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Articles 1 - 30 of 102
Full-Text Articles in Law
Fifty Years Of Community Service: A Tribute To Mel Shimm, Barak D. Richman
Fifty Years Of Community Service: A Tribute To Mel Shimm, Barak D. Richman
Faculty Scholarship
No abstract provided.
Uncovering The Invisible Profile Of Medical Malpractice Litigation: Insights From Florida, Neil Vidmar, Paul Lee, Kara Mackillop, Kieran Mccarthy, Gerald Mcgwin
Uncovering The Invisible Profile Of Medical Malpractice Litigation: Insights From Florida, Neil Vidmar, Paul Lee, Kara Mackillop, Kieran Mccarthy, Gerald Mcgwin
Faculty Scholarship
No abstract provided.
Book Review: Fairness Vs. Welfare, Matthew D. Adler
Book Review: Fairness Vs. Welfare, Matthew D. Adler
Faculty Scholarship
Reviewing Louis Kaplow & Steven Shavell, Fairness versus Welfare (2002)
Medical Malpractice And The Tort System In Illinois (Report To The Illinois State Bar Association, May 2005), Neil Vidmar
Medical Malpractice And The Tort System In Illinois (Report To The Illinois State Bar Association, May 2005), Neil Vidmar
Faculty Scholarship
A report to the Illinois State Bar Association of a study examining the incidence, frequency, size of verdicts and other aspects of the medical malpractice system in Illinois. The study looked at statewide data where available, concentrating on Cook and DuPage counties, and Madison and St. Clair counties. The study concludes that the Illinois tort system does not appear to be the cause of the undisputed fact that doctors' liability insurance premiums showed dramatic rises.
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Faculty Scholarship
No abstract provided.
Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith
Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
This Article presents a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism. The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the …
How Much Does Money Matter In A Direct Democracy?, John M. De Figueiredo
How Much Does Money Matter In A Direct Democracy?, John M. De Figueiredo
Faculty Scholarship
No abstract provided.
Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty
Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty
Faculty Scholarship
This is an edited version of a debate held at Columbia Law School on February 21, 2005.
Polygamy, Prostitution, And The Federalization Of Immigration Law, Kerry Abrams
Polygamy, Prostitution, And The Federalization Of Immigration Law, Kerry Abrams
Faculty Scholarship
When Congress banned the immigration of Chinese prostitutes with the Page Law of 1875, it was the first restrictive federal immigration statute. Yet most scholarship treats the passage of the Page Law as a relatively unimportant event, viewing the later Chinese Exclusion Act as the crucial landmark in the federalization of immigration law. This Article argues that the Page Law was not a minor statute targeting a narrow class of criminals, but rather an attempt to prevent Chinese women in general from immigrating to the United States. Most Chinese women migrating to the United States in the early 1870s were …
Rien Ne Va Plus? Distinguishing Domestic Regulation From Market Access In Gatt And Gats, Joost H. B. Pauwelyn
Rien Ne Va Plus? Distinguishing Domestic Regulation From Market Access In Gatt And Gats, Joost H. B. Pauwelyn
Faculty Scholarship
Depending on how one classifies market intervention, trade liberalization disciplines can be lenient or strict. Perhaps the most important distinction in this respect is that between government intervention labeled as a "market access restriction" and that defined as "domestic regulation." Both the GATT and the GATS declare market access restrictions (such as import quotas or limitations on the number of service suppliers) to be, in principle, prohibited. In contrast, domestic regulations (such as internal taxes, health standards, and safety requirements) are treated with much more deference. They are, in essence, only prohibited when discriminatory or more trade restrictive than necessary. …
Letting Billions Slip Through Your Fingers: Empirical Evidence And Legal Implications Of The Failure Of Financial Institutions To Participate In Securities Class Action Settlements, James D. Cox, Randall S. Thomas
Letting Billions Slip Through Your Fingers: Empirical Evidence And Legal Implications Of The Failure Of Financial Institutions To Participate In Securities Class Action Settlements, James D. Cox, Randall S. Thomas
Faculty Scholarship
In a pilot study we published two years ago, we reported that nearly two-thirds of the institutional investors with financial losses in 53 settled securities class actions fail to submit claims. As a consequence of this failure substantial sums they were entitled to receive were given to others. This article presents the results of a much more extensive investigation of the frequency with which financial institutions submit claims in settled securities class actions. We combine an empirical study of a much larger set of settlements with the results of a survey of institutional investors about their claims filing practices. Consistent …
Open And Collaborative Research: A New Model For Biomedicine, Arti K. Rai
Open And Collaborative Research: A New Model For Biomedicine, Arti K. Rai
Faculty Scholarship
The advent of open source software has prompted some theoretical speculation about the applicability of open source production principles to biomedical research. This paper moves beyond theoretical analysis into an empirical examination of biomedical research projects that operate under what might be called an "open and collaborative" model. Open and collaborative projects represent a fresh approach to biomedicine in that they not only disavow its exclusionary behavior but they also reject its small-lab based structure. The paper argues that open and collaborative biomedical research represents a promising experiment. Not only has it produced software and genomic data that is usable, …
Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.
Citizen Standing To Enforce Anti-Cruelty Laws By Obtaining Injunctions: The North Carolina Experience, William A. Reppy Jr.
