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Articles 1 - 30 of 30
Full-Text Articles in Entire DC Network
Debate On Carried Interest, Jeffrey H. Kahn, Calvin H. Johnson, Douglas A. Kahn
Debate On Carried Interest, Jeffrey H. Kahn, Calvin H. Johnson, Douglas A. Kahn
Scholarly Publications
No abstract provided.
Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study, Shi-Ling Hsu
Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study, Shi-Ling Hsu
Scholarly Publications
A standard account of group cooperation would predict that group stability would bring about greater cooperation because repeat-play games would allow for sanctions and rewards. In an academic unit such as a department or a law faculty, one might thus expect that faculty stability would bring about greater cooperation. However, academic units are not like most other groups. Tenured professors face only limited sanctions for failing to cooperate, for engaging in unproductive conflict, or for shirking. This article argues counter-intuitively that within limits, some level of faculty turnover may enhance cooperation. Certainly, excessive and persistent loss of faculty is demoralizing, …
The Story Of Parenthood, Courtney Cahill
A Process-Based Approach To Presidential Exit, Mark Seidenfeld
A Process-Based Approach To Presidential Exit, Mark Seidenfeld
Scholarly Publications
No abstract provided.
Partisan Gerrymandering And The Illusion Of Unfairness, Jacob Eisler
Partisan Gerrymandering And The Illusion Of Unfairness, Jacob Eisler
Scholarly Publications
No abstract provided.
Prophylactic Redistricting? Congress's Section 5 Power And The New Equal Protection Right To Vote, Michael T. Morley
Prophylactic Redistricting? Congress's Section 5 Power And The New Equal Protection Right To Vote, Michael T. Morley
Scholarly Publications
No abstract provided.
The Upsides And Downsides Of Ending Chevron Deference, Steve R. Johnson, Kristin E. Hickman, Joseph B. Judkins, Donald B. Susswein
The Upsides And Downsides Of Ending Chevron Deference, Steve R. Johnson, Kristin E. Hickman, Joseph B. Judkins, Donald B. Susswein
Scholarly Publications
No abstract provided.
Consumers, Sellers-Advisors, And The Psychology Of Trust, Kelli Alces Williams, Justin Sevier
Consumers, Sellers-Advisors, And The Psychology Of Trust, Kelli Alces Williams, Justin Sevier
Scholarly Publications
Every day, consumers ask sellers for advice. Because they do not or cannot know better, consumers rely on that advice in making financial decisions of varying significance. Sellers, motivated by strong and often conflicting self-interests, are well-positioned to lead consumers to make decisions that are profitable for sellers and may be harmful to the consumers themselves. Short of imposing fraud liability in extreme situations, the law neither protects the trust consumers place in “seller-advisors,” nor alerts them to the incentives motivating the advice that sellers give. This Article makes several contributions to the literature. First, it identifies and defines the …
Populist Constitutions, David Landau
Populist Constitutions, David Landau
Scholarly Publications
This Essay draws on recent academic definitions of populism and recent examples of its use in order to show that there is an affinity between populism and widespread constitutional change. It argues that populists use constitutional change to carry out three functions: deconstructing the old institutional order, developing a substantive project rooted in a critique of that order, and consolidating power in the hands of populists. Thus, access to the tools of constitutional change may accentuate both the promise of populism as a corrective to stagnating liberal democracies and the threat that it poses to those constitutional orders. I also …
Tiered Constitutional Design, David Landau, Rosalind Dixon
Tiered Constitutional Design, David Landau, Rosalind Dixon
Scholarly Publications
Scholarship has posited two models of constitutionalism. One is short, abstract, and rigid, like the United States Constitution. The other is lengthy, detailed, and flexible, like the constitutions found in many U.S. states and in many other countries around the world. This Article argues that there is a descriptively common and normatively attractive third model: tiered constitutional design. A tiered design aims to combine the virtues of rigidity and flexibility by creating different rules of constitutional amendment for different parts of the constitution. Most provisions are made fairly easy to change, but certain articles or principles are given higher levels …
Perfecting Procreation, Courtney Cahill
Memo To Environmentalists: Brace For The Three Ps, Erin Ryan
Memo To Environmentalists: Brace For The Three Ps, Erin Ryan
Scholarly Publications
This very short essay, written as a memo to environmental advocates during a destabilizing moment in environmental law, advises them to (1) resist federal preemption of state regulation, (2) scrutinize the strategic deployment of property rights to block future regulation, and (3) think creatively about how to accomplish the goals of national-level policy without the benefit of federal authority. In short, it advises that advocates ensure that the campaign to dismantle federal environmental law does not spill over into displacing state and local efforts to fill the void. They also must push back against the strategic deployment of property rights …
Let International Competition Negotiations Sleep A While Longer: Focus On Tools And Capacity, Frederick M. Abbott
Let International Competition Negotiations Sleep A While Longer: Focus On Tools And Capacity, Frederick M. Abbott
Scholarly Publications
No abstract provided.
