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Articles 1 - 30 of 63
Full-Text Articles in Law
Markets, Democracy, And Ethnicity: Toward A New Paradigm For Law And Development, Amy L. Chua
Markets, Democracy, And Ethnicity: Toward A New Paradigm For Law And Development, Amy L. Chua
Faculty Scholarship
No abstract provided.
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Scholarship
This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.
Choice Of Law Rules For International Securities Transactions?, James D. Cox
Choice Of Law Rules For International Securities Transactions?, James D. Cox
Faculty Scholarship
No abstract provided.
The Durability Of Law School Reputation, Richard L. Schmalbeck
The Durability Of Law School Reputation, Richard L. Schmalbeck
Faculty Scholarship
No abstract provided.
Race And The Federal Income Tax: Has A Disparate Impact Case Been Made?, Richard L. Schmalbeck
Race And The Federal Income Tax: Has A Disparate Impact Case Been Made?, Richard L. Schmalbeck
Faculty Scholarship
No abstract provided.
Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler
Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Removing The ‘Fuel Of Interest’ From The ‘Fire Of Genius’: Law And The Employee Inventor, 1830-1930, Catherine Fisk
Removing The ‘Fuel Of Interest’ From The ‘Fire Of Genius’: Law And The Employee Inventor, 1830-1930, Catherine Fisk
Faculty Scholarship
No abstract provided.
The Treaty Power And American Federalism, Curtis A. Bradley
The Treaty Power And American Federalism, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley
The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Managed Care-Work In Progress Or Stalled Experiment?, Clark C. Havighurst
Managed Care-Work In Progress Or Stalled Experiment?, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
The President’S Authority Over Foreign Affairs: An Executive Branch Perspective, H. Jefferson Powell
The President’S Authority Over Foreign Affairs: An Executive Branch Perspective, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
The Performance Of The American Civil Jury: An Empirical Perspective, Neil Vidmar
The Performance Of The American Civil Jury: An Empirical Perspective, Neil Vidmar
Faculty Scholarship
No abstract provided.
Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny
Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny
Faculty Scholarship
No abstract provided.
Reconceiving The Tournament Of Lawyers: Tracking, Seeding, And Information Control In The International Labor Markets Of Elite Law Firms, Mitu Gulati, David B. Wilkins
Reconceiving The Tournament Of Lawyers: Tracking, Seeding, And Information Control In The International Labor Markets Of Elite Law Firms, Mitu Gulati, David B. Wilkins
Faculty Scholarship
No abstract provided.
Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington
Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Evidence, Proof And Persuasion In Wto Dispute Settlement - Who Bears The Burden?, Joost H. B. Pauwelyn
Evidence, Proof And Persuasion In Wto Dispute Settlement - Who Bears The Burden?, Joost H. B. Pauwelyn
Faculty Scholarship
No abstract provided.
Indemnity Or Compensation? The Contract With America, Loser-Pays Attorney Fee Shifting, And A One-Way Alternative, Thomas D. Rowe Jr.
Indemnity Or Compensation? The Contract With America, Loser-Pays Attorney Fee Shifting, And A One-Way Alternative, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein
Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein
Faculty Scholarship
No abstract provided.
Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels
Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels
Faculty Scholarship
No abstract provided.
Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler
Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Faculty Scholarship
Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.
In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against …
The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer
The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer
Faculty Scholarship
In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department of Corrections …
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.
The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll
The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll
Faculty Scholarship
No abstract provided.
Managing The Iatrogenic Risks Of Risk Management, Jonathan B. Wiener
Managing The Iatrogenic Risks Of Risk Management, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
Erisa Preemption Of State And Local Laws On Domestic Partnership And Sexual Orientation Discrimination In Employment, Catherine Fisk
Erisa Preemption Of State And Local Laws On Domestic Partnership And Sexual Orientation Discrimination In Employment, Catherine Fisk
Faculty Scholarship
No abstract provided.
Law And Incommensurability: Introduction, Matthew D. Adler
Law And Incommensurability: Introduction, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Calling The Tune Or Following The Lead: The European Court Of Justice In European Policy Making, Rachel D. Brewster
Calling The Tune Or Following The Lead: The European Court Of Justice In European Policy Making, Rachel D. Brewster
Faculty Scholarship
No abstract provided.
Derivatives, Corporate Hedging, And Shareholder Wealth: Modigliani-Miller Forty Years Later, Kimberly D. Krawiec
Derivatives, Corporate Hedging, And Shareholder Wealth: Modigliani-Miller Forty Years Later, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.