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Articles 1 - 30 of 49
Full-Text Articles in Law
Essential Questions: What To Ask About The Bar Exam, Patricia D. White
Essential Questions: What To Ask About The Bar Exam, Patricia D. White
Articles
No abstract provided.
Two Deans Answer The Law School Wellness Questions They Hear The Most, Janet Stearns, David B. Jaffe
Two Deans Answer The Law School Wellness Questions They Hear The Most, Janet Stearns, David B. Jaffe
Articles
No abstract provided.
Using Intellectual Property Law To Promote Human Flourishing For Market Women, J. Janewa Osei-Tutu
Using Intellectual Property Law To Promote Human Flourishing For Market Women, J. Janewa Osei-Tutu
Articles
No abstract provided.
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Articles
No abstract provided.
Alabama Song? Lotte Lenya? No. Adolph Hitler!, Patrick O. Gudridge
Alabama Song? Lotte Lenya? No. Adolph Hitler!, Patrick O. Gudridge
Articles
No abstract provided.
Between Mexico And The United States, Kunal M. Parker
Modularity In Cross-Border Insolvency, Andrew B. Dawson
Modularity In Cross-Border Insolvency, Andrew B. Dawson
Articles
No abstract provided.
Real "Fake News" And Fake "Fake News", Lili Levi
The Other Trade War, Kathleen Claussen
Severe Brain Injury, Disability, And The Law: Achieving Justice For A Marginalized Population, Megan S. Wright, Nina Varsava, Joel Ramirez, Kyle Edwards, Nathan Gueveremont, Tamar Ezer, Joseph J. Fins
Severe Brain Injury, Disability, And The Law: Achieving Justice For A Marginalized Population, Megan S. Wright, Nina Varsava, Joel Ramirez, Kyle Edwards, Nathan Gueveremont, Tamar Ezer, Joseph J. Fins
Articles
Thousands of persons with severe brain injury who are minimally conscious or "locked in" are wrongly treated as if they are unconscious. Such individuals are unable to advocate for themselves and are typically segregated from society in hospitals or nursing homes. As a result, they constitute a class of persons who often lack access to adequate medical care, rehabilitation, and assistive devices that could aid them in communication and recovery. While this problem is often approached from a medical or scientific point of view, here we frame it as a legal issue amenable to legal remedies. This Article comprehensively explores …
The Myth Of Free, John M. Newman
The Myth Of Free, John M. Newman
Articles
Myths matter. This Article is the first to confront a powerful myth that pervades modern economic, technological, and legal discourse: the Myth of Free. The prevailing view is that consumers capture massive welfare surplus from a flood of innovative new products that are offered free of charge. Economists, legal scholars, and industry stakeholders created an origin story-a myth-to explain how these products became "Free."
But that orthodox origin story is fatally flawed. This Article formalizes, then debunks, the Myth of Free and its underlying assumptions. The Myth is riddled with internal inconsistencies, logical errors, and factual. inaccuracies. In their place, …
Judges Behaving Badly - Clinics Fighting Back: The Struggle For Special Immigrant Juveniles In State Dependency Courts In The Age Of Trump, Bernard P. Perlmutter
Judges Behaving Badly - Clinics Fighting Back: The Struggle For Special Immigrant Juveniles In State Dependency Courts In The Age Of Trump, Bernard P. Perlmutter
Articles
No abstract provided.
Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley
Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley
Articles
No abstract provided.
The New Bond Workouts, William Wilson Bratton, Adam J. Levitin
The New Bond Workouts, William Wilson Bratton, Adam J. Levitin
Articles
Bond workouts are a famously dysfunctional method of debt restructuring. The process is so ridden with opportunistic and coercive behavior by both bondholders and bond issuers as to make success intrinsically unlikely. Yet since 2008 bond workouts have quietly started to work. A segment of the restructuring market has shifted from bankruptcy court to out-of-court workouts by way of exchange offers made only to large institutional investors. The new workouts feature a battery of strong-arm tactics by bond issuers, and aggrieved bondholders have complained in court. There resulted a new, broad reading of the primary law governing workouts, section 3 …
Separation Of Trade Law Powers, Kathleen Claussen
Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen
Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen
Articles
No abstract provided.
Justice Beyond Dispute, Mary Anne Franks
The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack
The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack
Articles
No abstract provided.
