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Articles 61 - 86 of 86
Full-Text Articles in Law
Foreword: The Myth Of The Liberal Ninth Circuit, Erwin Chemerinsky
Foreword: The Myth Of The Liberal Ninth Circuit, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Separate And Unequal: American Public Education Today, Erwin Chemerinsky
Separate And Unequal: American Public Education Today, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Cosmetic Compliance And The Failure Of Negotiated Governance, Kimberly D. Krawiec
Cosmetic Compliance And The Failure Of Negotiated Governance, Kimberly D. Krawiec
Faculty Scholarship
Across a range of legal regimes - including environmental, tort, employment discrimination, corporate, securities, and health care law - United States law reduces or eliminates enterprise liability for those organizations that can demonstrate the existence of "effective" internal compliance structures. Presumably, this legal standard rests on an assumption that internal compliance structures reduce the incidence of prohibited conduct within organizations. This Article demonstrates, however, that little evidence exists to support that assumption. In fact, a growing body of evidence indicates that internal compliance structures do not deter prohibited conduct within firms and may largely serve a window-dressing function that provides …
Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles
Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles
Faculty Scholarship
Reviewing, Bruce Ackerman & Ian Ayers, Voting with Dollars: A New Paradigm for Campaign Finance (2002)
Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins
Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins
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.
The Cracked Foundations Of The Right To Secede, Donald L. Horowitz
The Cracked Foundations Of The Right To Secede, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Legal Transitions: Some Welfarist Remarks, Matthew D. Adler
Legal Transitions: Some Welfarist Remarks, Matthew D. Adler
Faculty Scholarship
This essay offers a sympathetic, utilitarian critique of Louis Kaplow's famous argument for legal retroactivity in his 1986 article, "An Economic Analysis of Legal Transitions." The argument, very roughly, is that the prospect of retroactivity is desirable if citizens are rational because it gives them a desirable incentive to anticipate legal change. My central claim is that this argument trades upon a dubious, objective view of probability that assumes rational citizens assign the same probabilities to states as rational governmental officials. But it is subjective, not objective probabilities that bear on rational choice, and the subjective probabilities of rational citizens …
Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf
Constitutional Existence Conditions And Judicial Review, Matthew D. Adler, Michael C. Dorf
Faculty Scholarship
Although critics of judicial review sometimes call for making the entire Constitution nonjusticiable, many familiar norms of constitutional law state what we call "existence conditions" that are necessarily enforced by judicial actors charged with the responsibility of applying, and thus as a preliminary step, identifying, propositions of sub-constitutional law such as statutes. Article I, Section 7, which sets forth the procedures by which a bill becomes a law, is an example: a putative law that did not go through the Article I, Section 7 process and does not satisfy an alternative test for legal validity (such as the treaty-making provision …
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.
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.
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)
Book Review, Steven L. Schwarcz
Book Review, Steven L. Schwarcz
Faculty Scholarship
Reviewing Cross Border Collateral: Legal Risks and the Conflict of Laws (R. Potok ed., 2002).
The Myth Of Pretax Income, Lawrence A. Zelenak
The Myth Of Pretax Income, Lawrence A. Zelenak
Faculty Scholarship
Reviewing, Liam Murphy & Thomas Nagel, The Myth of Ownership: Taxes and Justice (2002).
Is The Sky Falling On The Federal Government? State Sovereign Immunity, The Section Five Power, And The Federal Balance, Ernest A. Young
Is The Sky Falling On The Federal Government? State Sovereign Immunity, The Section Five Power, And The Federal Balance, Ernest A. Young
Faculty Scholarship
reviewing John T. Noonan, Jr., Narrowing the Nation's Power: The Supreme Court Sides with the States (2002)
The Trouble With Global Constitutionalism, Ernest A. Young
The Trouble With Global Constitutionalism, Ernest A. Young
Faculty Scholarship
No abstract provided.
Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne
Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Seventh Aspect Of Self-Hatred: Race, Latcrit, And Fighting The Status Quo, Jerome Mccristal Culp Jr.
Seventh Aspect Of Self-Hatred: Race, Latcrit, And Fighting The Status Quo, Jerome Mccristal Culp 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.
Reconstructing Climate Policy: Beyond Kyoto, Jonathan B. Wiener, Richard B. Stewart
Reconstructing Climate Policy: Beyond Kyoto, Jonathan B. Wiener, Richard B. Stewart
Faculty Scholarship
In their comprehensive analysis of the Kyoto Protocol and climate policy, Richard B. Stewart and Jonathan B. Wiener examine the current impasse in climate policy and the potential steps nations can take to reduce greenhouse gases. They summarize the current state of information regarding the extent of global warming that would be caused by increasing uncontrolled greenhouse gas emissions. They explain why participation by all major greenhouse gas-emitting countries is essential to curb future greenhouse gas emissions and also note the significant obstacles to obtaining such participation.
Stewart and Wiener argue it is in the national interest of the United …
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)
It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.
It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.