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Articles 1 - 30 of 86
Full-Text Articles in Entire DC Network
Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes
Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes
Faculty Scholarship
No abstract provided.
Constitutional Analogies In The International Legal System, Laurence R. Helfer
Constitutional Analogies In The International Legal System, Laurence R. Helfer
Faculty Scholarship
This Article explores issues at the frontier of international law and constitutional law. It considers five key structural and systemic challenges that the international legal system now faces: (1) decentralization and disaggregation; (2) normative and institutional hierarchies; (3) compliance and enforcement; (4) exit and escape; and (5) democracy and legitimacy. Each of these issues raises questions of governance, institutional design, and allocation of authority paralleling the questions that domestic legal systems have answered in constitutional terms. For each of these issues, I survey the international legal landscape and consider the salience of potential analogies to domestic constitutions, drawing upon and …
Modeling Supreme Court Strategic Decision Making: The Congressional Constraint, Barak D. Richman, Mario Bergara, Pablo T. Spiller
Modeling Supreme Court Strategic Decision Making: The Congressional Constraint, Barak D. Richman, Mario Bergara, Pablo T. Spiller
Faculty Scholarship
This paper addresses the contradictory results obtained by Segal (1997) and Spiller and Gely (1992) concerning the impact of institutional constraints on the U.S. Supreme Court's decision making. By adapting the Spiller and Gely maximum likelihood model to the Segal dataset, we find support for the hypothesis that the Court adjusts its decisions to presidential and congressional preferences. Data from 1947 to 1992 indicate that the average probability of the Court being constrained has been approximately one-third. Further, we show that the results obtained by Segal are the product of biases introduced by a misspecified econometric model. We also discuss …
Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky
Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Ideology And The Selection Of Federal Judges, Erwin Chemerinsky
Ideology And The Selection Of Federal Judges, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Engaging Facts And Policy: A Multi-Institutional Approach To Patent System Reform, Arti K. Rai
Engaging Facts And Policy: A Multi-Institutional Approach To Patent System Reform, Arti K. Rai
Faculty Scholarship
The Court of Appeals for the Federal Circuit, charged with adjudicating appeals in patent cases, has adopted an unusual approach that arrogates power over fact finding while it simultaneously invokes rule-formalism. Although the Federal Circuit's approach may be justified by the fact-finding and policy application deficiencies of the trial courts and the Patent and Trademark Office (PTO), it has had a negative impact on innovation policy and has resulted in a patent system that is sorely in need of reform. This Article argues that because of the interdependence of the various institutions within the patent system, reform of the system …
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
Faculty Scholarship
Legal academics often perceive law and economics (L&E) and critical race theory (CRT) as oppositional discourses. Using a recently published collection of essays on CRT as a starting point, we argue that the understanding of workplace discrimination can be furthered through a collaboration between L&E and CRT. L&E's strength is in its attention to incentives and norms, specifically its concern with explicating how norms incentivize behavior. Its limitation is that it treats race as exogenous and static. Thus, the literature fails to consider how institutional norms affect, and are affected by, race. To put the point another way, L&E does …
The Puzzle Of Ex Ante Efficiency: Does Rational Approvability Have Moral Weight?, Matthew D. Adler
The Puzzle Of Ex Ante Efficiency: Does Rational Approvability Have Moral Weight?, Matthew D. Adler
Faculty Scholarship
A governmental decision is "ex ante efficient" if it maximizes the satisfaction of everyone's preferences ex ante, relative to other possible decisions. Equivalently, each affected person would be rational to approve the decision, given her preferences and beliefs at the time of the choice. Does this matter, morally speaking? Do governmental officials - legislators, judges, regulators - have a moral reason to make decisions that are ex ante efficient? The economist's answer is "yes." "Ex ante efficiency" is widely seen by welfare economists to have moral significance, and often appears within law-and-economics scholarship as a criterion for evaluating legal doctrines. …
Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine Fisk
Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine Fisk
Faculty Scholarship
No abstract provided.
Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox
Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox
Faculty Scholarship
No abstract provided.
Why Me?, Walter E. Dellinger Iii
Inside The Jury Room - Evaluating Juror Discussions During Trial, Neil Vidmar, Shari S. Diamond, Mary R. Rose, Leslie Ellis, Beth Murphy
Inside The Jury Room - Evaluating Juror Discussions During Trial, Neil Vidmar, Shari S. Diamond, Mary R. Rose, Leslie Ellis, Beth Murphy
Faculty Scholarship
No abstract provided.
The Norm Of Prior Judicial Experience And Its Consequences For Career Diversity On The U.S. Supreme Court, Lee Epstein, Jack Knight, Andrew D. Martin
The Norm Of Prior Judicial Experience And Its Consequences For Career Diversity On The U.S. Supreme Court, Lee Epstein, Jack Knight, Andrew D. Martin
Faculty Scholarship
No abstract provided.
