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Articles 1 - 30 of 85
Full-Text Articles in Law
Agreeing To Disagree: Security Council Resolution 1441 And Intentional Ambiguity, Michael Byers
Agreeing To Disagree: Security Council Resolution 1441 And Intentional Ambiguity, Michael Byers
Faculty Scholarship
No abstract provided.
The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo
The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo
Faculty Scholarship
This is the first paper to statistically examine the timing of interest group lobbying. It introduces a theoretical framework based on recurring “structural policy windows” and argues that these types of windows should have a large effect on the intensity and timing of interest group activity. Using a new database of all lobbying expenditures in the U.S. states ranging up to 25 years, the paper shows interest group lobbying increases substantially during one of these structural windows in particular--the budgeting process. Spikes in lobbying during budgeting are driven primarily by business groups. Moreover, even groups relatively unaffected by budgets lobby …
The Domestic Origins Of International Agreements, Rachel Brewster
The Domestic Origins Of International Agreements, Rachel Brewster
Faculty Scholarship
This paper examines how international agreements are substitutes for statutes. The statutory law-making system and international agreement negotiations are separate, but sometimes rival, processes for setting national-level policy. International agreements have several advantages over domestic statutes. Under United States law, international agreements can entrench policies that might otherwise be subject to change; they can transfer agenda-setting power from the Congress to the President; and they can delegate authority to international organizations. Each of these effects can lead domestic interest groups to seek international negotiations rather than domestic legislation. Little difference exists between the politics of international and domestic law: Interest …
Recognition And Enforcement Of Foreign Intellectual Property Judgments: Analysis And Guidelines For A New International Convention, Yoav Oestreicher
Recognition And Enforcement Of Foreign Intellectual Property Judgments: Analysis And Guidelines For A New International Convention, Yoav Oestreicher
Faculty Scholarship
S.J.D. dissertation, submitted April 2004
Finding Cures For Tropical Diseases: Is Open Source An Answer?, Arti K. Rai, Stephen M. Maurer, Andrej Sali
Finding Cures For Tropical Diseases: Is Open Source An Answer?, Arti K. Rai, Stephen M. Maurer, Andrej Sali
Faculty Scholarship
No abstract provided.
Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.
Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.
Faculty Scholarship
No abstract provided.
Firms, Courts, And Reputation Mechanisms: Towards A Positive Theory Of Private Ordering, Barak D. Richman
Firms, Courts, And Reputation Mechanisms: Towards A Positive Theory Of Private Ordering, Barak D. Richman
Faculty Scholarship
This Essay formulates a positive model that predicts when commercial parties will employ private ordering to enforce their agreements. The typical enforcement mechanism associated with private ordering is the reputation mechanism, in which a merchant community punishes parties in breach of contract by denying them future business. The growing private ordering literature argues that these private enforcement mechanisms can be superior to the traditional, less efficient enforcement measures provided by public courts. However, previous comparisons between public and private contractual enforcement have presented a misleading dichotomy by failing to consider a third enforcement mechanim: the vertically integrated firm. This Essay …
A Reflection On Rulemaking: The Rule 11 Experience, Paul D. Carrington, Andrew Wasson
A Reflection On Rulemaking: The Rule 11 Experience, Paul D. Carrington, Andrew Wasson
Faculty Scholarship
No abstract provided.
Reflections On Brown, Paul D. Carrington
Securitization Post-Enron, Steven L. Schwarcz
Securitization Post-Enron, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Mitu Gulati, Devon W. Carbado
Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Mitu Gulati, Devon W. Carbado
Faculty Scholarship
Racing to the top of the corporate hierarchy is difficult, no matter how qualified or capable the candidate. Producing more widgets than one's competitors is not enough. Negotiating the political landscape of the institution is also required. More specifically, individual corporate officers have to be appeased, powerful interest groups have to be co-opted and made allies, and competitors have to be undermined or eliminated. The more beaurocratic the organization and the more opaque the promotion process, the more important this institutional game to climbing the corporate ladder. This article identifies the kind of racial minorities or racial types who are …
Fraud By Hindsight, Mitu Gulati, Jeffrey J. Rachlinski, Donald C. Langevoort
Fraud By Hindsight, Mitu Gulati, Jeffrey J. Rachlinski, Donald C. Langevoort
Faculty Scholarship
No abstract provided.
