Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional law (5)
- Courts (5)
- Executive power (4)
- International law (4)
- Cost effectiveness (3)
-
- Empirical (3)
- Federal government (3)
- Medical economics (3)
- United States. Congress (3)
- Well-being (3)
- Apportionment (Election law) (2)
- Corporation law--Criminal provisions (2)
- Jury (2)
- Mass media (2)
- Policy sciences (2)
- Political science (2)
- Property (2)
- Race discrimination (2)
- Right of property (2)
- Securities fraud (2)
- Social welfare (2)
- Supreme Court (2)
- Treaties (2)
- United States (2)
- War on Terrorism (2001-2009) (2)
- Welfare economics (2)
- Administration of--Government policy (1)
- Administrative decisions (1)
- Administrative law (1)
- African American lawyers (1)
Articles 1 - 30 of 141
Full-Text Articles in Entire DC Network
Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Faculty Scholarship
This Article uses an interdisciplinary approach to explain why the International Labor Organization (ILO) has been given surprisingly short shrift in recent debates over the role of IOs in addressing the many transborder collective action problems that globalization has fostered. I review the ILO's past and its present with two broad objectives in mind. First, I seek to correct a misperception among international lawyers and legal scholars that the ILO is a weak and ineffective institution. The organization's effectiveness in creating and monitoring international labor standards has fluctuated widely during its nearly ninety-year existence. Over the last decade, however, the …
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Faculty Scholarship
This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should …
Constitutional Fidelity, The Rule Of Recognition, And The Communitarian Turn In Contemporary Positivism, Matthew D. Adler
Constitutional Fidelity, The Rule Of Recognition, And The Communitarian Turn In Contemporary Positivism, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Inequality And Uncertainty: Theory And Legal Applications, Matthew D. Adler, Chris William Sanchirico
Inequality And Uncertainty: Theory And Legal Applications, Matthew D. Adler, Chris William Sanchirico
Faculty Scholarship
"Welfarism" is the principle that social policy should be based solely on individual well-being, with no reference to 'fairness" or "rights." The propriety of this approach has recently been the subject of extensive debate within legal scholarship. Rather than contributing (directly) to this debate, we identify and analyze a problem within welfarism that has received far too little attentioncall this the "ex ante/ex post" problem. The problem arises from the combination of uncertainty-an inevitable feature of real policy choice-and a social preference for equality. If the policymaker is not a utilitarian, but rather has a "social welfare function" that is …
Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet
Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet
Faculty Scholarship
Researchers studying human behavioral genetics have made significant scientific progress in enhancing our understanding of the relative contributions of genetics and the environment in observed variations in human behavior. Quickly outpacing the advances in the science are its applications in the criminal justice system. Already, human behavioral genetics research has been introduced in the U.S. criminal justice system, and its use will only become more prevalent. This essay discusses the recent historical use of behavioral genetics in criminal cases, recent advances in two gene variants of particular interest in the criminal law, MAOA and SLC6A4, the recent expert testimony on …
When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo
When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo
Faculty Scholarship
This paper analyzes how electronic rulemaking is affecting the propensity of interest groups to file comments and replies at the Federal Communications Commission. The paper shows that exogenous events and a handful of issues drive filing behavior. Implications of the analysis are discussed.
An Excuse-Centered Approach To Transitional Justice, David Gray
An Excuse-Centered Approach To Transitional Justice, David Gray
Faculty Scholarship
"Transitional justice" asks what successor regimes, committed to human rights and the rule of law, can and should do to seek justice for atrocities perpetrated by and under their predecessors. The normal instinct is to prosecute criminally everyone implicated in past wrongs; but practical conditions in transitions make this impossible. As a result, most transitions pursue hybrid approaches, featuring prosecutions of those "most responsible," amnesties, truth commissions, and reparations. This approach is often condemned as a compromise against justice. This article advances a transitional jurisprudence that justifies the hybrid approach by taking normative account of the unique conditions that define …
Thirst: A Short History Of Drinking Water, James Salzman
Thirst: A Short History Of Drinking Water, James Salzman
Faculty Scholarship
From earliest times, human societies have faced the challenge of supplying adequate quality and quantities of drinking water. Whether limited by arid environments or urbanization, provision of clean drinking water is a prerequisite of any enduring society, but it is a daunting task for drinking water is a multi-faceted resource. Drinking water is most obviously a physical resource, one of the few truly essential requirements for life. Drinking water is also a cultural resource, of religious significance in many societies. A social resource, access to water reveals much about membership in society. A political resource, the provision of water to …
