consumers have government agencies in their corner fighting to refund their losses and shut down bad actors.

Volume 89.5 (September 2022) 1113-1368

https://lawreview.uchicago.edu/volume-895-september-2022-1113-1368
Articles An Information-Production Theory of Liability RulesAssaf Jacob - Harry Radzyner Law School, Reichman University (IDC).

An Information-Production Theory of Liability Rules

https://lawreview.uchicago.edu/print-archive/information-production-theory-liability-rules
tandard economic analysis views strict liability as preferable to negligence because it is easier to administer and leads to better risk reduction: strict liability induces injurers not only to optimally invest in precaution but also to optimally adjust their activity levels. Standard analysis thus views the prevalence of negligence as unjustifiable on efficiency grounds. This Article challenges the conventional wisdom and clarifies an efficiency rationale for negligence by spotlighting the information-production function of tort law.

The Public Right to Education

https://lawreview.uchicago.edu/print-archive/public-right-education
Public education is “the most important function of state and local government” and yet not a “fundamental right or liberty.” This Article engages one of constitutional law’s most intractable problems by introducing “the public right to education” as a doctrinal pathway to a constitutional right to education process in three steps.

Pretrial Detention by a Preponderance: The Constitutional and Interpretive Shortcomings of the Flight-Risk Standard

https://lawreview.uchicago.edu/print-archive/pretrial-detention-preponderance-constitutional-and-interpretive-shortcomings-flight
This Comment contends that the preponderance standard for flight risk is unconstitutional and interpretively incorrect. In cases involving similar government restrictions on physical liberty, the Supreme Court has generally required at least a “clear and convincing evidence” standard to comport with due process.

What's the Use?: Interpreting the Term "Uses" in the Aggravated Identity Theft Provision

https://lawreview.uchicago.edu/print-archive/whats-use-interpreting-term-uses-aggravated-identity-theft-provision
This Comment argues that the rule of lenity is improper in the context of the aggravated identity theft provision because a variety of interpretive tools are available and operative. For that reason, courts should apply the statute in accordance with its broad plain meaning by construing “uses” as requiring only general misuse of another person’s identifying information.

Untangling the Prison Mailbox Rules

https://lawreview.uchicago.edu/print-archive/untangling-prison-mailbox-rules
Focusing particularly on the Court’s instructions about when courts should apply a prison mailbox rule, this Comment provides a solution to each of those three issues and then combines those answers into a simple, easy-to-apply framework.

The Unconstitutional Racial Animus Behind Federal Marijuana Criminalization

https://lawreview.uchicago.edu/online-archive/unconstitutional-racial-animus-behind-federal-marijuana-criminalization
In August 2021, the Honorable Miranda M. Du, Chief Judge for the district court of the District of Nevada, struck down 8 U.S.C § 1326, the federal criminal statute that addresses “illegal reentry” into the United States.

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