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Articles 1 - 30 of 86
Full-Text Articles in Law
Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes
Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes
Faculty Scholarship
No abstract provided.
Why Is There So Little Money In U.S. Politics?, John M. De Figueiredo, Stephen Ansolabehere, James M. Snyder Jr.
Why Is There So Little Money In U.S. Politics?, John M. De Figueiredo, Stephen Ansolabehere, James M. Snyder Jr.
Faculty Scholarship
No abstract provided.
Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles
Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight
Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight
Faculty Scholarship
No abstract provided.
What Exactly Is Racial Diversity?, Devon W. Carbado, Mitu Gulati
What Exactly Is Racial Diversity?, Devon W. Carbado, Mitu Gulati
Faculty Scholarship
No abstract provided.
The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin
The Political (Science) Context Of Judging, Lee Epstein, Jack Knight, Andrew D. Martin
Faculty Scholarship
No abstract provided.
Constitutional Analogies In The International Legal System, Laurence R. Helfer
Constitutional Analogies In The International Legal System, Laurence R. Helfer
Faculty Scholarship
This Article explores issues at the frontier of international law and constitutional law. It considers five key structural and systemic challenges that the international legal system now faces: (1) decentralization and disaggregation; (2) normative and institutional hierarchies; (3) compliance and enforcement; (4) exit and escape; and (5) democracy and legitimacy. Each of these issues raises questions of governance, institutional design, and allocation of authority paralleling the questions that domestic legal systems have answered in constitutional terms. For each of these issues, I survey the international legal landscape and consider the salience of potential analogies to domestic constitutions, drawing upon and …
Book Review: Dekker, The Invisible Line, Joseph Blocher
Book Review: Dekker, The Invisible Line, Joseph Blocher
Faculty Scholarship
Reviewing Henri A.L. Dekker, The Invisible Line: Land Reform, Land Tenure Security and Land Registration (2003)
Asserted But Unproven: A Further Response To The Lindgren Study’S Claim That The American Bar Association’S Ratings Of Judicial Nominees Are Biased, Neil Vidmar, Michael J. Saks
Asserted But Unproven: A Further Response To The Lindgren Study’S Claim That The American Bar Association’S Ratings Of Judicial Nominees Are Biased, Neil Vidmar, Michael J. Saks
Faculty Scholarship
No abstract provided.
Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller
Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang
Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang
Faculty Scholarship
No abstract provided.
The International Journal Of Legal Information And The Iall: An Introduction To The Cumulative Index, Richard A. Danner
The International Journal Of Legal Information And The Iall: An Introduction To The Cumulative Index, Richard A. Danner
Faculty Scholarship
No abstract provided.
Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn
Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn
Faculty Scholarship
In May 2003, the WTO granted a waiver for trade restrictions imposed on WTO members not participating in the Kimberley Certification Scheme combating so-called "conflict diamonds." This Article examines the implications of this waiver decision. It argues that GATT/TBT provisions may already excuse the trade restrictions at issue, especially now that the UN Security Council has explicitly supported them. The waiver, therefore, risks sending out the wrong signals, confirming a WTO "superiority complex." At the same time, by excluding restrictions between Kimberley participants from its scope, the waiver implies that WTO members considered the Kimberley scheme to be a non-WTO …
New Dimensions In Sentencing Reform In The Twenty-First Century, Robert P. Mosteller
New Dimensions In Sentencing Reform In The Twenty-First Century, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
A Comment On New York Times V. Tasini, David L. Lange
A Comment On New York Times V. Tasini, David L. Lange
Faculty Scholarship
No abstract provided.
Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller
Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller
Faculty Scholarship
This comment has two major parts. Part I reviews some of the developments in the law relating to victim impact evidence over the last decade in light of my earlier predictions and hopes in this area. Part II examines victim catharsis and its growing importance as a justification for the receipt of victim impact evidence.
Environmental Tribalism, James Salzman, Douglas A. Kysar
Environmental Tribalism, James Salzman, Douglas A. Kysar
Faculty Scholarship
No abstract provided.
