Law Commons^™

Book Review, Ralf Michaels

Faculty Scholarship

Reviewing, Rethinking the Masters of Comparative Law, (Annelise Riles ed., Hart Publishing 2001)

The Parsonage Exemption Violates The Establishment Clause And Should Be Declared Unconstitutional, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

What Exactly Is Racial Diversity?, Devon W. Carbado, Mitu Gulati

Faculty Scholarship

No abstract provided.

Spectrum Abundance And The Choice Between Private And Public Control, Stuart M. Benjamin

Faculty Scholarship

No abstract provided.

Environmental Tribalism, James Salzman, Douglas A. Kysar

Faculty Scholarship

No abstract provided.

Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Prophets, Priests And Pragmatists, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

International Delegations, The Structural Constitution, And Non-Self-Execution, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Commercial Trusts As Business Organizations: Unraveling The Mystery, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Juror Discussions During Civil Trials: Studying An Arizona Innovation, Neil Vidmar, Shari S. Diamond, Mary R. Rose, René Stemple Ellis

Faculty Scholarship

No abstract provided.

A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks

Faculty Scholarship

No abstract provided.

Asbestos Legislation I: A Defined Contribution Plan, Francis Mcgovern

Faculty Scholarship

No abstract provided.

Modeling Supreme Court Strategic Decision Making: The Congressional Constraint, Barak D. Richman, Mario Bergara, Pablo T. Spiller

Faculty Scholarship

This paper addresses the contradictory results obtained by Segal (1997) and Spiller and Gely (1992) concerning the impact of institutional constraints on the U.S. Supreme Court's decision making. By adapting the Spiller and Gely maximum likelihood model to the Segal dataset, we find support for the hypothesis that the Court adjusts its decisions to presidential and congressional preferences. Data from 1947 to 1992 indicate that the average probability of the Court being constrained has been approximately one-third. Further, we show that the results obtained by Segal are the product of biases introduced by a misspecified econometric model. We also discuss …

Segregation And Resegregation In North Carolina’S Public School Classrooms, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor

Faculty Scholarship

Although many studies have used information at the school level to measure the degree of racial segregation between schools, the absence of more detailed data has limited the analysis of segregation within schools. Using a rich set of administrative data on North Carolina public schools, we examine patterns of enrollment both across and within schools, allowing us to assess the comparative importance of segregation of each type and how they interact. To examine patterns in upper as well as lower grades, we perform separate tabulations for 1st, 4th, 7th, and 10th grades. The data make possible what we believe to …

Foreword: The Myth Of The Liberal Ninth Circuit, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Separate And Unequal: American Public Education Today, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Why Me?, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn

Faculty Scholarship

In May 2003, the WTO granted a waiver for trade restrictions imposed on WTO members not participating in the Kimberley Certification Scheme combating so-called "conflict diamonds." This Article examines the implications of this waiver decision. It argues that GATT/TBT provisions may already excuse the trade restrictions at issue, especially now that the UN Security Council has explicitly supported them. The waiver, therefore, risks sending out the wrong signals, confirming a WTO "superiority complex." At the same time, by excluding restrictions between Kimberley participants from its scope, the waiver implies that WTO members considered the Kimberley scheme to be a non-WTO …

On Rankings, A Response To Mitchell Berger, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington

Faculty Scholarship

No abstract provided.

New Dimensions In Sentencing Reform In The Twenty-First Century, Robert P. Mosteller

Faculty Scholarship

No abstract provided.

The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie

Faculty Scholarship

No abstract provided.

The Myth Of Pretax Income, Lawrence A. Zelenak

Faculty Scholarship

Reviewing, Liam Murphy & Thomas Nagel, The Myth of Ownership: Taxes and Justice (2002).

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 …

Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.

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 …

Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler

Faculty Scholarship

Is death a harm? Is the risk of death a harm? These questions lie at the foundations of risk regulation. Agencies that regulate threats to human life, such as the EPA, OSHA, the FDA, the CPSC, or NHTSA, invariably assume that premature death is a first-party harm - a welfare setback to the person who dies - and often assume that being at risk of death is a distinct and additional first-party harm. If these assumptions are untrue, the myriad statutes and regulations that govern risky activities should be radically overhauled, since the third-party benefits of preventing premature death and …

Intellectual Property Rights And The International Treaty On Plant Genetic Resources For Food And Agriculture, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

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 …