Faculty Scholarship
North Carolina law authorizes citizen standing for the enforcement of anti-cruelty laws, thus supplementing criminal prosecution by means not used in any other state. Citizens, cities, counties and animal welfare organizations can enforce animal cruelty laws through a civil injunction. This article explores the various amendments to North Carolina's civil enforcement legislation and the present law's strengths and weaknesses. The author suggests an ideal model anti-cruelty civil remedies statute.
The Confused U.S. Framework For Foreign-Bank Insolvency: An Open Research Agenda, Steven L. Schwarcz
The Confused U.S. Framework For Foreign-Bank Insolvency: An Open Research Agenda, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Proprietary Rights And Collective Action: The Case Of Biotechnology Research With Low Commercial Value, Arti K. Rai
Proprietary Rights And Collective Action: The Case Of Biotechnology Research With Low Commercial Value, Arti K. Rai
Faculty Scholarship
No abstract provided.
The Story Of ‘Hoffman Plastic Compounds V. Nlrb’: Labor Rights Without Remedies For Undocumented Immigrants, Catherine Fisk, Michael J. Wishnie
The Story Of ‘Hoffman Plastic Compounds V. Nlrb’: Labor Rights Without Remedies For Undocumented Immigrants, Catherine Fisk, Michael J. Wishnie
Faculty Scholarship
In Hoffman Plastic Compounds v. NLRB, 535 U.S. 137 (2002), the United States Supreme Court held that undocumented workers are not entitled to remedies for violations of their rights to unionize under the National Labor Relations Act. The majority of the Court viewed enforcement of immigration policy prohibiting employment of undocumented workers as more important than protecting the labor rights of both undocumented workers and their U.S. citizen co-workers who join their efforts to improve working conditions. The chapter explores the origins of the case in a minimum-wage factory in Los Angeles, the surprising turn of events when the illegally …
The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman
The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman
Faculty Scholarship
No abstract provided.
A Prescription For Perilous Times (Reviewing Geoffrey R. Stone, Perilous Times: Free Speech In War Time From The Sedition Act Of 1798 To The War On Terrorism (2004)), Neil S. Siegel
Faculty Scholarship
In this Essay, I argue that Professor Stone has written an important work of constitutional history, not only because of what he has to say, but also because of the time in which he says it. The tragedy of September 11, 2001 generated reactions by every branch of the federal government, as well as by the general public and a host of public-regarding institutions in American society. Each of those reactions has implicated the balance between liberty and security that historically has been tested in this country during times of crisis. 'Perilous Times' lucidly conveys the nation's accumulated lessons of …
Detentions Without Due Process Of Law Following September 11th, Erwin Chemerinsky
Detentions Without Due Process Of Law Following September 11th, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Knowledge Work: New Metaphors For The New Economy, Catherine Fisk
Knowledge Work: New Metaphors For The New Economy, Catherine Fisk
Faculty Scholarship
No abstract provided.
The Diversity Rationale: A Problematic Solution, Trina Jones
The Diversity Rationale: A Problematic Solution, Trina Jones
Faculty Scholarship
No abstract provided.
The European Union’S New Ambitions, Francesca E. Bignami
The European Union’S New Ambitions, Francesca E. Bignami
Faculty Scholarship
No abstract provided.
Teaching Property Stories (Book Review), Laura S. Underkuffler
Teaching Property Stories (Book Review), Laura S. Underkuffler
Faculty Scholarship
Reviewing Property Stories (Gerald Korngold & Andrew P. Morris eds., 2004))
Terrorism: The Politics Of Prosecution, Madeline Morris
Terrorism: The Politics Of Prosecution, Madeline Morris
Faculty Scholarship
No abstract provided.
What Is New In The New Statutory Interpretation? Introduction To The Journal Of Contemporary Legal Issues Symposium, Mathew D. Mccubbins, Daniel B. Rodriguez
What Is New In The New Statutory Interpretation? Introduction To The Journal Of Contemporary Legal Issues Symposium, Mathew D. Mccubbins, Daniel B. Rodriguez
Faculty Scholarship
No abstract provided.
Rejoinder: The War On Terrorism: International Law, Clear Statement Requirements, And Constituitional Design, Curtis A. Bradley, Jack L. Goldsmith
Rejoinder: The War On Terrorism: International Law, Clear Statement Requirements, And Constituitional Design, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.
Foreign Law And The Denominator Problem, Ernest A. Young
Foreign Law And The Denominator Problem, Ernest A. Young
Faculty Scholarship
No abstract provided.
Teaching National Security Law, Scott L. Silliman
Teaching National Security Law, Scott L. Silliman
Faculty Scholarship
No abstract provided.
The Transformation Of World Trade, Joost H. B. Pauwelyn
The Transformation Of World Trade, Joost H. B. Pauwelyn
Faculty Scholarship
No abstract provided.
Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witnesses, Robert P. Mosteller
Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witnesses, Robert P. Mosteller
Faculty Scholarship
In Crawford v. Washington (2004), the United States Supreme Court radically altered Confrontation Clause analysis for the admission of hearsay statements. It created a very firm rule of actual confrontation for a narrowed class of covered hearsay, termed “testimonial statements,” and created only a limited number of exceptions. This new regime differed dramatically from the trustworthiness/reliability mode of analysis of Ohio v. Roberts (1980), which provided very wide but incredibly shallow protection against the admission of hearsay offered by the prosecution against the defendant. This article analyzes the basic teachings and uncertainties left in the wake of Crawford, sifting through …