Chicago-Kent law review最新文献

Reflections on Constitutional Changes to the Global Trading System - The Institutional and Jurisdictional Architecture 对全球贸易体系宪政变革的反思——制度与司法架构

Chicago-Kent law review Pub Date : 2018-01-18 DOI: 10.4324/9781315183930-5

J. Jackson

引用次数: 3

The Public Pension Crisis Through the Lens of State Constitutions and Statutory Law 从国家宪法和成文法看公共养老金危机

Chicago-Kent law review Pub Date : 2017-10-20 DOI: 10.2139/ssrn.3235418

K. Barnes

{"title":"The Public Pension Crisis Through the Lens of State Constitutions and Statutory Law","authors":"K. Barnes","doi":"10.2139/ssrn.3235418","DOIUrl":"https://doi.org/10.2139/ssrn.3235418","url":null,"abstract":"Many cities and states are attempting to address their budgetary challenges by adopting legal measures that erode public pension benefits. State and local governments have taken the position that, for the good of the people, the pensions of public employees must be substantially revised. Public pensioners have drawn upon constitutional provisions and statutes in defense of their benefits. Their success often depends upon the strength of laws pertaining to pension rights and judicial interpretation of pension provisions and other laws, which at times may not specifically relate to pensions, but are nonetheless designed to reinforce sanctity of contract principles or protect property. This paper explores the relevance of state constitutions for managing the seemingly insurmountable debt crises that some municipalities and states are facing with respect to public pensions. It analyzes the substantive differences in the way that pension rights are constructed and the role that judicial interpretation plays in the protection of those rights. It also takes a position regarding how governments should weigh the interests of public employees with those of the broader public, as they develop solutions to fiscal challenges. Finally, the paper explores where the federal government fits in this era of state and local governmental crisis.","PeriodicalId":80917,"journal":{"name":"Chicago-Kent law review","volume":"74 1","pages":"393-433"},"PeriodicalIF":0.0,"publicationDate":"2017-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77062009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Computer As Confidant: Digital Investment Advice and the Fiduciary Standard 计算机作为知己:数字投资建议和信托标准

Chicago-Kent law review Pub Date : 2017-08-15 DOI: 10.31228/osf.io/8xwf6

Nicole G. Iannarone

{"title":"Computer As Confidant: Digital Investment Advice and the Fiduciary Standard","authors":"Nicole G. Iannarone","doi":"10.31228/osf.io/8xwf6","DOIUrl":"https://doi.org/10.31228/osf.io/8xwf6","url":null,"abstract":"Digital investment advisers are the fastest growing segment of financial technology (fintech) and are disrupting traditional investment advisory delivery models. The computer-led investment advisory service model may be growing particularly quickly due to a confluence of social and political factors. Politicians and regulators have increasingly focused on the standards of care applicable to investment advice providers. Fewer Americans are ready for retirement and many lack access to affordable investment advice. At the same time, comfort with digital platforms have increased, with some preferring electronic interaction over human interaction. Claiming that they can democratize retirement service by providing advice meeting a fiduciary standard at a fraction of the traditional pricing model, robo-advisers hope to capitalize on these social movements and argue that they provide a solution: conflict-free advice to investors with portfolios of all sizes. Though they have voluntarily subjected themselves to the requirements of the Investment Advisers Act of 1940 (1940 Act), questions remain as to how robo-advisers will meet the fiduciary standard required by such registration. The essay recommends a two-pronged approach for the regulation of robo-advisers in the near term. First, existing regulatory tools such as examination, enforcement, and disclosure should be deployed to robustly explore the sufficiency and malleability of their existing parameters before crafting any new regulatory schemes. Second, the disclosure device should be studied to determine whether the intended beneficiary of the disclosure, retail consumers, comprehend the information being disclosed to them and whether changes to the format, delivery, and/or content of disclosures would better protect consumer investors.","PeriodicalId":80917,"journal":{"name":"Chicago-Kent law review","volume":"27 1","pages":"141"},"PeriodicalIF":0.0,"publicationDate":"2017-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85648250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 9

Traces of Violence: Gadamer, Habermas, and the Hate Speech Problem: III. Hermeneutics and Critique in Legal Practice 暴力的痕迹:伽达默尔、哈贝马斯与仇恨言论问题(三)。法律实践中的解释学与批判

Chicago-Kent law review Pub Date : 2017-07-05 DOI: 10.4324/9781315093765-14

R. Wright

引用次数: 6

Dignity Takings, Dignity Restoration: A Tort Law Perspective 尊严侵占、尊严恢复:侵权法视角

Chicago-Kent law review Pub Date : 2017-01-01 DOI: 10.31228/osf.io/gfhvx

V. Hans

引用次数: 0

Some Limitations of Experimental Psychologists' Criticism of the American Trial 实验心理学家对美国审判批判的一些局限性