Real Discrimination?, Erwin Chemerinsky
The Deconstitutionalization Of Education, Erwin Chemerinsky
The Deconstitutionalization Of Education, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Politics, Not History, Explains The Rehnquist Court, Erwin Chemerinsky
Politics, Not History, Explains The Rehnquist Court, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
English Constitutionalism Circa 2005, Or, Some Funny Things Happened After The Revolution, Ernest A. Young
English Constitutionalism Circa 2005, Or, Some Funny Things Happened After The Revolution, Ernest A. Young
Faculty Scholarship
reviewing Adam Tompkins, Public Law (2003)
The Penalty Default Canon, Kimberly D. Krawiec, Scott Baker
The Penalty Default Canon, Kimberly D. Krawiec, Scott Baker
Faculty Scholarship
Lawmakers often have an incentive to avoid making important policy choices, shifting responsibility for the outcomes of those choices onto other governmental branches. Statutory incompleteness (that is, a statute containing a gap or ambiguity) provides a mechanism for accomplishing this transfer of responsibility. Drawing on the incomplete contracts literature, we argue that the reasons for statutory incompleteness should form an important consideration for courts faced with interpretive disputes regarding an incomplete statutory provision. Specifically, if lawmakers attempt to employ statutory incompleteness as a means to shift responsibility for difficult policy choices onto courts or agencies, courts should penalize lawmakers by …
Principles To Guide The Office Of Legal Counsel, Walter E. Dellinger Iii, Christopher H. Schroeder, Dawn Johnsen, Randolph Moss, Joseph Guerra, Beth Nolan, Todd Peterson, Cornelia Pillar
Principles To Guide The Office Of Legal Counsel, Walter E. Dellinger Iii, Christopher H. Schroeder, Dawn Johnsen, Randolph Moss, Joseph Guerra, Beth Nolan, Todd Peterson, Cornelia Pillar
Faculty Scholarship
Former members of Office of Legal Counsel ("OLC") in the Department of Justice offer guidance for their successors. Among the document's recommendations are suggestions that the OLC "provide an accurate and honest appraisal of applicable law, even if that advice will constrain the administration’s pursuit of desired policies;" and "publicly disclose its written legal opinions in a timely manner, absent strong reasons for delay or nondisclosure."
Gaining/Losing Perspective On The Law, Or Keeping Digital Evidence In Perspective, Christopher J. Buccafusco
Gaining/Losing Perspective On The Law, Or Keeping Digital Evidence In Perspective, Christopher J. Buccafusco
Faculty Scholarship
No abstract provided.
