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Articles 1 - 30 of 56
Full-Text Articles in Entire DC Network
A Tale Of Two Lawyers, Paul D. Carrington
Foreign Investment Cycles In Emerging Economies, Amy L. Chua
Foreign Investment Cycles In Emerging Economies, Amy L. Chua
Faculty Scholarship
No abstract provided.
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Faculty Scholarship
The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …
Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler
Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler
Faculty Scholarship
Arguments for judicial restraint point to some kind of judicial deficit (such as a democratic or an epistemic deficit) as grounds for limiting judicial review. ("Judicial review" is used in this Article to mean, essentially, the judicial invalidation of statutes, rules, orders and actions in virtue of the Bill of Rights, or similar unwritten criteria.). The most influential argument for judicial restraint has been the Countermajoritarian Difficulty. This is a legislature-centered argument: one that points to features of *legislatures*, as grounds for courts to refrain from invalidating *statutes*. This Article seeks to recast scholarly debate about judicial restraint, and to …
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chemerinsky
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
More Speech Is Better, Erwin Chemerinsky
More Speech Is Better, Erwin Chemerinsky
Faculty Scholarship
In this Reply, Professor Chemerinsky argues that the application of First Amendment principles to private institutions is desirable. Under traditional law, the free speech interests of private institutions are always favored over the free speech interests of individuals. Transporting First Amendment norms to the private sector is desirable because more speech is generally best and private power can chill and prevent speech just as much as government actions. Courts should balance the competing free speech interests of institutions and individuals, rather than always siding with the institution over the individual.
Federalism Not As Limits, But As Empowerment, Erwin Chemerinsky
Federalism Not As Limits, But As Empowerment, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Agency And The Unincorporated Firm: Reflections On Design On The Same Plane Of Interest, Deborah A. Demott
Agency And The Unincorporated Firm: Reflections On Design On The Same Plane Of Interest, Deborah A. Demott
Faculty Scholarship
No abstract provided.
As A Matter Of Factions: The Budgetary Implications Of Shifting Factional Control In Japan’S Ldp, Mathew D. Mccubbins, Michael F. Thies
As A Matter Of Factions: The Budgetary Implications Of Shifting Factional Control In Japan’S Ldp, Mathew D. Mccubbins, Michael F. Thies
Faculty Scholarship
For 38 years, the Liberal Democratic Party (LDP) maintained single-party control over the Japanese government. This lack of partisan turnover in government has frustrated attempts to explain Japanese government policy changes using political variables. In this paper, we look for intraparty changes that may have led to changes in Japanese budgetary policy. Using a simple model of agenda-setting, we hypothesize that changes in which intraparty factions “control” the LDP affect the party’s decisions over spending priorities systematically. This runs contrary to the received wisdom in the voluminous literature on LDP factions, which asserts that factions, whatever their raison d’être, do …
A Distant Mirror: The Bill Of Peace In Early American Mass Torts And Its Implications For Modern Class Actions, Thomas D. Rowe Jr.
A Distant Mirror: The Bill Of Peace In Early American Mass Torts And Its Implications For Modern Class Actions, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
What’S Law Got To Do With It? The Political, Social, Psychological And Other Non-Legal Factors Influencing The Development Of (Federal) Criminal Law, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Law And The Wisconsin Idea, Paul D. Carrington, Erika King
Law And The Wisconsin Idea, Paul D. Carrington, Erika King
Faculty Scholarship
No abstract provided.
The Fundamentals Of An Electronic-Based Federal Securities Act, James D. Cox
The Fundamentals Of An Electronic-Based Federal Securities Act, James D. Cox
Faculty Scholarship
No abstract provided.
Defining A Profession: Some Initial Problems, Richard A. Danner
Defining A Profession: Some Initial Problems, Richard A. Danner
Faculty Scholarship
Professor Danner looks at the literature of the profession for insight into the relationships among librarians and other information professionals in the workplace, and to see how increasing reliance on technology in the work of all information professionals (and their clients) will affect roles and relationships in the future. He draws upon examples from American law librarianship to show current trends and developments.
Introduction: Is Law An Autonomous Discipline?, Steven L. Schwarcz
Introduction: Is Law An Autonomous Discipline?, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Why The Web?, Richard A. Danner
Renaissance Matters, Richard A. Danner
The Constitutional Law Scholarship Of Thomas Mcintyre Cooley, Paul D. Carrington
The Constitutional Law Scholarship Of Thomas Mcintyre Cooley, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Agency Principles And Large Block Shareholders, Deborah A. Demott
Agency Principles And Large Block Shareholders, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Judicial Overkill In Applying The Rule In Shelley’S Case, William A. Reppy Jr.
Judicial Overkill In Applying The Rule In Shelley’S Case, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
The Constitutional Limits Of Judicial Rulemaking: The Illegitimacy Of Mass-Tort Settlements Negotiated Under Federal Rule 23, Paul D. Carrington, Derek P. Apanovitch
The Constitutional Limits Of Judicial Rulemaking: The Illegitimacy Of Mass-Tort Settlements Negotiated Under Federal Rule 23, Paul D. Carrington, Derek P. Apanovitch
Faculty Scholarship
No abstract provided.
Sustainable Consumption And The Law, James Salzman
Sustainable Consumption And The Law, James Salzman
Faculty Scholarship
No abstract provided.
The Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
The Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.
Territorial Intellectual Property Rights In An Age Of Globalism, Curtis A. Bradley
Territorial Intellectual Property Rights In An Age Of Globalism, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Renovating Discovery, Paul D. Carrington
Latinos, Blacks, Others, And The New Legal Narrative, Jerome M. Culp
Latinos, Blacks, Others, And The New Legal Narrative, Jerome M. Culp
Faculty Scholarship
No abstract provided.
Intellectual Property Rights In Data?, Jerome H. Reichman, Pamela Samuelson
Intellectual Property Rights In Data?, Jerome H. Reichman, Pamela Samuelson
Faculty Scholarship
The Authors trace the evolution of hybrid intellectual property rights protecting the contents of noncopyrightable databases from early European Commission proposals sounding in unfair competition law to the strong and potentially perpetual exclusive property right embodied in the final E.C. Directive on Databases adopted in March 1996. Also Examined are parallel legislative proposals pending before Congress and the draft international treaty on the legal protection of databases to be considered at a Diplomatic Conference hosted by the World Intellectual Property Organization in December 1996. The Authors endorse the need to provide some ancillary legal relief for investors in the generation …
Not Bad For Government Work: Does Anyone Else Think The Supreme Court Is Doing A Halfway Decent Job In Its Erie-Hanna Jurisprudence?, Thomas D. Rowe Jr.
Not Bad For Government Work: Does Anyone Else Think The Supreme Court Is Doing A Halfway Decent Job In Its Erie-Hanna Jurisprudence?, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Justice Delayed Is Justice Denied, Erwin Chemerinsky
Justice Delayed Is Justice Denied, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Lawyers Have Free Speech Rights, Too: Why Gag Orders On Trial Participants Are Almost Always Unconstitutional, Erwin Chemerinsky
Lawyers Have Free Speech Rights, Too: Why Gag Orders On Trial Participants Are Almost Always Unconstitutional, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.