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Articles 31 - 60 of 85
Full-Text Articles in Law
Redesigning The Earned Income Tax Credit As A Family-Size Adjustment To The Minimum Wage, Lawrence A. Zelenak
Redesigning The Earned Income Tax Credit As A Family-Size Adjustment To The Minimum Wage, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
The Three Independences, H. Jefferson Powell
The Three Independences, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Evaluating The Fcc’S National Television Ownership Cap: What’S Bad For Broadcasting Is Good For The Country, Stuart M. Benjamin
Evaluating The Fcc’S National Television Ownership Cap: What’S Bad For Broadcasting Is Good For The Country, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
‘Idiot’S Guide’ To Sovereign Debt Restructuring, Steven L. Schwarcz
‘Idiot’S Guide’ To Sovereign Debt Restructuring, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Losing Liberties: Applying A Foreign Intelligence Model To Domestic Law Enforcement, Erwin Chemerinsky
Losing Liberties: Applying A Foreign Intelligence Model To Domestic Law Enforcement, Erwin Chemerinsky
Faculty Scholarship
Since the tragedy of September 11, the federal government's actions have resulted in a serious erosion of liberties. In expanding authority for electronic eavesdropping and in claiming unprecedented authority to detain individuals without due process, the government has taken powers that previously have been limited to foreign intelligence gathering arid activities in foreign countries and has sought to use them for domestic law enforcement. This is a troubling increase of powers for the federal government that threatens civil liberties, without any likelihood that it is necessary to make the country safer.
Freedom’S New Fight, Jedediah Purdy
Freedom’S New Fight, Jedediah Purdy
Faculty Scholarship
Reviewing, Lawrence Lessig, Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity (2004)
Hormesis, Hotspots And Emissions Trading, Jonathan B. Wiener
Hormesis, Hotspots And Emissions Trading, Jonathan B. Wiener
Faculty Scholarship
Instrument choice -- the comparison of technology standards, performance standards, taxes and tradable permits -- has been a major topic in environmental law and environmental economics. Most analyses assume that emissions and health effects are positively and linearly related. If they are not, this complicates the instrument choice analysis. This article analyses the effects of a nonlinear dose/response function on instrument choice. In particular, it examines the effects of hormesis (highdose harm but low-dose benefit) on the choice between fixed performance standards and tradable emissions permits. First, the article distinguishes the effects of hormesis from the effects of local emissions. …
Convergence, Divergence, And Complexity In Us And European Risk Regulation, Jonathan B. Wiener
Convergence, Divergence, And Complexity In Us And European Risk Regulation, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
Allocating Power Over Fact-Finding In The Patent System, Arti K. Rai
Allocating Power Over Fact-Finding In The Patent System, Arti K. Rai
Faculty Scholarship
Under well-settled patent law, the decision regarding whether to grant or deny a patent turns on technical fact-finding. Recommendations made in recent patent system reform reports issued by the Federal Trade Commission (FTC) and the National Academy of Sciences (NAS) could have a substantial impact on which patent institution has power over fact-finding. The FTC's approach to power allocation is relatively explicit: the USPTO's factual findings should be accorded a low level of deference when made in the context of an ordinary patent grant; significant deference when made in the context of a patent denial; and perhaps the highest level …
What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat
What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat
Faculty Scholarship
Although corporate criminal liability has been recognized in the United States for nearly a century, contemporary academic commentators have questioned its legitimacy and argued that it is inferior to its alternatives: civil liability for the corporation and/or criminal liability for individual corporate agents. Other academic critics have attacked the present definitions of corporate criminal liability. In other words, although corporate criminal liability has also had its academic champions, it has been under attack in the United States. The situation in Europe poses a sharp contrast.
Proprietary Considerations, Arti K. Rai, Rebecca S. Eisenberg
Proprietary Considerations, Arti K. Rai, Rebecca S. Eisenberg
Faculty Scholarship
No abstract provided.
Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn
Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn
Faculty Scholarship
Presented at the European University Institute, Florence, 24-25 September 2004, Conference on Legal Patterns of Transnational Social Regulations and Trade
Empowering States When It Matters - A Different Approach To Preemption, Erwin Chemerinsky
Empowering States When It Matters - A Different Approach To Preemption, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Post 9/11 Civil Rights: Are Americans Sacrificing Freedom For Security, Erwin Chemerinsky
Post 9/11 Civil Rights: Are Americans Sacrificing Freedom For Security, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
A Pro Bono Requirement For Faculty Members, Erwin Chemerinsky
A Pro Bono Requirement For Faculty Members, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Need To Clarify The Meaning Of U.S. Supreme Court Remands: The Lessons Of Punitive Damages’ Cases, Erwin Chemerinsky, Ned Miltenberg
The Need To Clarify The Meaning Of U.S. Supreme Court Remands: The Lessons Of Punitive Damages’ Cases, Erwin Chemerinsky, Ned Miltenberg
Faculty Scholarship
No abstract provided.
In Defense Of Judicial Review: The Perils Of Popular Constitutionalism, Erwin Chemerinsky
In Defense Of Judicial Review: The Perils Of Popular Constitutionalism, Erwin Chemerinsky
Faculty Scholarship
Since the 1920's progressives have flip-flopped on the merits of judicial review at least three times. In the last few years, they have been forging a return toward the anti-judicial review camp, which ironically puts them in line with today's conservatives. The trendy progressive movement against judicial review calls itself "popular constitutionalism." They contend in varying degress that people--not judges--are the best arbiters of constitutional interpretation. In his Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Erwin Chemerinsky demonstrates that popular constitutionalism is exactly the wrong strategy for progressives because it rests on flawed premises and comes to …
Evolving Standards Of Decency In 2003 - Is The Dealth Penalty On Life Support?, Erwin Chemerinsky
Evolving Standards Of Decency In 2003 - Is The Dealth Penalty On Life Support?, Erwin Chemerinsky
Faculty Scholarship
Honorable James J. Gilvary Symposium on Law, Religion and Social Justice, Keynote Address
The Death Of The Efficiency-Equity Tradeoff?: A Commentary On Mcmahon’S The Matthew Effect And Federal Taxation, Richard L. Schmalbeck
The Death Of The Efficiency-Equity Tradeoff?: A Commentary On Mcmahon’S The Matthew Effect And Federal Taxation, Richard L. Schmalbeck
Faculty Scholarship
Professor Martin J. McMahon, Jr.'s Afticle on the Matthew effect presents an important and timely argument about decreasing the income inequality in the United States through the federal tax system. His contention that the rich tend to get richer is widely supported by both economic and social theories. But Professor McMahon may be too sanguine about Congress's ability to increase top marginal tax rates signfficantly without adversely affecting economic output. In particular, concerns about the validity of the long-term studies on which he relies, and the failure to account fully for the special circumstances of very high-income taxpayers, suggest that …
Rethinking The Disclosure Paradigm In A World Of Complexity, Steven L. Schwarcz
Rethinking The Disclosure Paradigm In A World Of Complexity, Steven L. Schwarcz
Faculty Scholarship
In a prior article, Professor Schwarcz examined the factors that differentiate Enron's questionable use of off-balance sheet special purpose entities, (SPEs) from the trillions of dollars of "legitimate" securitization and other structured-finance transactions that use SPEs. The presence of meaningful differences, Professor Schwarcz argued, may inform regulatory schemes by providing a basis to distinguish which such transactions should be allowed or restricted. In that connection, Professor Schwarcz encountered the dilemma that some structured transactions are so complex that disclosure to investors of the company originating the transaction is necessarily imperfect - either oversimplifying the transaction, or providing detail and sophistication …
Reconsidering Private Foundation Investment Limitations, Richard L. Schmalbeck
Reconsidering Private Foundation Investment Limitations, Richard L. Schmalbeck
Faculty Scholarship
No abstract provided.
The Rehnquist Court’S Two Federalisms, Ernest A. Young
The Rehnquist Court’S Two Federalisms, Ernest A. Young
Faculty Scholarship
No abstract provided.
