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Articles 31 - 60 of 111
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Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy Meyer
Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy Meyer
Faculty Scholarship
No abstract provided.
Immigration Law And The Regulation Of Marriage, Kerry Abrams
Immigration Law And The Regulation Of Marriage, Kerry Abrams
Faculty Scholarship
No abstract provided.
Structural Reform Prosecution, Brandon L. Garrett
Structural Reform Prosecution, Brandon L. Garrett
Faculty Scholarship
In what I call a structural reform prosecution, prosecutors secure the cooperation of an organization in adopting internal reforms. No scholars have considered the problem of prosecutors seeking structural reform remedies, perhaps because until recently organizational prosecutions were themselves infrequent. In the past few years, however, federal prosecutors adopted a bold new prosecutorial strategy under which dozens of leading corporations entered into demanding settlements, including AIG, American Online, Bristol-Myers Squibb Co., Computer Associates, HealthSouth, KPMG, MCI, Merrill Lynch & Co, Monsanto, and Time Warner. To situate the DOJ's latest strategy, I frame alternatives to the pursuit of structural reform remedies …
Law School Libraries 2007, Richard A. Danner
Law School Libraries 2007, Richard A. Danner
Faculty Scholarship
The primary mission of the law school library is to meet the information needs of the faculty and students of the institution it supports. In addition to their role in educating future lawyers, law schools are the major producers of scholarly literature in law and rely on academic law libraries to provide the resources and support needed for research and publication. Beyond support for the core functions of legal education and research, the specific missions of law school libraries vary depending on the size and missions of law schools of different types. Differences among law schools result in differences among …
State And Foreign Class-Action Rules And Statutes: Differences From - And Lessons For? - Federal Rule 23, Thomas D. Rowe Jr.
State And Foreign Class-Action Rules And Statutes: Differences From - And Lessons For? - Federal Rule 23, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
A Teacher (A Tribute To James Boyd White), H. Jefferson Powell
A Teacher (A Tribute To James Boyd White), H. Jefferson Powell
Faculty Scholarship
Tribute to Professor J.B. White
The Doha Round’S Public Health Legacy: Strategies For The Production And Diffusion Of Patented Medicines Under The Amended Trips Provisions, Jerome H. Reichman, Frederick M. Abbott
The Doha Round’S Public Health Legacy: Strategies For The Production And Diffusion Of Patented Medicines Under The Amended Trips Provisions, Jerome H. Reichman, Frederick M. Abbott
Faculty Scholarship
This entry into force of the World Trade Organization (WTO) TRIPS Agreement in 1995 transformed the international intellectual property system. The harmonization of basic intellectual property standards has operated to protect investment in innovation, limiting risks from unjustified 'free riding.' Yet these same harmonized IP standards sharply curtailed the traditional capacity of suppliers of public goods, such as health care and nutrition, to address the priority needs of less affluent members of society, particularly in (but not limited to) developing countries. In the Doha Declaration, the Waiver Decision of 30 August 2003 and the Article 31bis Protocol of Amendment, stakeholders …
The State-Created Danger Doctrine, Erwin Chemerinsky
The State-Created Danger Doctrine, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Theory And Practice Of Tax Reform, Lawrence A. Zelenak
The Theory And Practice Of Tax Reform, Lawrence A. Zelenak
Faculty Scholarship
Reviewing, President's Advisory Panel on Federal Tax Reform, Simple, Fair, and Pro-Growth: Proposals to Fix America's Tax System (2005).By The President’s Advisory Panel on Federal Tax Reform. 2005. Available at: http://www.taxreformpanel.gov/final-report/
Appellate Courts, Michael E. Tigar
A Constitutional Conundrum Of Second Amendment Commas: A Short Epistolary Report, William W. Van Alstyne
A Constitutional Conundrum Of Second Amendment Commas: A Short Epistolary Report, William W. Van Alstyne
Faculty Scholarship
Prompted by the court’s decision in Parker v. District of Columbia, this series of correspondence discusses the effect possible forms of punctuation may have on the Second Amendment. The article makes comments on the important grammars during the founding and also two possible writings of the Second Amendment that contain different sets of punctuation.
Purposes And Effects In Criminal Law, Samuel W. Buell
Purposes And Effects In Criminal Law, Samuel W. Buell
Faculty Scholarship
This brief comment, published in the Virginia Law Review's online companion, responds to Richard Bierschbach's and Alex Stein's article, Mediating Rules in Criminal Law.
The Constitution Outside The Constitution, Ernest A. Young
The Constitution Outside The Constitution, Ernest A. Young
Faculty Scholarship
Countries lacking a single canonical text define the “constitution” to include all laws that perform the constitutive functions of creating governmental institutions and conferring rights on individuals. The British Constitution, for example, includes a variety of constitutive statutes, such as the Magna Carta and the Parliament Acts. This Article proposes a thought experiment: what if we defined the U.S. Constitution by function, rather than by form? Viewed from this perspective, “the Constitution” would include not only the canonical document but also a variety of statutes, executive materials, and practices that structure our government. What these constitutive materials lack is a …
Why De Minimis?, Matthew D. Adler
Why De Minimis?, Matthew D. Adler
Faculty Scholarship
De minimis cutoffs are a familiar feature of risk regulation. This includes the quantitative individual risk thresholds for fatality risks employed in many contexts by EPA, FDA, and other agencies, such as the 1-in-1 million lifetime cancer risk cutoff; extreme event cutoffs for addressing natural hazards, such as the 100 - year - flood or 475 - year - earthquake; de minimis failure probabilities for built structures; the exclusion of low - probability causal models; and other policymaking criteria. All these tests have a common structure, as I show in the Article. A de minimis test, broadly defined, tells the …
Policy Analysis For Natural Hazards: Some Cautionary Lessons From Environmental Policy Analysis, Matthew D. Adler
Policy Analysis For Natural Hazards: Some Cautionary Lessons From Environmental Policy Analysis, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Mae Ngai's Impossible Subjects: Illegal Aliens And The Making Of Modern America, Kerry Abrams
Mae Ngai's Impossible Subjects: Illegal Aliens And The Making Of Modern America, Kerry Abrams
Faculty Scholarship
No abstract provided.
