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Articles 121 - 141 of 141
Full-Text Articles in Entire DC Network
Book Review, Joost H. B. Pauwelyn
Book Review, Joost H. B. Pauwelyn
Faculty Scholarship
Reviewing Deborah Z. Cass, The Constitutionalization of the World Trade Organization: Legitimacy, Democracy, and Community in the International Trading System (Oxford University Press, 2005)
The News Media’S Influence On Criminal Justice Policy: How Market Driven News Promotes Punitiveness, Sara Sun Beale
The News Media’S Influence On Criminal Justice Policy: How Market Driven News Promotes Punitiveness, Sara Sun Beale
Faculty Scholarship
This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently emphasize particular …
A Field Of Green? The Past And Future Of Ecosystem Services, James Salzman
A Field Of Green? The Past And Future Of Ecosystem Services, James Salzman
Faculty Scholarship
In recent years, interest in ecosystem services has exploded. From cover stories in the New York Times and The Economist, websites connecting buyers and sellers of ecosystem services, and the comprehensive UN-sponsored Millennium Assessment - a report on the state of the world's ecosystem services - to a statement by the U.S. Secretary of Agriculture calling for "a future where credits for clean water, greenhouse gases, or wetlands can be traded as easily as corn or soybeans," the ecosystem services approach has firmly arrived in the environmental policy world. But what does this approach entail and where is it going? …
Parsing The Commander In Chief Power: Three Distinctions, Curtis A. Bradley
Parsing The Commander In Chief Power: Three Distinctions, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Players Have Lost That Argument: Doping, Drug Testing, And Collective Bargaining, Paul H. Haagen
The Players Have Lost That Argument: Doping, Drug Testing, And Collective Bargaining, Paul H. Haagen
Faculty Scholarship
No abstract provided.
A Model Mass Tort: The Ppa Experience, Francis Mcgovern, Barbara J. Rothstein, Sara Jael Dion
A Model Mass Tort: The Ppa Experience, Francis Mcgovern, Barbara J. Rothstein, Sara Jael Dion
Faculty Scholarship
Abstract not available
A Model State Mass Tort Settlement Statute, Francis Mcgovern
A Model State Mass Tort Settlement Statute, Francis Mcgovern
Faculty Scholarship
Abstract not available
Punitive Damage Awards In Pet-Death Cases: How Do The Ratio Rules Of State Farm V. Campbell Apply?, William A. Reppy Jr.
Punitive Damage Awards In Pet-Death Cases: How Do The Ratio Rules Of State Farm V. Campbell Apply?, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
A Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
A Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Contesting Anticompetitive Actions Taken In The Name Of The State: State Action Immunity And Health Care Markets, Clark C. Havighurst
Contesting Anticompetitive Actions Taken In The Name Of The State: State Action Immunity And Health Care Markets, Clark C. Havighurst
Faculty Scholarship
The so-called state action doctrine is a judicially created formula for resolving conflicts between federal antitrust policy and state policies that seem to authorize conduct that antitrust law would prohibit. Against the background of recent commentaries by the federal antitrust agencies, this article reviews the doctrine and discusses it's application in the health care sector, focusing on the ability of states to immunize anticompetitive actions by state licensing and regulatory boards, hospital medical staffs, and public hospitals, as well as anticompetitive mergers and agreements. Although states are free, as sovereign governments, to restrict competition, the state action doctrine requires that …
History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah Purdy
History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah Purdy
Faculty Scholarship
Comment on Carol Rose's 2005 Childress Lecture
Ecosystem Services And The Public Trust Doctrine: Working Change From Within, James Salzman, J.B. Ruhl
Ecosystem Services And The Public Trust Doctrine: Working Change From Within, James Salzman, J.B. Ruhl
Faculty Scholarship
No abstract provided.
Contract As Statute, Mitu Gulati, Stephen J. Choi
Contract As Statute, Mitu Gulati, Stephen J. Choi
Faculty Scholarship
Formalists contend that courts should apply strict textual analysis in interpreting contracts between sophisticated commercial parties. Sophisticated parties have the expertise and means to record their intentions in writing, reducing the litigation and uncertainty costs surrounding incomplete contracts. Moreover, to the extent courts misinterpret contracts, sophisticated parties may simply rewrite their contracts to clarify their true intent. We argue that the formalist approach imposes large costs on even sophisticated parties in the context of boilerplate contracts. Where courts make errors in interpreting boilerplate terms, parties face large collective action problems in rewriting existing boilerplate provisions. Any single party that attempts …
Building On Custom: Land Tenure Policy And Economic Development In Ghana, Joseph Blocher
Building On Custom: Land Tenure Policy And Economic Development In Ghana, Joseph Blocher
Faculty Scholarship
This Note addresses the intersection of customary and statutory land law in the land tenure policy of Ghana. It argues that improving the current land tenure policy demands integration of customary land law and customary authorities into the statutory system. After describing why and how customary property practices are central to the economic viability of any property system, the Note gives a brief overview of Ghana’s customary and statutory land law. The Note concludes with specific policy suggestions about how Ghana could better draw on the strength of its customary land sector.
Combatant Status Review Tribunals: Flawed Answers To The Wrong Question, Joseph Blocher
Combatant Status Review Tribunals: Flawed Answers To The Wrong Question, Joseph Blocher
Faculty Scholarship
This Comment argues that the Combatant Status Review Tribunals were not competent to deny Prisoner of War status because they were charged only with identifying enemy combatants, a broad category that by its own terms includes many POWs. Given the substantial overlap between the definitions of "enemy combatant" and "POW," a CSRT's affirmative enemy combatant determination actually supports a detainee's POW status. Thus, even after their enemy combatant status has been adjudicated by the CSRTs, Guantánamo detainees should still be treated as presumptive POWs.
Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.
Legal Issues In Coalition Warfare: A U.S. Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams
Immigration Status And The Best Interests Of The Child Standard, Kerry Abrams
Faculty Scholarship
No abstract provided.
Private Business As Public Good: Hotel Development And Kelo, Joseph Blocher
Private Business As Public Good: Hotel Development And Kelo, Joseph Blocher
Faculty Scholarship
In the summer of 2004, New Haven Mayor John DeStefano, Jr. announced plans to demolish the all-but-derelict New Haven Coliseum and replace it with a publicly financed redevelopment that would include a 300-room hotel. Critics of the plan immediately objected that the hotel-even if it were completed-was a poor public investment, that there was no demand for such a hotel, and that the money could be better spent elsewhere. Some critics pointed to New Haven's own checkered history of major development projects, especially the failed downtown mall and the famously catastrophic Oak Street redevelopment. As of February 2006, the city …
Checks And Balances: Congress And The Federal Court, Paul D. Carrington
Checks And Balances: Congress And The Federal Court, Paul D. Carrington
Faculty Scholarship
This essay was published as a chapter in Reforming the Supreme Court: Term Limits for Justices (Paul D. Carrington & Roger Cramton eds, Carolina Academic Press 2006). Its point is that Congress has long neglected its duty implicit in the constitutional doctrine of separation of powers to constrain the tendency of the Court, the academy and the legal profession to inflate the Court's status and power. The term "life tenure" is a significant source of a sense of royal status having not only the adverse cultural effects noted by Nagel, but also doleful effects on the administration and enforcement of …
Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.
Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.
Faculty Scholarship
No abstract provided.