Law Commons^™

Reconstructing Climate Policy: The Paths Ahead, Jonathan B. Wiener, Richard B. Stewart

Faculty Scholarship

No abstract provided.

Sovereign Piracy, Mitu Gulati, Kenneth N. Klee

Faculty Scholarship

No abstract provided.

Punitive Damages By Juries In Florida: In Terrorem And In Reality, Neil Vidmar, Mary R. Rose

Faculty Scholarship

In recent years there have been numerous proposals for punitive damage reform. Proponents of such reform have often asserted that punitive damages are both common and exorbitant. In this Article, Professor Vidmar and Dr. Rose examine the validity of these and other empirical claims about punitive damages. They do so by studying punitive damage awards reported in the Florida Jury Verdict Reporter. Ultimately, they conclude that there is no empirical support for the claims made by proponents of tort refrom in Florida.

The Court Should Have Remained Silent: Why The Court Erred In Deciding Dickerson V. United States, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk

Faculty Scholarship

Professors Erwin Chemerinsky and Catherine Fisk take an issue on several grounds with Boy Scouts v. Dale, in which the Supreme Court held that the Boy Scouts have a first Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-- and it did so at the expense of many current and former …

Introduction To Symposium On Rampart Police Scandal: Policing The Criminal Justice System, Catherine Fisk, David W. Burcham

Faculty Scholarship

No abstract provided.

Wetland Value Indicators For Scoring Mitigation Trades, James Salzman, Lisa A. Wainger, Dennis King, James Boyd

Faculty Scholarship

No abstract provided.

Redistricting In North Carolina—A Personal Perspective, Robinson O. Everett

Faculty Scholarship

In 1992, when I filed a lawsuit attacking North Carolina's recently enacted congressional redistricting plan, my premise was that drawing a plan for a racially-defined purpose violates equal protection and for this reason and others is unconstitutional. Having now argued four appeals before the Supreme Court concerning North Carolina's redistricting, I still believe in the correctness of my original premise; but, in addition, I am concerned that districts drawn with a predominantly racial purpose tend to polarize our society, discourage the formation of multiracial coalitions, and, in the long run, to harm even those they are intended to protect. I …

Health Care Fraud And Abuse: A Tale Of Behavior Induced By Payment Structure, Arti K. Rai

Faculty Scholarship

The campaign to curtail "fraud and abuse" in the Medicare and Medicaid programs represents an attempt by regulators to evade more fundamental and difficult questions regarding cost and quality control. In the Medicare arena, tackling these larger questions will require dismantling the program's fee-for-service structure and imposing on providers financial incentives to evaluate carefully health care costs and benefits. Commentary on, David A. Hyman, Health Care Fraud and Abuse: Market Change, Social Norms and the Trust "Reposed in Workmen," 30 Journal of Legal Studies 531 (2001)

Terrorism And Human Rights, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

State Accountability For Violations Of Intellectual Property Rights: How To “Fix” Florida Prepaid (And How Not To), Ernest A. Young, Mitchell N. Berman, R. Anthony Reese

Faculty Scholarship

In its Florida Prepaid and College Savings Bank decisions of two terms ago, the Supreme Court raised significant barriers to Congress's ability to subject the states to damages liability in federal intellectual property suits. These decisions provoked extensive academic commentary and have also sparked efforts in Congress and at the U.S. Patent and Trademark Office to amend the federal intellectual property laws to ensure that state governments will remain accountable for violations of federal rights. This article explores how such legislation might best be shaped in order to withstand constitutional challenge.

Satisfactory treatment of the issue requires examination of a …

Two Cheers For Process Federalism, Ernest A. Young

Faculty Scholarship

No abstract provided.

Fostering Cumulative Innovation In The Biopharmaceutical Industry: The Role Of Patents And Antitrust, Arti K. Rai

Faculty Scholarship

This Article addresses the question of how the tools of patent and antitrust law can best be used to foster the cumulative process that is bio-pharmaceutical innovation. This issue is of particular moment because we have begun in recent years to see a substantial amount of vertical and horizontal integration in the biopharmaceutical industry. The Article argues that although horizontal concentration may be useful for appropriating the value of a lengthy and expensive research and development process, a role for competition needs to be preserved. In the context of the biopharmaceutical industry, broad patents, particularly on upstream invention, represent the …

Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight

Faculty Scholarship

No abstract provided.

William Wirt & The Invention Of The Public Lawyer, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Executive Order 13,141 And The Environmental Review Of Trade Agreements, James Salzman

Faculty Scholarship

No abstract provided.

Policy Design For International Greenhouse Gas Control, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.

The Happy Charade: An Empirical Examination Of The Third Year Of Law School, Mitu Gulati, Richard Sander, Robert Sockloskie

Faculty Scholarship

No abstract provided.

The Federalism Revolution, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Lessons From North Carolina’S Redistricting Litigation, Robinson O. Everett

Faculty Scholarship

No abstract provided.

Settlement Of Mass Torts In A Federal System, Francis Mcgovern

Faculty Scholarship

Engle v. R.J. Reynolds Tobacco Co. raises the questions of whether and how elastic mass torts can be settled in our federal system. In particular, there is a procedural and practical dilemma: state courts provide relative ease of class action certification, but with the power to provide closure. A wide variety of options for the parties are considered in light of the Amchem and Ortiz decisions with the conclusion that the demand for finality will drive "bottom-up" reform and lead to more flexibility in resolving those types of mass torts.

Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

The Bronx “Bronx Jury”: A Profile Of Civil Jury Awards In New York Counties, Neil Vidmar, Mary R. Rose

Faculty Scholarship

No abstract provided.

Jury Room Ruminations On Forbidden Topics, Neil Vidmar, Shari S. Diamond

Faculty Scholarship

No abstract provided.

Protecting Natural Capital Through Ecosystem Service Districts, James Salzman, Geoffrey Heal, Gretchen C. Daily, Paul R. Ehrlich, Carol Boggs, Jessica Hellmann, Jennifer Hughes, Claire Kremen, Taylor Ricketts

Faculty Scholarship

No abstract provided.

Groundwater Ecosystems And The Service Of Water Purification, James Salzman, Janet S. Herman, David C. Culver

Faculty Scholarship

No abstract provided.

Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.