Affirmative Action And Colorblindness From The Original Position, Guy-Uriel Charles
Affirmative Action And Colorblindness From The Original Position, Guy-Uriel Charles
Faculty Scholarship
In this Article, the author explores Grutter v. Bollinger from the vantage point of the colorblindness principle. He posits that the Grutter decision is noteworthy for two reasons. First, the Court rejected the argument that the Constitution is colorblind and that the classifications based on race are per se unconstitutional. Second, the Court explicitly recognized that racial categorizations are not all morally equivalent. The author uses classical liberalism as a heuristic for exploring whether the colorblindness argument is necessarily a moral imperative. He ultimately concludes that the Court adopted the correct approach in Grutter in rejecting the allure of the …
Innovation In Boilerplate Contracts: An Empirical Examination Of Soverign Bonds, Mitu Gulati, Stephen J. Choi
Innovation In Boilerplate Contracts: An Empirical Examination Of Soverign Bonds, Mitu Gulati, Stephen J. Choi
Faculty Scholarship
Network externalities may lead contracting parties to stay wiht a "standardized" term despite preferences for another term. Using a dataset of sovereign bond offerings from 1995 to early 2004, we test the importance of standardization for the modification provisions relating to payment terms. We provide evidence that (1) standardization may lead parties to adopt provisions not necessarily out of preference and (2) standards, nonetheless, may change. The process of change, however, is not necessarily quick or straightforward. In the sovereign bond context, change came by way of an "interpretive shock." Contracts with modification provisions requiring the unanimous consent of bondholders …
When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber
When Does Government Limit The Impact Of Voter Initiatives?, Elisabeth R. Gerber
Faculty Scholarship
Citizens use the initiative process to make new laws. Many winning initiatives, however, are altered or ignored after Election Day. We examine why this is, paying particular attention to several widely-ignored properties of the post-election phase of the initiative process. One such property is the fact that initiative implementation can require numerous governmental actors to comply with an initiative’s policy instructions. Knowing such properties, the question then becomes: When do governmental actors comply with winning initiatives? We clarify when compliance is full, partial, or not at all. Our findings provide a template for scholars and observers to better distinguish cases …
The Muddled Duty To Disclose Under Rule 10b-5, Donald C. Langevoort, G. Mitu Gulati
The Muddled Duty To Disclose Under Rule 10b-5, Donald C. Langevoort, G. Mitu Gulati
Faculty Scholarship
No abstract provided.
Issues In The Preservation Of Born-Digital Scholarly Communications In Law, Richard A. Danner
Issues In The Preservation Of Born-Digital Scholarly Communications In Law, Richard A. Danner
Faculty Scholarship
Professor Danner provides a general introduction to some of the impacts of "born-digital" information on scholarly communications, then discusses the possible impacts on scholarly communications in law, focusing on questions involving the preservation of "born-digital" information.
Experimental Simulations And Tort Reform: Avoidance, Error And Overreaching In Sunstein Et Al.’S ‘Punitive Damages’, Neil Vidmar
Experimental Simulations And Tort Reform: Avoidance, Error And Overreaching In Sunstein Et Al.’S ‘Punitive Damages’, Neil Vidmar
Faculty Scholarship
This article addresses tort reform claims made in Cass R. Sunstein, et al.'s Punitive Damages: How Juries Decide (2002)and related articles, research that was largely underwritten by the Exxon Corporation. Based upon a series of simulation experiments, those authors have made a general claim that juries are incapable of making coherent judgments about punitive damages. In this article I raise serious methodological problems bearing on the validity of the research, and, therefore, its ability to provide judges and legislators with useful information about juries and punitive damages.
Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris
Terrorism And Unilateralism: Criminal Jurisdiction And International Relations, Madeline Morris
Faculty Scholarship
No abstract provided.
On Military Commissions, Scott L. Silliman
On Military Commissions, Scott L. Silliman
Faculty Scholarship
With pretrial hearings for several detainees underway at Guantanamo Bay, and the prospect for full trials before military commissions1 starting either late this year or early in 2005, this little understood option for prosecuting terrorists has become the focus of intense debate within this country and abroad, even becoming an election year issue for the presidential contenders. Many have suggested that the military commission procedures should have grafted in more of the due process protections afforded in courts-martial under the Uniform Code of Military Justice, the criminal justice system created by Congress to govern the conduct of our own service …
The Rehnquist Revolution, Erwin Chemerinsky
I’Ve Seen Enough! My Life And Times In Health Care Law And Policy, Clark C. Havighurst
I’Ve Seen Enough! My Life And Times In Health Care Law And Policy, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
A World Of Passions: How To Think About Globalization Now, Jedediah Purdy
A World Of Passions: How To Think About Globalization Now, Jedediah Purdy
Faculty Scholarship
No abstract provided.