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Articles 1 - 30 of 86
Full-Text Articles in Law
Reconstructing Climate Policy: The Paths Ahead, Jonathan B. Wiener, Richard B. Stewart
Reconstructing Climate Policy: The Paths Ahead, Jonathan B. Wiener, Richard B. Stewart
Faculty Scholarship
No abstract provided.
Sovereign Piracy, Mitu Gulati, Kenneth N. Klee
Sovereign Piracy, Mitu Gulati, Kenneth N. Klee
Faculty Scholarship
No abstract provided.
The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.
The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
When Can A State Be Sued?, William W. Van Alstyne
When Can A State Be Sued?, William W. Van Alstyne
Faculty Scholarship
In her Popular Government article "When You Can't Sue the State: State Sovereign Immunity" (Summer 2000), Anita R. Brown-Graham described a series of recent decisions in which a sharply divided U.S. Supreme Court barred individuals from suing states for money damages for certain violations of federal law, such as laws prohibiting discrimination against employees because of their age. In the response that follows, William Van Alstyne argues that this barrier to relief is neither unduly imposing nor novel. The debate over the significance of these decisions is likely to continue. In February 2001, in another case decided by a five-to-four …
Risk, Death And Time: A Comment On Judge Williams’ Defense Of Cost-Benefit Analysis, Matthew D. Adler
Risk, Death And Time: A Comment On Judge Williams’ Defense Of Cost-Benefit Analysis, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar
Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Groundwater Ecosystems And The Service Of Water Purification, James Salzman, Janet S. Herman, David C. Culver
Groundwater Ecosystems And The Service Of Water Purification, James Salzman, Janet S. Herman, David C. Culver
Faculty Scholarship
No abstract provided.
The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell
The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell
Faculty Scholarship
'Bush v. Gore' was decided a year ago. As expected, it evoked a flood of journalistic and academic commentary. The present authors write to express dissatisfaction with the resulting literature. They find it in general to be dominated by the usual political discourse conducted from opposite ends of the usual political spectrum, with both ends sharing an assumption that the Supreme Court was animated in its decision by the usual political motives that it has become conventional to see in the actions of that institution. Left almost completely out of view have been the more personal selfish motives of the …
A Square Peg In A Round Hole? The 2000 Limitation On The Scope Of Federal Civil Discovery, Thomas D. Rowe Jr.
A Square Peg In A Round Hole? The 2000 Limitation On The Scope Of Federal Civil Discovery, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Overcoming Democracy: Richard Posner And Bush V. Gore, H. Jefferson Powell
Overcoming Democracy: Richard Posner And Bush V. Gore, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Wetland Value Indicators For Scoring Mitigation Trades, James Salzman, Lisa A. Wainger, Dennis King, James Boyd
Wetland Value Indicators For Scoring Mitigation Trades, James Salzman, Lisa A. Wainger, Dennis King, James Boyd
Faculty Scholarship
No abstract provided.
Dual Federalism, Concurrent Jurisdiction, And The Foreign Affairs Exception, Ernest A. Young
Dual Federalism, Concurrent Jurisdiction, And The Foreign Affairs Exception, Ernest A. Young
Faculty Scholarship
No abstract provided.
Two Cheers For Process Federalism, Ernest A. Young
Two Cheers For Process Federalism, Ernest A. Young
Faculty Scholarship
No abstract provided.
Who’S Afraid Of The Twelfth Amendment?, Ernest A. Young, Sanford Levinson
Who’S Afraid Of The Twelfth Amendment?, Ernest A. Young, Sanford Levinson
Faculty Scholarship
No abstract provided.
Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell
Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder
Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
Codifying Anti-Avoidance Doctrines And Controlling Corporate Tax Shelters, Lawrence A. Zelenak
Codifying Anti-Avoidance Doctrines And Controlling Corporate Tax Shelters, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Transatlantic Perspectives On Partnership Law: Risk And Instability, Deborah A. Demott
Transatlantic Perspectives On Partnership Law: Risk And Instability, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight
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.
The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin
The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin
Faculty Scholarship
No abstract provided.
Punitive Damages By Juries In Florida: In Terrorem And In Reality, Neil Vidmar, Mary R. Rose
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.
Further Thoughts, Erwin Chemerinsky
State Sovereign Immunity And Stare Decisis: Solving The Prisoners’ Dilemma Within The Court, Neil S. Siegel
State Sovereign Immunity And Stare Decisis: Solving The Prisoners’ Dilemma Within The Court, Neil S. Siegel
Faculty Scholarship
This Comment argues that the liberal and conservative blocs on the U.S. Supreme Court are embroiled in a Prisoners' Dilemma with respect to whether they should follow precedent on the question of congressional abrogation of state sovereign immunity. The analytical consequence of this strategic situation within the Court is that, over the long run, all of the Justices would more fully realize their views of the merits of Eleventh Amendment cases by demonstrating more--not less--respect for the independent value of stare decisis. This Comment uses game theory to substantiate this claim, after which it offers a potential, contingent solution to …
Working Knowledge: Trade Secrets, Restrictive Covenants In Employment, And The Rise Of Corporate Intellectual Property , 1800-1920, Catherine Fisk
Working Knowledge: Trade Secrets, Restrictive Covenants In Employment, And The Rise Of Corporate Intellectual Property , 1800-1920, Catherine Fisk
Faculty Scholarship
No abstract provided.
Mandating Negotiations To Solve The Nimby Problem: A Creative Regulatory Response, Barak D. Richman
Mandating Negotiations To Solve The Nimby Problem: A Creative Regulatory Response, Barak D. Richman
Faculty Scholarship
No abstract provided.
Introduction To Symposium On Rampart Police Scandal: Policing The Criminal Justice System, Catherine Fisk, David W. Burcham
Introduction To Symposium On Rampart Police Scandal: Policing The Criminal Justice System, Catherine Fisk, David W. Burcham
Faculty Scholarship
No abstract provided.
Executive Order 13,141 And The Environmental Review Of Trade Agreements, James Salzman
Executive Order 13,141 And The Environmental Review Of Trade Agreements, James Salzman
Faculty Scholarship
No abstract provided.
Culture, Cloaked In Mens Rea, Doriane Lambelet Coleman
Culture, Cloaked In Mens Rea, Doriane Lambelet Coleman
Faculty Scholarship
No abstract provided.
The Costs Of International Human Rights Litigation, Curtis A. Bradley
The Costs Of International Human Rights Litigation, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Backlash Against Managed Health Care: Hard Politics Make Bad Policy, Clark C. Havighurst
The Backlash Against Managed Health Care: Hard Politics Make Bad Policy, Clark C. Havighurst
Faculty Scholarship
McDonald-Merrill-Ketcham Lecture