Sovereign Debt Reform And The Best Interest Of Creditors, William W. Bratton, G. Mitu Gulati
Sovereign Debt Reform And The Best Interest Of Creditors, William W. Bratton, G. Mitu Gulati
Faculty Scholarship
In April 2002 the International Monetary Fund introduced a sovereign bankruptcy proposal only to be rebuffed by the United States Treasury. Where the IMF wanted a mandatory bankruptcy regime, the Treasury wanted to solve distress problems with contractual devices. Sovereign bondholders and sovereign issuers themselves flatly rejected both proposals, even though they were nominally the beneficiaries of both proponents. This Article addresses and explains this bondholder reaction. In so doing, it takes a highly skeptical view of the IMF's proposal even as it shows that the incentive structure surrounding sovereign lending renders untenable the Treasury's contractarian proposal. The Article's analysis …
In Defense Of Deference, Guy-Uriel Charles, Luis Fuentes-Rohwer
In Defense Of Deference, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
Congressional Representation Of Black Interests: Recognizing The Importance Of Stability, Guy-Uriel Charles, Vincent L. Hutchins, Harwood K. Mcclerking
Congressional Representation Of Black Interests: Recognizing The Importance Of Stability, Guy-Uriel Charles, Vincent L. Hutchins, Harwood K. Mcclerking
Faculty Scholarship
The relationship between black constituency size and congressional support for black interests has two important attributes: magnitude and stability. Although previous research has examined the first characteristic, scant attention has been directed at the second. This article examines the relationship between district racial composition and congressional voting patterns with a particular emphasis on the stability of support across different types of votes and different types of districts. We hypothesize that, among white Democrats, the influence of black constituency size will be less stable in the South, owing in part to this region’s more racially divided constituencies. Examining LCCR scores from …
Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler
Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Wither The Udrp: Autonomous, Americanized Or Cosmopolitan?, Laurence R. Helfer
Wither The Udrp: Autonomous, Americanized Or Cosmopolitan?, Laurence R. Helfer
Faculty Scholarship
Recently, assessments of the performance of the Uniform Domain Name Dispute Resolution Policy (UDRP) have stressed the need for institutional and procedural reforms relating to issues such as forum shopping, panel selection, and pleading rules. Far less attention, however, has been paid to a different set of issues critical to assessing the UDRP's performance: its relationship to national courts and to national intellectual property laws. There are three different ways in which this relationship might evolve to change the present structure and functions of the UDRP. First, the UDRP might be made more autonomous in character, transforming it into a …
Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer
Mediating Interactions In An Expanding International Intellectual Property Regime, Laurence R. Helfer
Faculty Scholarship
The last few years have been a particularly heady period for governments, private parties, and NGOs seeking to develop new rules to regulate intellectual property ("IP") protection standards. During that time, a slew of lawmaking initiatives, studies, and reports have been launched in a strikingly large number of international venues. Work on intellectual property rights is now underway in intergovernmental organizations such as the World Trade Organization ("WTO"), World Intellectual Property Organization ("WIPO"), and Food and Agriculture Organization ("FAO"); in negotiating fora such as the Convention on Biological Diversity ("CBD") and its Conference of the Parties and the Commission on …
Politics, Power, And Public Health: A Comment On Public Health’S New World Order, Laurence R. Helfer
Politics, Power, And Public Health: A Comment On Public Health’S New World Order, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Madisonian Equal Protection, James S. Liebman, Brandon L. Garrett
Madisonian Equal Protection, James S. Liebman, Brandon L. Garrett
Faculty Scholarship
James Madison is considered the "Father of the Constitution," but his progeny disappointed him. It had no effective defense against self-government's "mortal disease "--the oppression of minorities by local majorities. This Article explores Madison's writings in an effort to reclaim the deep conception of equal protection at the core of his constitutional aspirations. At the Convention, Madison passionately advocated a radical structural approach to equal protection under which the "extended republic's" broadly focused legislature would have monitored local laws and vetoed those that were parochial and "unjust." Rejecting this proposal to structure equal protection into the "interior" operation of government, …