American Law (United States), Ralf Michaels
A Pattern Of Parity And Particularity, In Who’S Ahead In Environmental Protection: The United States Or The European Union?, Jonathan B. Wiener
A Pattern Of Parity And Particularity, In Who’S Ahead In Environmental Protection: The United States Or The European Union?, Jonathan B. Wiener
Faculty Scholarship
A debate on the issue of who is ahead in environmental policy with contributions by Michael S. Caplan, Robert Donkers, Meaghan Purvis, Ernie Rosenberg and Jonathan B. Wiener
Credit Where It’S Due: The Law And Norms Of Attribution, Catherine Fisk
Credit Where It’S Due: The Law And Norms Of Attribution, Catherine Fisk
Faculty Scholarship
The reputation we develop by receiving credit for the work we do proves to the world the nature of our human capital. If professional reputation were property, it would be the most valuable property that most people own because much human capital is difficult to measure. Although attribution is ubiquitous and important, it is largely unregulated by law. In the absence of law, economic sectors that value attribution have devised non-property regimes founded on social norms to acknowledge and reward employee effort and to attribute responsibility for the success or failure of products and projects. Extant contract-based and norms-based attribution …
Harnessing And Sharing The Benefits Of State Sponsored Research, Arti K. Rai, Rebecca S. Eisenberg
Harnessing And Sharing The Benefits Of State Sponsored Research, Arti K. Rai, Rebecca S. Eisenberg
Faculty Scholarship
In recent years data-sharing has been a recurring focus of struggle within the scientific research community as improvements in information technology and digital networks have expanded the ways that data can be produced, disseminated, and used. Information technology makes it easier to share data in publicly accessible archives that aggregate data from multiple sources. Such sharing and aggregation facilitate observations that would otherwise be impossible. But data disclosure poses a dilemma for scientists. Data have long been the stock in trade of working scientists, lending credibility to their claims while highlighting new questions that are worthy of future research funding. …
Eu Law As Private International Law? Re-Conceptualising The Country-Of-Origin Principle As Vested Rights Theory, Ralf Michaels
Eu Law As Private International Law? Re-Conceptualising The Country-Of-Origin Principle As Vested Rights Theory, Ralf Michaels
Faculty Scholarship
One of the most pertinent issues in contemporary European conflict of laws is the tension between Community law and traditional choice of law rules. The biggest problem comes not from the transposition of member state rules on choice of law into methodologically comparable EC Regulations, but rather from the so-called country-of-origin principle. This principle holds, broadly, that EU member states may not impose obligations on a provider of goods and services that go beyond the obligations imposed by the provider's home state. Originally conceived mainly with public law obligations in mind, the principle has an impact on choice of law …
The Promise (And Limits) Of Neuroeconomics, Jedediah Purdy
The Promise (And Limits) Of Neuroeconomics, Jedediah Purdy
Faculty Scholarship
Neuroeconomics - the study of brain activity in people engaged in tasks of reasoning and choice - looks set to be the next behavioral economics: a set of findings about how people make decisions that casts both light and doubt on widely accepted premises about rationality and social life. This essay explains what is most exciting about the new field and lays out some specific research tasks for it. By enabling researchers to view the mind at work, neuroeconomics calls into question the value of a methodological premise of twentieth-century empiricism, sometimes called positivism or behaviorism: that people are black …
The Oligopolistic Gatekeeper: The U.S. Accounting Profession, James D. Cox
The Oligopolistic Gatekeeper: The U.S. Accounting Profession, James D. Cox
Faculty Scholarship
The accounting and financial scandals the last few years not only produced the Sarbanes-Oxley Act, but have prompted a good deal of debate what forces led to so many dramatic reporting failures. This article is the only work to examine how the competitive structure of the accounting industry contributed to its movement from being a profession to a business that performed auditing. In the article we find not only documentation that the accounting profession is an oligopoly but a sound explanation of how its poor structure contributes significantly to negative social welfare. Throughout the article provides rich support of data …
Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel
Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel
Faculty Scholarship
This inquiry argues that current Tenth Amendment jurisprudence causes net harm to federalism values under certain circumstances. Specifically, New York v. United States and Printz v. United States protect state autonomy to some extent by requiring the federal government to internalize more of the costs of federal regulation before engaging in regulation, and by addressing any accountability problems that commandeering can cause. But anticommandeering doctrine harms state autonomy in situations where the presence of the rule triggers more preemption going forward. Preemption generally causes a greater compromise of federalism values than does commandeering by eroding state regulatory control. While it …
Two Paradigms Of Jurisdiction, Ralf Michaels
Two Paradigms Of Jurisdiction, Ralf Michaels
Faculty Scholarship
No abstract provided.