Juliana V. United States: Debating The Fundamentals Of The Fundamental Right To A Sustainable Climate, Erin Ryan
Scholarly Publications
This article, based on a live discussion among a panel of national experts, dissects the landmark federal climate lawsuit, Juliana v. United States, 217 F. Supp. 3d 1224 (D. Or. 2016). Juliana is the flagship case in a series of legal actions brought by youth plaintiffs challenging government failures to regulate to prevent climate change. However, few have come as far as Juliana, which has so far survived motions to dismiss from both the government and fossil fuels industry, a motion for interlocutory appeal to the Ninth Circuit to dismiss the case, and even a rare petition for writ of …
Protecting Consumer Data Privacy With Arbitration, Erin O'Hara O'Connor
Protecting Consumer Data Privacy With Arbitration, Erin O'Hara O'Connor
Scholarly Publications
No abstract provided.
Localism, Labels And Animal Welfare, Samuel R. Wiseman
Localism, Labels And Animal Welfare, Samuel R. Wiseman
Scholarly Publications
The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanelyraised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that …
Writer Re-Written: What Really (Might Have) Happened To Atticus And Scout, Rob Atkinson
Writer Re-Written: What Really (Might Have) Happened To Atticus And Scout, Rob Atkinson
Scholarly Publications
No abstract provided.
The Misconstruction Of The Deductions For Business And Personal Casualty Losses, Jeffrey H. Kahn
The Misconstruction Of The Deductions For Business And Personal Casualty Losses, Jeffrey H. Kahn
Scholarly Publications
Losses suffered on an individual's personally used property generally are not deductible. Even after the changes made by the 2017 Tax Cuts and Jobs Act, in two circumstances an exception to this rule applies when "such losses arise from.fire, storm, shipwreck, or other casualty, or from theft." The principal issue that arises is determining the meaning of the term "other casualty." Taking what they deemed to be the common elements in the three explicitly identified casualties, the courts and the Internal Revenue Service determined that an event will qualify as an "other casualty" only if it is "sudden," "unusual," and …
Antitrust And Inequality: The Problem Of Super-Firms, Shi-Ling Hsu
Antitrust And Inequality: The Problem Of Super-Firms, Shi-Ling Hsu
Scholarly Publications
Increasing concern about economic inequality has coincided with an unsettling ascendancy of some large, technologically integrated “super-firms,” which have grabbed large market shares in multiple markets, and cast doubt upon the future viability of a wide range of businesses, many of which have been important local and regional employers. It is thus unsurprising that these two trends have knocked together in public discourse, and that antitrust law been proposed as one way of helping to remedy economic inequality. This essay notes that antitrust law is generally a poor fit for reducing economic inequality, but one aspect is worthy of note: …
Psychedelic Medicine For Mental Illness And Substance Use Disorders: Overcoming Social And Legal Obstacles, Mason Marks
Psychedelic Medicine For Mental Illness And Substance Use Disorders: Overcoming Social And Legal Obstacles, Mason Marks
Scholarly Publications
Mental illness is a public health crisis. Millions of Americans suffer through their days crippled by symptoms of mood, anxiety, and substance use disorders. These conditions take large social and economic tolls on our communities. However, the medicines used to treat them have remained largely unchanged for over fifty years. Though helpful to many people, traditional psychiatric drugs are often ineffective, prompting patients and physicians to seek alternatives including psychedelic compounds such as ketamine, psilocybin, MDMA, and DMT. These drugs showed therapeutic potential in the mid-twentieth century until the U.S. War on Drugs halted all research. Now, having few alternatives, …
A Theory Of Constructive Interpretation For Customary International Law Identification, Nadia Banteka
A Theory Of Constructive Interpretation For Customary International Law Identification, Nadia Banteka
Scholarly Publications
No abstract provided.
