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Articles 1 - 30 of 297
Full-Text Articles in Entire DC Network
Review Essay: Excuse Theory Through A Liberal Lens, Richard C. Boldt
Review Essay: Excuse Theory Through A Liberal Lens, Richard C. Boldt
Faculty Scholarship
This essay reviews Excusing Crime, by Jeremy Horder, Reader in Criminal Law and Tutor in Law at Worcester College, Oxford. It describes Horder’s project, which is to build a complex taxonomy of criminal law excuse practices and to use that account of “why things are as they are” to argue, on the basis of his version of liberal theory, against “the restricted range” of excuses in the UK and elsewhere. By virtue of his appreciation that some, but not all, excuses contain justificatory elements, and given his insistence that pure claims of non-responsibility are not excuses, Horder has defined a …
Give Me Equity Or Give Me Death - The Role Of Competition And Compensation In Building Silicon Valley, Richard A. Booth
Give Me Equity Or Give Me Death - The Role Of Competition And Compensation In Building Silicon Valley, Richard A. Booth
Faculty Scholarship
In this essay, I argue that the preeminence of Silicon Valley as an incubator of technology companies is attributable to equity compensation. Ronald Gilson, relying on the work of AnnaLee Saxenian and others who have noted the tendency of Silicon Valley employees to job hop, has suggested that California law prohibiting the enforcement of non-compete agreements was a major factor in the rise of Silicon Valley (and the demise of Route 128). I extend this line of thought by suggesting that California employers may have relied on equity compensation as a substitute way to bind employees. I argue further that …
Beijing Court Orders Ministry Of Finance To Rule On Supplier's Complaints, But Skirts Broader Issue Of Schism In China's Procurement Supervision, Daniel J. Mitterhoff
Beijing Court Orders Ministry Of Finance To Rule On Supplier's Complaints, But Skirts Broader Issue Of Schism In China's Procurement Supervision, Daniel J. Mitterhoff
Faculty Scholarship
No abstract provided.
Reshaping Federal Jurisdiction: Congress's Latest Challenge To Judicial Review, Helen L. Norton
Reshaping Federal Jurisdiction: Congress's Latest Challenge To Judicial Review, Helen L. Norton
Faculty Scholarship
This Article examines growing congressional interest in a specific legislative check on judicial power: controlling the types of cases judges are empowered to decide by expanding and/or contracting federal subject matter jurisdiction. Congress has recently sought to shape judicial power through a range of proposals that variously enlarge and compress federal subject matter jurisdiction. In 2004, for example, the House of Representatives voted to strip federal courts of jurisdiction over constitutional challenges to the Defense of Marriage Act and the Pledge of the Allegiance. Just a few months later, the new 109th Congress undertook a groundbreaking expansion of federal subject …
Misogyny, Androgyny And Sexual Harassment: Sex Discrimination In A Gender-Deconstructed World, Meredith Render
Misogyny, Androgyny And Sexual Harassment: Sex Discrimination In A Gender-Deconstructed World, Meredith Render
Faculty Scholarship
Understanding sexual harassment as a form of discrimination “because of sex” has grown increasingly difficult as our understandings of both gender and sex have grown richer and more complex. This piece offers a new descriptive model for understanding gender bias in the context of sexual harassment law. The piece argues that two separate sets of ideas about gender have intersected to produce a new picture of gender “equality”: one that is separated from a binary model of men and women, but that nonetheless continues to disadvantage women as compared to men. The paper refers to this idea as the androcentric-assimilation …
Some Thoughts On "The Economic Loss Rule" And Apportionment, Oscar S. Gray
Some Thoughts On "The Economic Loss Rule" And Apportionment, Oscar S. Gray
Faculty Scholarship
This paper illustrates the process of comments upon and revisions to Restatement drafts, based on successive drafts of the proposed Restatement Third of Torts: Liability for Economic Loss.
The Democratic Deficit In America, Sanford Levinson
The Democratic Deficit In America, Sanford Levinson
Schmooze 'tickets'
No abstract provided.
September 11 And The Second Wave Of Public Law Globalization: The New Legal Infrastructure Of Anti-Constitutionalism, Kim Lane Scheppele
September 11 And The Second Wave Of Public Law Globalization: The New Legal Infrastructure Of Anti-Constitutionalism, Kim Lane Scheppele
Schmooze 'tickets'
No abstract provided.
The International State Of Emergency: Challenges To Constitutionalism After September 11, Kim Lane Scheppele
The International State Of Emergency: Challenges To Constitutionalism After September 11, Kim Lane Scheppele
Schmooze 'tickets'
No abstract provided.
