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Articles 1 - 30 of 51
Full-Text Articles in Law
Palazzolo, The Public Trust, And The Property Owner's Reasonable Expectations: Takings And The South Carolina Marsh Island Bridge Debate, Erin Ryan
Faculty Publications
No abstract provided.
Multiracial Identity And Affirmative Action, Nancy Leong
Multiracial Identity And Affirmative Action, Nancy Leong
Faculty Publications
No abstract provided.
Playing Cowboys And Indians, B. Glenn George
Playing Cowboys And Indians, B. Glenn George
Faculty Publications
No abstract provided.
Fiduciary Foundations Of Administrative Law, Evan J. Criddle
Fiduciary Foundations Of Administrative Law, Evan J. Criddle
Faculty Publications
An enduring challenge for administrative law is the tension between the ideal of democratic policymaking and the ubiquity of bureaucratic discretion. This Article seeks to reframe the problem of agency discretion by outlining an interpretivist model of administrative law based on the concept of fiduciary obligation in private legal relations such as agency, trust, and corporation. Administrative law, like private fiduciary law, increasingly relies upon a tripartite framework of entrustment, residual control, and fiduciary duty to demarcate a domain of bounded agency discretion. To minimize the risk that agencies will abuse their entrusted discretion through opportunism or carelessness, administrative law …
The New Line Item Veto Proposal: This Time It’S Constitutional (Mostly), Aaron-Andrew P. Bruhl
The New Line Item Veto Proposal: This Time It’S Constitutional (Mostly), Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
Fcc V. Wncn Listeners Guild: An Old-Fashioned Remedy For What Ails Current Judicial Review Law, Charles H. Koch Jr.
Fcc V. Wncn Listeners Guild: An Old-Fashioned Remedy For What Ails Current Judicial Review Law, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus
It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus
Faculty Publications
No abstract provided.
Due Process And Punitive Damages: The Error Of Federal Excessiveness Jurisprudence, A. Benjamin Spencer
Due Process And Punitive Damages: The Error Of Federal Excessiveness Jurisprudence, A. Benjamin Spencer
Faculty Publications
The Supreme Court, in a line of several cases over the past decade, has established a rigorous federal constitutional excessiveness review for punitive damages awards based on the Due Process Clause. As a matter of substantive due process, says the Court, punitive awards must be evaluated by three "guideposts" set forth in BMW of North America v. Gore: the degree of reprehensibility of the defendant's conduct, the ratio between punitive and compensatory damages, and a comparison of the amount of punitive damages to any "civil or criminal penalties that could be imposed for comparable misconduct." Following up on this pronouncement …
Response - Jay Katz: From Harms To Risks, Larry I. Palmer
Response - Jay Katz: From Harms To Risks, Larry I. Palmer
Faculty Publications
No abstract provided.
Tom Delay: Popular Constitutionalist?, Neal Devins
Tom Delay: Popular Constitutionalist?, Neal Devins
Faculty Publications
No abstract provided.
Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone
Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone
Faculty Publications
No abstract provided.
The Focus Factor, B. Glenn George
Property, Place, And Public Discourse, Timothy Zick
Property, Place, And Public Discourse, Timothy Zick
Faculty Publications
No abstract provided.
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Disability And Employment Discrimination At The Rehnquist Court, Anita Silvers, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
An Inestimable Safeguard Gives Way To Practicality: Eliminating The Juror Who ""Refuses To Deliberate" Under Federal Rule Of Criminal Procedure 23(B)(3), Jeffrey Bellin
Faculty Publications
No abstract provided.
What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone
What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone
Faculty Publications
No abstract provided.
Jurisdiction To Adjudicate: A Revised Analysis, A. Benjamin Spencer
Jurisdiction To Adjudicate: A Revised Analysis, A. Benjamin Spencer
Faculty Publications
Personal jurisdiction doctrine as articulated by the Supreme Court is in disarray. As a constitutional doctrine whose contours remain imprecise, the law of personal jurisdiction has generated confusion, unpredictability, and extensive satellite litigation over what should be an uncomplicated preliminary issue. Many commentators have long lamented these defects, making suggestions for how the doctrine could be improved. Although many of these proposals have had much to offer, they generally have failed to articulate (or adequately justify or explain) a simple and sound approach to jurisdiction that the Supreme Court can embrace. This Article revises the law of personal jurisdiction by …
Building The Emotionally Learned Negotiator, Erin Ryan
Building The Emotionally Learned Negotiator, Erin Ryan
Faculty Publications
No abstract provided.
