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Articles 91 - 102 of 102
Full-Text Articles in Law
The Legal Origins Theory In Crisis, Lisa Fairfax
The Legal Origins Theory In Crisis, Lisa Fairfax
All Faculty Scholarship
The Legal Origins Theory purports to predict how countries respond to economic and social problems. Specifically, the legal origins of the United States should strongly influence the manner it approaches economic problems and its approach should be distinct from the response of civil law countries. If the theory is accurate, America's legal tradition should have a profound impact on its response to the crisis. This Article seeks to test the boundaries of the theory by assessing whether it could have predicted the manner the U.S. responded to the current economic crisis. After analyzing the U.S. response to the crisis, this …
The Perils Of Forgetting Fairness, Michael B. Dorff, Kimberly Kessler Ferzan
The Perils Of Forgetting Fairness, Michael B. Dorff, Kimberly Kessler Ferzan
All Faculty Scholarship
No abstract provided.
Time Out, Stephen B. Burbank
Law, Society, And Medical Malpractice Litigation In Japan, Eric Feldman
Law, Society, And Medical Malpractice Litigation In Japan, Eric Feldman
All Faculty Scholarship
No abstract provided.
Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard Jr.
Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Understanding Patent-Quality Mechanisms, R. Polk Wagner
Understanding Patent-Quality Mechanisms, R. Polk Wagner
All Faculty Scholarship
No abstract provided.
Strong Claims And Weak Evidence: Reassessing The Predictive Validity Of The Iat, Hart Blanton, James Jaccard, Jonathan Klick, Barbara Mellers, Gregory Mitchell, Philip Tetlock
Strong Claims And Weak Evidence: Reassessing The Predictive Validity Of The Iat, Hart Blanton, James Jaccard, Jonathan Klick, Barbara Mellers, Gregory Mitchell, Philip Tetlock
All Faculty Scholarship
The authors reanalyzed data from 2 influential studies — A. R. McConnell and J. M. Leibold (2001) and J. C. Ziegert and P. J. Hanges (2005) — that explore links between implicit bias and discriminatory behavior and that have been invoked to support strong claims about the predictive validity of the Implicit Association Test. In both of these studies, the inclusion of race Implicit Association Test scores in regression models reduced prediction errors by only tiny amounts, and Implicit Association Test scores did not permit prediction of individual-level behaviors. Furthermore, the results were not robust when the impact of rater …
Reconceptualizing Human Rights To Challenge Tobacco, Rangita De Silva De Alwis, Richard Daynard
Reconceptualizing Human Rights To Challenge Tobacco, Rangita De Silva De Alwis, Richard Daynard
All Faculty Scholarship
No abstract provided.
Ruth Bader Ginsburg And Sensible Pragmatism In Federal Jurisdictional Policy, Tobias Barrington Wolff
Ruth Bader Ginsburg And Sensible Pragmatism In Federal Jurisdictional Policy, Tobias Barrington Wolff
All Faculty Scholarship
This article, written as part of a symposium celebrating the work of Justice Ruth Bader Ginsburg on the occasion of her fifteenth year on the Supreme Court, examines the strain of sensible legal pragmatism that informs Justice Ginsburg's writing in the fields of Civil Procedure and Federal Jurisdiction. Taking as its point of departure the Supreme Court's decision in City of Chicago v. International College of Surgeons, in which Ginsburg dissented, the article develops an argument against strict textualism in federal jurisdictional analysis. In its place, the article urges a purposive mode of interpretation that approaches jurisdictional text with a …
Symposium: Supreme Court Review, Symposium Foreword, Mitchell N. Berman
Symposium: Supreme Court Review, Symposium Foreword, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Treatment Differences And Political Realities In The Gaap-Ifrs Debate, William W. Bratton, Lawrence A. Cunningham
Treatment Differences And Political Realities In The Gaap-Ifrs Debate, William W. Bratton, Lawrence A. Cunningham
All Faculty Scholarship
No abstract provided.
The First Amendment And Commercial Speech, C. Edwin Baker
The First Amendment And Commercial Speech, C. Edwin Baker
All Faculty Scholarship
After a quick summary of constitutional treatment of commercial speech, this essay outlines four reasons why commercial speech should be denied First Amendment protection. Working from the claim that the primary rationale for constitutional protection of speech is the mandate that government respect individual freedom or autonomy, the essay argues: 1) that the individual does not choose, but rather the market dictates the content of commercial speech; 2) that the commercial speech should be attributed to an artificial, instrumentally entity – the business enterprise – rather than the flesh and blood person whose liberty merits protection; 3) market exchanges involve …