How Community Institutions Create Economic Advantage: Jewish Diamond Merchants In New York, Barak D. Richman
How Community Institutions Create Economic Advantage: Jewish Diamond Merchants In New York, Barak D. Richman
Faculty Scholarship
This paper argues that Jewish merchants have historically dominated the diamond industry because of their ability to reliably implement diamond credit sales. Success in the industry requires enforcing executory agreements that are beyond the reach of public courts, and Jewish diamond merchants enforce such contracts with a reputation mechanism supported by a distinctive set of industry, family, and community institutions. An industry arbitration system publicizes promises that are not kept. Intergenerational legacies induce merchants to deal honestly through their very last transaction, so that their children may inherit valuable livelihoods. And ultra-Orthodox Jews, for whom participation in their communities is …
A Conversation Among Deans, Katharine T. Bartlett, Edward Rubin, W. H. Knight
A Conversation Among Deans, Katharine T. Bartlett, Edward Rubin, W. H. Knight
Faculty Scholarship
On March 10, 2006, the Harvard Journal of Law & Gender, Harvard Civil Rights-Civil Liberties Law Review, and Harvard Law Review co-sponsored a conference, "Results: Legal Education, Institutional Change, and a Decade of Gender Studies," to address the number of student experience studies that detail women's lower performance in and dissatisfaction with law school. Rather than advocate for a particular set of responses to the different experiences of men and women in legal education , this conference sought to foster a discussion about the institutional challenges these patterns highlight. As a means of accomplishing this end, law school deans from …
Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley
Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy
The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy
Faculty Scholarship
In India and China, a population gap has opened between young men and women. There are now about 100 million more men than women in those countries and a few of their neighbors. Many of the "missing women" either were never born because of sex-selective abortion or died in childhood because families devote more medical and other resources to boys. "Missing women" mean men who will never marry. Socially unintegrated young men are associated with a variety of social pathologies; most importantly, they are the prime recruitment targets of nationalist and fundamentalist political groups. Conservative and reactionaries have always argued …
Kelo’S Moral Failure, Laura S. Underkuffler
“Judicial Hellholes:” Medical Malpractice Claims, Verdicts, And The “Doctor Exodus” In Illinois, Neil Vidmar, Kara Mackillop
“Judicial Hellholes:” Medical Malpractice Claims, Verdicts, And The “Doctor Exodus” In Illinois, Neil Vidmar, Kara Mackillop
Faculty Scholarship
No abstract provided.
The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett
The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett
Faculty Scholarship
No abstract provided.
Precaution Against Terrorism, Jonathan B. Wiener, Jessica Stern
Precaution Against Terrorism, Jonathan B. Wiener, Jessica Stern
Faculty Scholarship
Stunned by the terrorist attacks of September 11, 2001, the Bush administration adopted a new National Security Strategy in September 2002. The UK government took a similar stance. This new strategy calls for anticipatory attacks against potential enemies with uncertain capacities and intentions, even before their threat is imminent. Rather than wait for evidence of weapons of mass destruction, it shifts the burden of proof, obliging ‘‘rogue’’ states to show that they do not harbor weapons of mass destruction or terrorist cells, or else face the possibility of attack. This new strategy amounts to the adoption of the Precautionary Principle …
An Empirical Study Of Securities Disclosure Practice, Mitu Gulati, Stephen J. Choi
An Empirical Study Of Securities Disclosure Practice, Mitu Gulati, Stephen J. Choi
Faculty Scholarship
Using a dataset of sovereign bond offering documents and underlying bond contracts for ten sovereign issuers from 1985-2005, we examine the securities disclosure practices of issuers and attorneys. The sovereign bond market is comprised of sophisticated issuers with highly paid law firms. If anyone complies fully with federal securities disclosure requirements, we expect sovereign issuers and their attorneys to do so. On the other hand, network effects that determine what information issuers chose to disclose as well as the high cost of determining what information is required for disclosure may lead issuers to fail to meet their disclosure duties. We …
The Rat Race As An Information Forcing Device, Mitu Gulati, Scott Baker, Stephen J. Choi
The Rat Race As An Information Forcing Device, Mitu Gulati, Scott Baker, Stephen J. Choi
Faculty Scholarship
In many job settings, there will be some promotion criteria that are less amenable to measurement than others. Often, what is difficult to measure is more important. For example, possessing "good judgment" under pressure may be a better predictor of success as a law firm partner than the ability to bill a vast amount of hours. The first puzzle that this essay explores is why, in some promotion settings, organizations appear to focus on less important, but measurable, criteria such as hours billed. The answer lies in the relationship between the objectively measurable criteria on the one hand, and the …
Brown Ii: A Case Of Missed Opportunity?, Trina Jones
Brown Ii: A Case Of Missed Opportunity?, Trina Jones
Faculty Scholarship
No abstract provided.
For Lash: Who Asks The Right Questions, H. Jefferson Powell
For Lash: Who Asks The Right Questions, H. Jefferson Powell
Faculty Scholarship
A Tribute to Lewis H. LaRue