Genocide Politics And Policy: Conference Remarks, Madeline Morris
Genocide Politics And Policy: Conference Remarks, Madeline Morris
Faculty Scholarship
No abstract provided.
When All Of Us Are Victims: Juror Prejudice And ‘Terrorist’ Trials, Neil Vidmar
When All Of Us Are Victims: Juror Prejudice And ‘Terrorist’ Trials, Neil Vidmar
Faculty Scholarship
No abstract provided.
Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler
Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler
Faculty Scholarship
Is death a harm? Is the risk of death a harm? These questions lie at the foundations of risk regulation. Agencies that regulate threats to human life, such as the EPA, OSHA, the FDA, the CPSC, or NHTSA, invariably assume that premature death is a first-party harm - a welfare setback to the person who dies - and often assume that being at risk of death is a distinct and additional first-party harm. If these assumptions are untrue, the myriad statutes and regulations that govern risky activities should be radically overhauled, since the third-party benefits of preventing premature death and …
Under The Bridges Of Paris: Economic Liberties Should Not Be Just For The Rich, Erwin Chemerinsky
Under The Bridges Of Paris: Economic Liberties Should Not Be Just For The Rich, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Contemporary And Future Directions In American Legal Research: Responding To The Threat Of The Available, Richard A. Danner
Contemporary And Future Directions In American Legal Research: Responding To The Threat Of The Available, Richard A. Danner
Faculty Scholarship
No abstract provided.
Spectrum Abundance And The Choice Between Private And Public Control, Stuart M. Benjamin
Spectrum Abundance And The Choice Between Private And Public Control, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
The International Journal Of Legal Information And The Iall: An Introduction To The Cumulative Index, Richard A. Danner
The International Journal Of Legal Information And The Iall: An Introduction To The Cumulative Index, Richard A. Danner
Faculty Scholarship
No abstract provided.
Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky
Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
A Comment On New York Times V. Tasini, David L. Lange
A Comment On New York Times V. Tasini, David L. Lange
Faculty Scholarship
No abstract provided.
Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller
Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller
Faculty Scholarship
This comment has two major parts. Part I reviews some of the developments in the law relating to victim impact evidence over the last decade in light of my earlier predictions and hopes in this area. Part II examines victim catharsis and its growing importance as a justification for the receipt of victim impact evidence.
Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn
Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn
Faculty Scholarship
In May 2003, the WTO granted a waiver for trade restrictions imposed on WTO members not participating in the Kimberley Certification Scheme combating so-called "conflict diamonds." This Article examines the implications of this waiver decision. It argues that GATT/TBT provisions may already excuse the trade restrictions at issue, especially now that the UN Security Council has explicitly supported them. The waiver, therefore, risks sending out the wrong signals, confirming a WTO "superiority complex." At the same time, by excluding restrictions between Kimberley participants from its scope, the waiver implies that WTO members considered the Kimberley scheme to be a non-WTO …
Environmental Tribalism, James Salzman, Douglas A. Kysar
Environmental Tribalism, James Salzman, Douglas A. Kysar
Faculty Scholarship
No abstract provided.
Three Generations Of Participation Rights In European Administrative Proceedings, Francesca E. Bignami
Three Generations Of Participation Rights In European Administrative Proceedings, Francesca E. Bignami
Faculty Scholarship
This paper develops a conceptual framework for analyzing the development of participation rights in Community administration from the early 1970's to the present day. Procedural rights can be divided into three categories, each of which is associated with a distinct phase in Community history and a particular set of institutional actors. The first set of rights, the right to a fair hearing when the Commission inflicts sanctions or other forms of hardship on individuals, first emerged in the 1970's in the context of competition proceedings and later in areas such as anti-dumping and structural funds. This phase was driven by …
Still Tough On Crime? Prospects For Restorative Justice In The United States, Sara Sun Beale
Still Tough On Crime? Prospects For Restorative Justice In The United States, Sara Sun Beale
Faculty Scholarship
No abstract provided.
The Parsonage Exemption Violates The Establishment Clause And Should Be Declared Unconstitutional, Erwin Chemerinsky
The Parsonage Exemption Violates The Establishment Clause And Should Be Declared Unconstitutional, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
A Typology Of Multilateral Treaty Obligations: Are Wto Obligations Bilateral Or Collective In Nature?, Joost H. B. Pauwelyn
A Typology Of Multilateral Treaty Obligations: Are Wto Obligations Bilateral Or Collective In Nature?, Joost H. B. Pauwelyn
Faculty Scholarship
An important, though oft neglected, distinction between multilateral treaty obligations separates obligations of the bilateral nature from those of the collective or erga omnes partes type. Multilateral obligations of the bilateral type can be reduced to a compilation of bilateral, state-to-state relations. They can be compared to contracts. Collective obligations, in contrast, cannot be divided into bilateral components. They are concluded in pursuit of a collective interest that transcends the individual interests of the contracting parties. The standard example of such obligations are those arising under a human rights treaty. In domestic law, collective obligations can be compared to criminal …
Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky
Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.