The Parsonage Exemption Violates The Establishment Clause And Should Be Declared Unconstitutional, Erwin Chemerinsky
The Parsonage Exemption Violates The Establishment Clause And Should Be Declared Unconstitutional, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
A Typology Of Multilateral Treaty Obligations: Are Wto Obligations Bilateral Or Collective In Nature?, Joost H. B. Pauwelyn
A Typology Of Multilateral Treaty Obligations: Are Wto Obligations Bilateral Or Collective In Nature?, Joost H. B. Pauwelyn
Faculty Scholarship
An important, though oft neglected, distinction between multilateral treaty obligations separates obligations of the bilateral nature from those of the collective or erga omnes partes type. Multilateral obligations of the bilateral type can be reduced to a compilation of bilateral, state-to-state relations. They can be compared to contracts. Collective obligations, in contrast, cannot be divided into bilateral components. They are concluded in pursuit of a collective interest that transcends the individual interests of the contracting parties. The standard example of such obligations are those arising under a human rights treaty. In domestic law, collective obligations can be compared to criminal …
The Segregation And Resegregation Of American Public Education: The Court’S Role, Erwin Chemerinsky
The Segregation And Resegregation Of American Public Education: The Court’S Role, Erwin Chemerinsky
Faculty Scholarship
Schools in the South and throughout the country are resegregating. Why is this occuring, and why were desegregation efforts limited in their success? This Essay argues that the Supreme Court is largely to blame. In a series of decisions in the 1970's, the Court ensured separate and unequal schools by preventing inderdistrict remedies, refusing to find that inequities in school funding are unconstitutional, and making it difficult to prove a constitutional violation in northern de facto segregated school systems. In a series of decisions in the 1990's, the Court ordered an end to effective desegregation orders. Lower federal courts have …
More On Lazy Rules: Remarks At The Investiture Of Ira Mark Ellman, Katharine T. Bartlett
More On Lazy Rules: Remarks At The Investiture Of Ira Mark Ellman, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale
Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale
Faculty Scholarship
No abstract provided.
On Rankings, A Response To Mitchell Berger, Paul D. Carrington
On Rankings, A Response To Mitchell Berger, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington
Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The Limits Of Litigation: ‘Americanization’ And Negotiation In The Settlement Of Wto Disputes, Joost H. B. Pauwelyn
The Limits Of Litigation: ‘Americanization’ And Negotiation In The Settlement Of Wto Disputes, Joost H. B. Pauwelyn
Faculty Scholarship
This Article examines the extent to which World Trade Organization WTO) dispute settlement is "Americanized." It scrutinizes three features of the WTO mechanism for proof of "Americanization": the right to a panel, the legalization of the panel process, and the bilateral and adversarial nature of the WTO dispute settlement system. Recognizing the many benefits linked to these three features, the Article then identifies some of the problems that have accompanied them. Finally, the Article suggests ways to remedy those problems focusing, in particular, on how trade disputes could be settled other than through bilateral state-to-state litigation. In that sense, the …
Modeling Supreme Court Strategic Decision Making: The Congressional Constraint, Barak D. Richman, Mario Bergara, Pablo T. Spiller
Modeling Supreme Court Strategic Decision Making: The Congressional Constraint, Barak D. Richman, Mario Bergara, Pablo T. Spiller
Faculty Scholarship
This paper addresses the contradictory results obtained by Segal (1997) and Spiller and Gely (1992) concerning the impact of institutional constraints on the U.S. Supreme Court's decision making. By adapting the Spiller and Gely maximum likelihood model to the Segal dataset, we find support for the hypothesis that the Court adjusts its decisions to presidential and congressional preferences. Data from 1947 to 1992 indicate that the average probability of the Court being constrained has been approximately one-third. Further, we show that the results obtained by Segal are the product of biases introduced by a misspecified econometric model. We also discuss …
Book Review, Ralf Michaels
Book Review, Ralf Michaels
Faculty Scholarship
Reviewing, Rethinking the Masters of Comparative Law, (Annelise Riles ed., Hart Publishing 2001)
Segregation And Resegregation In North Carolina’S Public School Classrooms, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor
Segregation And Resegregation In North Carolina’S Public School Classrooms, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor
Faculty Scholarship
Although many studies have used information at the school level to measure the degree of racial segregation between schools, the absence of more detailed data has limited the analysis of segregation within schools. Using a rich set of administrative data on North Carolina public schools, we examine patterns of enrollment both across and within schools, allowing us to assess the comparative importance of segregation of each type and how they interact. To examine patterns in upper as well as lower grades, we perform separate tabulations for 1st, 4th, 7th, and 10th grades. The data make possible what we believe to …
Tenure, Mitu Gulati, Devon W. Carbado
Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky
Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.