Book Review, Jennifer L. Behrens
Synthetic Biology: Caught Between Property Rights, The Public Domain, And The Commons, Arti K. Rai, James Boyle
Synthetic Biology: Caught Between Property Rights, The Public Domain, And The Commons, Arti K. Rai, James Boyle
Faculty Scholarship
Synthetic biologists aim to make biology a true engineering discipline. In the same way that electrical engineers rely on standard capacitors and resistors, or computer programmers rely on modular blocks of code, synthetic biologists wish to create an array of modular biological parts that can be readily synthesized and mixed together in different combinations. Synthetic biology has already produced important results, including more accurate AIDS tests and the possibility of unlimited supplies of previously scarce drugs for malaria. Proponents hope to use synthetic organisms to produce not only medically relevant chemicals but also a large variety of industrial materials, including …
Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca E. Bignami
Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca E. Bignami
Faculty Scholarship
This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting -- the Data Retention Directive. Based on a detailed examination of the Directive's legislative …
Legal Information And The Development Of American Law: Writings On The Form And Structure Of The Published Law, Richard A. Danner
Legal Information And The Development Of American Law: Writings On The Form And Structure Of The Published Law, Richard A. Danner
Faculty Scholarship
Robert C. Berring's writings about the impacts of electronic databases, the Internet, and other communications technologies on legal research and practice are an essential part of a larger literature that explores the ways in which the forms and structures of published legal information have influenced how American lawyers think about the law. This paper reviews Berring's writings, along with those of other writers concerned with these questions, focusing on the implications of Berring's idea that in the late nineteenth century American legal publishers created a "conceptual universe of thinkable thoughts" through which U.S. lawyers came to view the law. It …
Think Globally, Act Globally: The Limits Of Local Climate Policies, Jonathan B. Wiener
Think Globally, Act Globally: The Limits Of Local Climate Policies, Jonathan B. Wiener
Faculty Scholarship
State-level actions to address global climate change, such as laws and litigation recently undertaken by California and by several Northeastern states to limit greenhouse gas (GHG) emissions, reflect creative legal strategies understandably intended to achieve a major environmental objective while the US federal government has not joined the Kyoto Protocol and has not yet adopted national legislation. But even assuming that forestalling global climate change is urgently needed, state-level action is not the best way to do so. Acting locally is not well suited to regulating moveable global conduct yielding a global externality. Legally, state-level action confronts several obstacles, including …
Rebuilding Illinois Brick: A Functionalist Approach To The Indirect Purchaser Rule, Barak D. Richman, Christopher R. Murray
Rebuilding Illinois Brick: A Functionalist Approach To The Indirect Purchaser Rule, Barak D. Richman, Christopher R. Murray
Faculty Scholarship
The landmark case of Illinois Brick Co. v. Illinois, which denied standing to indirect purchasers to sue antitrust violators, has been subjected to steady and widespread criticism since it was decided in 1977. Despite three decades of dissatisfaction, however, debate over indirect purchaser standing has failed to generate satisfying solutions that meet the objectives of antitrust law and reflect its underlying principles. We attribute the lack of creative alternatives to an undue emphasis on legal formalism, fostered both by the Supreme Court's elaboration of the indirect purchaser rule and the doctrine's failure to recognize the pervasiveness of multilayer supply chains. …
Asbestos Lessons: The Consequences Of Asbestos Litigation, Paul D. Carrington
Asbestos Lessons: The Consequences Of Asbestos Litigation, Paul D. Carrington
Faculty Scholarship
Abstract not available
The First Restatement Of Agency: What Was The Agenda?, Deborah A. Demott
The First Restatement Of Agency: What Was The Agenda?, Deborah A. Demott
Faculty Scholarship
No abstract provided.
An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Challenging Direct Democracy, Erwin Chemerinsky
Challenging Direct Democracy, Erwin Chemerinsky
Faculty Scholarship
I want to argue today that direct democracy is undesirable and unconstitutional. I want to argue to you that the Supreme Court should find that the Michigan Civil Rights Initiative is unconstitutional, and strike it down. So I want to make two points. First, I am going to argue that direct democracy is undesirable. This is a normative argument; it’s not an argument about constitutional doctrine. Second, I want to argue that direct democracy is unconstitutional, and make a series of different arguments as to why.
Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler
Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Injunctions In Defamation Cases, Erwin Chemerinsky
Injunctions In Defamation Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Contracts Without Law: Sovereign Versus Corporate Debt, Mitu Gulati, George G. Triantis
Contracts Without Law: Sovereign Versus Corporate Debt, Mitu Gulati, George G. Triantis
Faculty Scholarship
Although extralegal enforcement is widely acknowledged, the conventional understanding of written contract provisions, such as the complex and detailed provisions in bond contracts, is that they are drafted to be enforced by law. This framing neglects the value of contracts in shaping extralegal forces, particularly where litigation is unlikely or not possible. Sovereign debt contracts provide an example in which lengthy and detailed contracts play a key role even though the debtor is largely litigation-proof. We examine how contract provisions in sovereign debt contracts improve the efficiency of creditor control outside the realm of legal enforcement.
Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Faculty Scholarship
No abstract provided.