Subclassing, Scott Dodson
Subclassing, Scott Dodson
Faculty Publications
This Article is the first to take a hard look at Federal Rule of Civil Procedure 23(c)(4)(B), an oft-slighted part of the class action scheme that permits a court to create subclasses "when appropriate." Despite its tautologically unhelpful text, no other court or commentator has undertaken a comprehensive analysis of this provision. The time to do so is certainly now. As class actions grow bigger, plaintiffs seek new ways to meet Rule 23 "s certification requirements. Just in the last few years, plaintiffs have turned to subclassing's sister provision, Rule 23(c)(4)(A), which has consequently received a flurry of commentary from …
Punishing Children In The Criminal Law, Cynthia V. Ward
Punishing Children In The Criminal Law, Cynthia V. Ward
Faculty Publications
No abstract provided.
Deferred Compensation Reform: Taxing The Fruit Of The Tree In Its Proper Season, Eric D. Chason
Deferred Compensation Reform: Taxing The Fruit Of The Tree In Its Proper Season, Eric D. Chason
Faculty Publications
Executive pensions (or deferred compensation) grabbed headlines after Enron's collapse and fresh concerns over ever-increasing executive pay. They also grabbed the attention of Congress, which reformed executive pensions legislatively in 2004 with § 409A of the Internal Revenue Code. Section 409A merely tightens and clarifies the doctrines that had already governed executive pensions, leaving the basic economics of executive pensions unchanged. Executives can still defer taxation on current compensation until actual payment is made in the future. Deferral still comes at the same price to the employer, namely the deferral of its deduction for the compensation expense. Thus, the timing …
The Anticruelty Statute: A Study In Animal Welfare, Darian M. Ibrahim
The Anticruelty Statute: A Study In Animal Welfare, Darian M. Ibrahim
Faculty Publications
No abstract provided.
Law Review Article Placement: Benefit Or Beauty Prize?, Dennis J. Callahan, Neal Devins
Law Review Article Placement: Benefit Or Beauty Prize?, Dennis J. Callahan, Neal Devins
Faculty Publications
No abstract provided.
Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese
Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese
Faculty Publications
No abstract provided.
Bob Jones University V. United States 461 U.S. 574 (1983), Neal Devins
Bob Jones University V. United States 461 U.S. 574 (1983), Neal Devins
Faculty Publications
No abstract provided.
The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus
The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus
Faculty Publications
No abstract provided.
The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken
The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken
Faculty Publications
No abstract provided.
Reduce, Refine, Replace: The Failure Of The Three R’S And The Future Of Animal Experimentation, Darian M. Ibrahim
Reduce, Refine, Replace: The Failure Of The Three R’S And The Future Of Animal Experimentation, Darian M. Ibrahim
Faculty Publications
No abstract provided.
Book Review Of Non-State Actors And Human Rights, Michael Ashley Stein
Book Review Of Non-State Actors And Human Rights, Michael Ashley Stein
Faculty Publications
No abstract provided.
Bankruptcy And State Collections: The Case Of The Missing Garnishments, Richard M. Hynes
Bankruptcy And State Collections: The Case Of The Missing Garnishments, Richard M. Hynes
Faculty Publications
Recent bankruptcy reforms were spurred in part by a bankruptcy filing rate that has more than doubled in the last ten years and that has risen by approximately six hundred percent over the last generation. Some attribute this surge in filings to Americans' greater willingness to avoid debts by declaring bankruptcy. Most academics, however, argue that more Americans are forced into bankruptcy by crushing debt burdens and aggressive collections techniques. Surprisingly, the literature has largely ignored data on the use of these collections techniques. This Article examines the use of one of the most important collections tools, garnishment, in two …