On Contract Law's Increasing Distortionary Effect On Substantive Trade Secret Law And How To Stop It, Lauren Henry Scholz
On Contract Law's Increasing Distortionary Effect On Substantive Trade Secret Law And How To Stop It, Lauren Henry Scholz
Scholarly Publications
No abstract provided.
Plato's Pragmatic Project: A Reading Of Plato's Laws, Jacob Eisler
Plato's Pragmatic Project: A Reading Of Plato's Laws, Jacob Eisler
Scholarly Publications
No abstract provided.
Gerrymandering In America: The House Of Representatives, The Supreme Court, And The Future Of Popular Sovereignty, Jacob Eisler
Gerrymandering In America: The House Of Representatives, The Supreme Court, And The Future Of Popular Sovereignty, Jacob Eisler
Scholarly Publications
No abstract provided.
Is Contract Law Only For The Stubborn?, Shawn Bayern
Is Contract Law Only For The Stubborn?, Shawn Bayern
Scholarly Publications
Review of Contract and the Problem of Fickle People, 53 Wake Forest L. Rev. 1 (2018), by Aditi Bagchi
Methodological Failures In Leading American Economic Analyses Of The Private Law, Shawn Bayern
Methodological Failures In Leading American Economic Analyses Of The Private Law, Shawn Bayern
Scholarly Publications
Critics of the American law and economics movement normally sidestep its analysis by emphasizing noninstrumental goals for legal rules or challenging the fundamental assumptions (like the rational-actor model) of legal-economic arguments. These critiques are often valid, but they neglect an equally important problem with much legal-economic reasoning, which is that it is often simply incorrect on its own terms. Too often, legal-economic analyses amount to elaborate restatements of particular disputed legal propositions, depend on an artificial scope of analysis, smuggle in various factual assumptions, and so on. This article demonstrates these problems using a series of examples in American private …
After Sex, Courtney Megan Cahill
The Federal Equity Power, Michael T. Morley
The Federal Equity Power, Michael T. Morley
Scholarly Publications
Throughout the first century and a half of our nation’s history, federal courts treated equity as a type of general law. They applied a uniform, freestanding body of principles derived from the English Court of Chancery to all equitable issues that came before them, regardless of whether a case arose under federal or state law. In 1945, in Guaranty Trust Co. v. York, the United States Supreme Court held that, notwithstanding the changes wrought by the Erie Doctrine, federal courts may continue to rely on these traditional principles of equity to determine the availability of equitable relief, such as injunctions, …
Election Emergencies: Voting In The Wake Of Natural Disasters And Terrorist Attacks, Michael T. Morley
Election Emergencies: Voting In The Wake Of Natural Disasters And Terrorist Attacks, Michael T. Morley
Scholarly Publications
Our electoral system is vulnerable to terrorist attacks, natural disasters, and other calamities that can render polling places inaccessible, trigger mass evacuations, or disrupt governmental operations to the point that conducting an election becomes impracticable. Many states lack “election emergency” laws that empower officials to adequately respond to these crises. As a result, courts are frequently called upon to adjudicate the consequences of election emergencies as a matter of constitutional law, often applying vague, subjective, ad hoc standards in rushed, politically charged proceedings. This Article examines the legal steps various government actors took in response to terrorist attacks and natural …
Breathing Air With Heft: An Experiential Report On Environmental Law And Public Health In China, Erin Ryan
Breathing Air With Heft: An Experiential Report On Environmental Law And Public Health In China, Erin Ryan
Scholarly Publications
This article explores the gritty intersections of daily life and environmental law in modern China, an industrial powerhouse still struggling to reconcile economic opportunity with breathable air, clean water, healthy food, and safe products. With comparative perspective on analogous challenges in the United States, the article reports on these critical domestic challenges for China at a pivotal moment in its reemergence as a dominant world power. China’s continued geopolitical rise may well hinge on its ability to respond successfully to the environmental causes of growing social unrest. In 2011, in the midst of this maelstrom, I brought my husband, young …