Happy Birthday Siri! Dialing In Legal Ethics For Artificial Intelligence, Smartphones, And Real Time Lawyers, Jan L. Jacobowitz, Justin Ortiz
Happy Birthday Siri! Dialing In Legal Ethics For Artificial Intelligence, Smartphones, And Real Time Lawyers, Jan L. Jacobowitz, Justin Ortiz
Articles
No abstract provided.
The Central Claiming Renaissance, Andres Sawicki
The Central Claiming Renaissance, Andres Sawicki
Articles
The Supreme Court has recently reinvigorated the law of patentable subject matter. But beneath the headlines proclaiming the return of limits to patent eligibility, a more profound shift has taken place: central claiming is reborn.
The Court's eligibility cases are significant outliers compared to today's run-of-the-mill patent law because claim language plays little role in their analyses. In our modern peripheral claiming system, the claim language is the near exclusive guide to the patent's boundaries. But in its earliest days, our patent system pursued a central claiming approach, in which the inventor's actual work determined the patent's scope. The Court's …
Uncovering Through Discovery (Book Review), Sergio J. Campos
Uncovering Through Discovery (Book Review), Sergio J. Campos
Articles
No abstract provided.
The Rugged Individual's Guide To The Fourth Amendment: How The Court's Idealized Citizen Shapes, Influences, And Excludes The Exercise Of Constitutional Rights, Scott E. Sundby
Articles
Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen
Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag. Or who can help but feel humbled by the courage of Rosa Parks, a seamstress, who was willing to be arrested rather than sit in the back of the bus?
But while these stories of everyday individuals …
Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri
Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri
Articles
No abstract provided.
Discovery Disclosure And Deterrence, Sergio J. Campos, Cheng Li
Discovery Disclosure And Deterrence, Sergio J. Campos, Cheng Li
Articles
Courts, practitioners, and scholars have recently expressed concern over the ex post costs of discovery in civil litigation. In this Article, we develop a game theoretic model of litigant behavior to study an overlooked phenomenon-the ex ante effects of discovery on a defendant's incentive to engage in unlawful conduct. We focus on motions to seal, which limit the disclosure of discovered information to the public, but permit disclosure to the court and parties. Specifically, we examine the effect different rules regarding such motions have in deterring defendants from engaging in unlawful behavior. We show that as a rule becomes more …
From The Editors, Anthony E. Varona, Camille A. Nelson
Franchise Regulation For The Fissured Economy, Andrew Elmore
Franchise Regulation For The Fissured Economy, Andrew Elmore
Articles
No abstract provided.
Everything Is Contingent: A Comment On Bob Gordon's Taming The Past, Kunal M. Parker
Everything Is Contingent: A Comment On Bob Gordon's Taming The Past, Kunal M. Parker
Articles
No abstract provided.
What's Next: Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
What's Next: Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
Articles
No abstract provided.
Beyond Norms: Using International Economic Tools To Deter Malicious State-Sponsored Cyber Activities, Kathleen Claussen
Beyond Norms: Using International Economic Tools To Deter Malicious State-Sponsored Cyber Activities, Kathleen Claussen
Articles
In thinking about strategy and doctrine for cyberspace, one cannot ignore either the cyber domain's interaction with other domains or the applicability of existing legal tools to address cyberspace issues. This Comment focuses on the latter and argues that any discussion regarding deterrence and a playbook for consequences for cyber incidents by state actors ought necessarily to include a careful examination of existing plays, particularly where those incidents have an economic component as many do. Focusing on multilateral institutions, regional and bilateral trade and investment agreements, and unilateral tariff and non-tariff trade and investment tools, this Comment maintains that current …
Collaborative Enforcement, Andrew Elmore
Collaborative Enforcement, Andrew Elmore
Articles
Labor standards enforcement in the low-wage workplace has long suffered from a lack of capacity, expertise and remedies that blunt the impact of public and private enforcers alike. The question of how to address these pathologies in state and local workplace regulation has gained new urgency with the virtual explosion of regional labor lawmaking and the deregulatory impulses of the new federal administration.
This Article identifies collaboration between state and local agencies and private, public interest organizations ("PIOs") as one pathway to address these enforcement gaps, by amplifying the deterrent effect of public and private enforcement and by improving legal …