Chicago-Kent law review Pub Date : 2015-01-05 DOI: 10.2139/SSRN.2545879

R. Burns

引用次数: 0

Taking Commercial Law Seriously: From Jurisprudence to Pedagogy 认真对待商法:从法学到教育学

Chicago-Kent law review Pub Date : 2014-11-02 DOI: 10.2139/SSRN.2518174

Dennis Patterson

引用次数: 0

Third Party Funding of Personal Injury Tort Claims: Keep the Baby and Change the Bathwater 人身伤害侵权索赔的第三方资助:留孩子换洗澡水

Chicago-Kent law review Pub Date : 2013-11-17 DOI: 10.2139/SSRN.2304930

T. Cain

{"title":"Third Party Funding of Personal Injury Tort Claims: Keep the Baby and Change the Bathwater","authors":"T. Cain","doi":"10.2139/SSRN.2304930","DOIUrl":"https://doi.org/10.2139/SSRN.2304930","url":null,"abstract":"In the early 1990s, a period of high-risk lending at high interest rates, a new entrant emerged in civil litigation: the Litigation Finance Company (“LFC”). LFCs advance money to plaintiffs involved in contingency fee litigation. The money is provided on a non-recourse basis, meaning the plaintiff repays the LFC only if she obtains money from the lawsuit through a settlement, judgment, or verdict. If the plaintiff does not recover anything, she will not owe the LFC anything. When she does repay the LFC, however, she could end up paying as much as 280% of the amount advanced by the LFC. As one can see, LFCs make a lot of money. It is estimated that as of 2011, the total amount of outstanding advances exceeded $1 billion with $100 million being advanced annually. LFCs, like banks and credit card issuers, loan money to consumers with the expectation of being repaid the amount borrowed plus interest. Unlike banks and credit card issuers, however, LFCs are largely unregulated. The federal government does not regulate LFCs at all, and only Maine, Ohio, and Nebraska have enacted legislation regulating LFCs that operate in their respective states. What LFCs do is controversial, and the academic commentary about them is voluminous. Some commentators argue that LFCs should be abolished. Others say LFCs are the byproduct of willing sellers and willing buyers engaging in market transactions. Yet another group of commentators say LFCs serve a salutary purpose, but should be regulated like other entities that loan money to consumers. It is probably unrealistic to think that LFCs will be abolished, thus the question becomes whether they should be regulated, and if so, by whom. This paper posits that LFCs should be regulated by the Bureau of Consumer Financial Protection, the Federal Trade Commission, or both. Federal regulation is necessary in order to provide a uniform set of rules that provide protection to consumers while also allowing LFCs the freedom to provide the funding that consumers have shown they are willing to seek and accept.","PeriodicalId":80917,"journal":{"name":"Chicago-Kent law review","volume":"14 1","pages":"11"},"PeriodicalIF":0.0,"publicationDate":"2013-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86736564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 17

Developing an E-Curriculum: Reflections on the Future of Legal Education and on the Importance of Digital Expertise 开发电子课程:对法律教育未来和数字专业知识重要性的思考

Chicago-Kent law review Pub Date : 2013-04-22 DOI: 10.2139/SSRN.2255005

O. Goodenough

引用次数: 5

Open Secret: Why the Supreme Court Has Nothing to Fear From the Internet 公开的秘密:为什么最高法院对互联网无所畏惧

Chicago-Kent law review Pub Date : 2012-11-25 DOI: 10.2139/SSRN.2180631

Keith J. Bybee

{"title":"Open Secret: Why the Supreme Court Has Nothing to Fear From the Internet","authors":"Keith J. Bybee","doi":"10.2139/SSRN.2180631","DOIUrl":"https://doi.org/10.2139/SSRN.2180631","url":null,"abstract":"The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the underderstanding that the justices render decisions on the basis of political preference rather than according to legal principle and impartial reason. Yet this political understanding of the Court cannot be revealed by greater transparency because this understanding is already broadly held and co-exists with the popular view that the Court is an impartial arbiter. The notion that the justices are influenced by politics is, in short, an open secret. Rather than wondering how judicial legitimacy might survive in an era when information continuously floods into the public sphere, I argue that the better question is how judicial legitimacy can be maintained in the first place when the judiciary is widely understood to be partisan and impartial at the same time.","PeriodicalId":80917,"journal":{"name":"Chicago-Kent law review","volume":"25 1","pages":"309"},"PeriodicalIF":0.0,"publicationDate":"2012-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82696062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1