The Process Of Constitutional Change: From Partisan Entrenchment To The National Surveillance State, Jack M. Balkin, Sanford Levinson
The Process Of Constitutional Change: From Partisan Entrenchment To The National Surveillance State, Jack M. Balkin, Sanford Levinson
Schmooze 'tickets'
No abstract provided.
Political Development And The Origins Of The "Living Constitution", Howard Gillman
Political Development And The Origins Of The "Living Constitution", Howard Gillman
Schmooze 'tickets'
No abstract provided.
Narrow Originalism/Intentionalism, James E. Fleming
Narrow Originalism/Intentionalism, James E. Fleming
Schmooze 'tickets'
No abstract provided.
It's Alive! The Persistence Of The Constitution, Keith E. Whittington
It's Alive! The Persistence Of The Constitution, Keith E. Whittington
Schmooze 'tickets'
No abstract provided.
The Constitution May Be Undemocractic, But Not Supreme Court Decision-Making: The Difference Between Legal And Political Time, Ronald Kahn
Schmooze 'tickets'
No abstract provided.
The Fog Of War: Checks And Balances And National Security Policy, Kenneth Ward
The Fog Of War: Checks And Balances And National Security Policy, Kenneth Ward
Schmooze 'tickets'
No abstract provided.
An Eighteenth Century Second Amendment In A Twenty-First Century World: Moving Beyond Originalist Errors To Historical Insight, Saul Cornell
An Eighteenth Century Second Amendment In A Twenty-First Century World: Moving Beyond Originalist Errors To Historical Insight, Saul Cornell
Schmooze 'tickets'
No abstract provided.
Constitutional Contortion? Making Unfettered War Powers Compatible With Limited Government, Gordon Silverstein
Constitutional Contortion? Making Unfettered War Powers Compatible With Limited Government, Gordon Silverstein
Schmooze 'tickets'
No abstract provided.
Demystifying Social Welfare: Needs And Social Justice In The Evaluation Of Democracies, Joe A. Oppenheimer
Demystifying Social Welfare: Needs And Social Justice In The Evaluation Of Democracies, Joe A. Oppenheimer
Schmooze 'tickets'
No abstract provided.
Restraining The Judges, Gordon Silverstein
Judicial Globalization In The Service Of Self-Government, Martin S. Flaherty
Judicial Globalization In The Service Of Self-Government, Martin S. Flaherty
Schmooze 'tickets'
No abstract provided.
Levinson And Constitutional Reform: Some Notes, Stephen M. Griffin
Levinson And Constitutional Reform: Some Notes, Stephen M. Griffin
Schmooze 'tickets'
No abstract provided.
A Place For "Thin" Interposition? What John Taylor Of Carolene And The Embargo Crisis Have To Offer Regarding Resistance To The Bush Constitution, Bradley D. Hays
A Place For "Thin" Interposition? What John Taylor Of Carolene And The Embargo Crisis Have To Offer Regarding Resistance To The Bush Constitution, Bradley D. Hays
Schmooze 'tickets'
No abstract provided.
Underlying Principles, Randy E. Barnett
Some Constitutional Reforms That America Needs But Are Not Likely To See Anytime Soon, Carol Nackenoff
Some Constitutional Reforms That America Needs But Are Not Likely To See Anytime Soon, Carol Nackenoff
Schmooze 'tickets'
No abstract provided.
Constitutional Possibilities, Lawrence B. Solum
Constitutional Possibilities, Lawrence B. Solum
Schmooze 'tickets'
No abstract provided.
The U.S. Supreme Court And Minority Races, Leslie Friedman Goldstein
The U.S. Supreme Court And Minority Races, Leslie Friedman Goldstein
Schmooze 'tickets'
No abstract provided.
What Is A Twentieth Century Constitution?, Peter E. Quint
What Is A Twentieth Century Constitution?, Peter E. Quint
Schmooze 'tickets'
No abstract provided.
Yes, Eighteenth Century Constitutionalism For The Twenty-First Century, George Thomas
Yes, Eighteenth Century Constitutionalism For The Twenty-First Century, George Thomas
Schmooze 'tickets'
No abstract provided.
From 'Just' To Just 'Decent'? Constitutional Transformations And The Reordering Of The European Public Sphere, Cindy Skach
From 'Just' To Just 'Decent'? Constitutional Transformations And The Reordering Of The European Public Sphere, Cindy Skach
Schmooze 'tickets'
No abstract provided.
Geographic Representation And The U.S. Congress, Frances E. Lee
Geographic Representation And The U.S. Congress, Frances E. Lee
Schmooze 'tickets'
No abstract provided.