FREEDOM AND DEMOCRACY IN A WORLD GOVERNED BY FINANCE: HABERMAS AND THE CRISIS IN EUROPE: A FREE LABOR RESPONSE

Jürgen Habermas has recently warned that the sovereign debt crisis in Europe is transforming democratic governments into “economic governments” threatening not only economic disaster, but also the end of the world’s first supranational project – the European Union. And, according to Habermas, Europeans seem not to understand their Europe, and instead have used economic austerity as… continue reading

MANDATORY DRUG SCREENING FOR WELFARE RECIPIENTS: FISCALLY RESPONSIBLE LIMITATIONS ON GOVERNMENT HANDOUTS OR CONSTITUTIONAL VIOLATION

There is a long history of political maneuvering that surrounds social welfare legislation and government entitlement programs at both the national and state level. One aspect that has received increased attention during the recent economic downturn is mandatory drug screening, which has been a tool for politicians seeking to conserve taxpayer resources and limit the… continue reading

EFFICIENCY AND ENVIRONMENTALISM THE CASE FOR UNIFORM PROCEDURES ACTS IN STATE ENVIRONMENTAL LAWS

Imagine for a moment that you recently acquired a piece of undeveloped property. For whatever reason, you intend to improve the property by building a structure or otherwise developing the land. Wanting to do your due diligence and comply with all applicable laws, you hire a consultant of some sort to navigate the often-choppy regulatory… continue reading

SLAVE TO THE TRAFFIC LIGHT: A ROAD MAP TO RED LIGHT CAMERA LEGAL ISSUES

Today, nearly half of all states use automated traffic enforcement. In these states, cameras record vehicles as they run red lights or exceed the speed limit, and violation notices are later mailed to the registered owner. The use of cameras for automated traffic enforcement presents numerous legal issues. First, the cameras are subject to highly… continue reading

WHEN BUSINESS LICENSING LAW AND IMMIGRATION COLLIDE: SUB-FEDERAL EMPLOYER SANCTIONS LEGISLATION IN THE WAKE OF CHAMBER OF COMMERCE V. WHITING

A license is defined as any “right or permission granted in accordance with law . . . to engage in some business or occupation, to do some act, or to engage in some transaction which but for such license would be unlawful.”1 Generally, business licenses form a relatively benign background to state and local economies…. continue reading

SELECTIVE TESTING OF DNA AND ITS IMPACT ON POST-CONVICTION REQUESTS FOR TESTING

The prisons are full of men and women who profess their innocence despite having been convicted on the weight of the evidence presented by the prosecution. Yet, each year many of those found guilty are exonerated after post-conviction testing of deoxyribonucleic acid (“DNA”) evidence proves that they are innocent. The Pennsylvania Innocence Project reports that… continue reading

REDISCOVERING THE SAWYER SOLUTION: BUNDLING RISK FOR PROTECTION AND PROFIT

Author: Jeffrey W. Stempel One of the fascinating, but disheartening aspects of history is the manner in which some persons or events are continually trumpeted, even if overrated, while others are too quickly forgotten. Everyone knows about Bunker Hill, but the Battle of Saratoga was more important in turning the American Revolution in favor of… continue reading

FRACTURING AND BUNDLING RISKS: THE COVERAGE EXPECTATIONS OF THE “REAL” REASONABLE POLICYHOLDER

Author: James Davey The market for residential property insurance is well established within most Western States, and beyond. Within the United Kingdom (“UK”), it is the second largest personal line, behind motor insurance. The two dominant products are buildings insurance and contents insurance, although other forms are now appearing, such as ‘Home Emergency’ cover. In… continue reading

THE HIDDEN CONFLICT: THE SECRET INSURERS DON’T TELL INSUREDS

Authors: Michael Childress and Daniel Loucks The insurance industry operated for centuries under certain fundamental principles. An insured, looking to minimize its own risk, looks to purchase an insurance policy. The insurer issues the policy and remains profitable by spreading risks over as large a population as possible. In the event of a loss, the… continue reading