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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.
Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, James Salzman, J.B. Ruhl
Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, James Salzman, J.B. Ruhl
Faculty Scholarship
No abstract provided.
When All Of Us Are Victims: Juror Prejudice And ‘Terrorist’ Trials, Neil Vidmar
When All Of Us Are Victims: Juror Prejudice And ‘Terrorist’ Trials, Neil Vidmar
Faculty Scholarship
No abstract provided.
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)
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
Faculty Scholarship
Legal academics often perceive law and economics (L&E) and critical race theory (CRT) as oppositional discourses. Using a recently published collection of essays on CRT as a starting point, we argue that the understanding of workplace discrimination can be furthered through a collaboration between L&E and CRT. L&E's strength is in its attention to incentives and norms, specifically its concern with explicating how norms incentivize behavior. Its limitation is that it treats race as exogenous and static. Thus, the literature fails to consider how institutional norms affect, and are affected by, race. To put the point another way, L&E does …
Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky
Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky
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.
Three Generations Of Participation Rights In European Administrative Proceedings, Francesca E. Bignami
Three Generations Of Participation Rights In European Administrative Proceedings, Francesca E. Bignami
Faculty Scholarship
This paper develops a conceptual framework for analyzing the development of participation rights in Community administration from the early 1970's to the present day. Procedural rights can be divided into three categories, each of which is associated with a distinct phase in Community history and a particular set of institutional actors. The first set of rights, the right to a fair hearing when the Commission inflicts sanctions or other forms of hardship on individuals, first emerged in the 1970's in the context of competition proceedings and later in areas such as anti-dumping and structural funds. This phase was driven by …
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.
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 …
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.
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.
Comments On The European Commission’S Draft Proposal For A Council Regulation On The Law Applicable To Non-Contractual Obligations (Hamburg Group For Private International Law), Ralf Michaels
Faculty Scholarship
No abstract provided.
Tenure, Mitu Gulati, Devon W. Carbado
Under The Bridges Of Paris: Economic Liberties Should Not Be Just For The Rich, Erwin Chemerinsky
Under The Bridges Of Paris: Economic Liberties Should Not Be Just For The Rich, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky
Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Inside The Jury Room - Evaluating Juror Discussions During Trial, Neil Vidmar, Shari S. Diamond, Mary R. Rose, Leslie Ellis, Beth Murphy
Inside The Jury Room - Evaluating Juror Discussions During Trial, Neil Vidmar, Shari S. Diamond, Mary R. Rose, Leslie Ellis, Beth Murphy
Faculty Scholarship
No abstract provided.
Cruel And Unusual: The Story Of Leandro Andrade, Erwin Chemerinsky
Cruel And Unusual: The Story Of Leandro Andrade, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Ignoring The Rule Of Law: The Courts And The Guantanamo Detainees, Erwin Chemerinsky
Ignoring The Rule Of Law: The Courts And The Guantanamo Detainees, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Book Review, Catherine Fisk
Book Review, Catherine Fisk
Faculty Scholarship
Reviewing Alice Kessler-Harris, In Pursuit of Equity: Women, Men, and the Quest for Economic Citizenship in 20th-Century America (2001)
Human Rights And Intellectual Property: Conflict Or Coexistence?, Laurence R. Helfer
Human Rights And Intellectual Property: Conflict Or Coexistence?, Laurence R. Helfer
Faculty Scholarship
Human rights and intellectual property, two bodies of law that were once strangers, are becoming increasingly intimate bedfellows. Over the past three years, human rights bodies within the United Nations have devoted unprecedented attention to intellectual property issues, including patented medicines, digital copyrights, technology transfers, economic, social and cultural rights, plant variety protection, and economic development. Unlike the approaches adopted in established intellectual property lawmaking organizations such as the WTO and WIPO, the new human rights approach to intellectual property is often critical of existing standards of protection and it seeks to address legal and policy issues that intellectual property …
Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight
Constitutional Borrowing And Nonborrowing, Lee Epstein, Jack Knight
Faculty Scholarship
No abstract provided.
The Norm Of Prior Judicial Experience And Its Consequences For Career Diversity On The U.S. Supreme Court, Lee Epstein, Jack Knight, Andrew D. Martin
The Norm Of Prior Judicial Experience And Its Consequences For Career Diversity On The U.S. Supreme Court, Lee Epstein, Jack Knight, Andrew D. Martin
Faculty Scholarship
No abstract provided.
Law School Libraries, Richard A. Danner
Contemporary And Future Directions In American Legal Research: Responding To The Threat Of The Available, Richard A. Danner
Contemporary And Future Directions In American Legal Research: Responding To The Threat Of The Available, Richard A. Danner
Faculty Scholarship
No abstract provided.
Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox
Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox
Faculty Scholarship
No abstract provided.
Ideology And The Selection Of Federal Judges, Erwin Chemerinsky
Ideology And The Selection Of Federal Judges, Erwin Chemerinsky
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.
Environmental Law, Congress And The Court’S New Federalism, Christopher H. Schroeder
Environmental Law, Congress And The Court’S New Federalism, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.