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Articles 31 - 60 of 131
Full-Text Articles in Law
Competition And Privacy In Web 2.0 And The Cloud, Randal C. Picker
Competition And Privacy In Web 2.0 And The Cloud, Randal C. Picker
NULR Online
No abstract provided.
The Many Mendelsohn “Me Too” Missteps: An Alliterative Response To Professor Rubinstein, Paul Secunda
The Many Mendelsohn “Me Too” Missteps: An Alliterative Response To Professor Rubinstein, Paul Secunda
NULR Online
No abstract provided.
A Floor, Not A Ceiling: Federalism And Remedies For Violations Of Constitutional Rights In Danforth V. Minnesota, Ilya Somin
NULR Online
No abstract provided.
Engaging Capital Emotions, Douglas A. Berman, Stephanos Bibas
Engaging Capital Emotions, Douglas A. Berman, Stephanos Bibas
NULR Online
No abstract provided.
Bargaining In The Shadow Of The European Microsoft Decision: The Microsoft-Samba Protocol License (Part Ii), Seldon J. Childers, William H. Page
Bargaining In The Shadow Of The European Microsoft Decision: The Microsoft-Samba Protocol License (Part Ii), Seldon J. Childers, William H. Page
NULR Online
No abstract provided.
The Jurisdictional Time Limit For An Appeal: The Worst Kind Of Deadline—Except For All Others*, E. King Poor
The Jurisdictional Time Limit For An Appeal: The Worst Kind Of Deadline—Except For All Others*, E. King Poor
NULR Online
No abstract provided.
Educating Undocumented Students: The Legacy Of Plyler V. Doe, Aarti Kohli
Educating Undocumented Students: The Legacy Of Plyler V. Doe, Aarti Kohli
Northwestern Journal of Law & Social Policy
This is a brief introduction to the symposium issue. The goal of this symposium issue is to decrease the significant knowledge gaps about the actual educational attainment of undocumented children after the Court's decision in . The research presented in this issue suggest that while children are integrated into public schools, changes in the law and social policies are needed in order to fulfill s promise to ensure the ability of innocent children to have the opportunity to contribute to American society.
Rethinking Robinson V. California In The Wake Of Jones V. Los Angeles: Avoiding The Demise Of The Criminal Law By Attending To Punishment, Martin R. Gardner
Rethinking Robinson V. California In The Wake Of Jones V. Los Angeles: Avoiding The Demise Of The Criminal Law By Attending To Punishment, Martin R. Gardner
Journal of Criminal Law and Criminology
No abstract provided.
Of Vice And Men: A New Approach To Eradicating Sex Trafficking By Reducing Male Demand Through Educational Programs And Abolitionist Legislation, Iris Yen
Journal of Criminal Law and Criminology
No abstract provided.
The Empirics Of Prison Growth: A Critical Review And Path Forward, John F. Pfaff
The Empirics Of Prison Growth: A Critical Review And Path Forward, John F. Pfaff
Journal of Criminal Law and Criminology
No abstract provided.
The Constitutionality Of The Rome Statute Of The International Criminal Court, David Scheffer, Ashley Cox
The Constitutionality Of The Rome Statute Of The International Criminal Court, David Scheffer, Ashley Cox
Journal of Criminal Law and Criminology
No abstract provided.
Hearts On Their Sleeves: Symbolic Displays Of Emotion By Spectators In Criminal Trials, Meghan E. Lind
Hearts On Their Sleeves: Symbolic Displays Of Emotion By Spectators In Criminal Trials, Meghan E. Lind
Journal of Criminal Law and Criminology
No abstract provided.
Un-Incorporating The Bill Of Rights: The Tension Between The Fourteenth Amendment And The Federalism Concerns That Underlie Modern Criminal Procedure Reforms, Justin F. Marceau
Un-Incorporating The Bill Of Rights: The Tension Between The Fourteenth Amendment And The Federalism Concerns That Underlie Modern Criminal Procedure Reforms, Justin F. Marceau
Journal of Criminal Law and Criminology
No abstract provided.
Formal, Categorical, But Incomplete: The Need For A New Standard In Evaluating Prior Convictions Under The Armed Carrier Criminal Act, Krystle Lamprecht
Formal, Categorical, But Incomplete: The Need For A New Standard In Evaluating Prior Convictions Under The Armed Carrier Criminal Act, Krystle Lamprecht
Journal of Criminal Law and Criminology
No abstract provided.
Rethinking The Increased Focus On Penal Measures In Immigration Law As Reflected In The Expansion Of The Aggravated Felony Concept, Diana R. Podgorny
Rethinking The Increased Focus On Penal Measures In Immigration Law As Reflected In The Expansion Of The Aggravated Felony Concept, Diana R. Podgorny
Journal of Criminal Law and Criminology
No abstract provided.
Substantive Due Process After Gonzales V. Carhart, Steven G. Calabresi
Substantive Due Process After Gonzales V. Carhart, Steven G. Calabresi
Faculty Working Papers
This Essay begins in Part I with a doctrinal evaluation of the status of Washington v. Glucksberg ten years after that decision was handed down. Discussion begins with consideration of the Roberts Court's recent decision in Gonzales v. Carhart and then turns to the subject of Justice Kennedy's views in particular on substantive due process. In Part II, the Essay goes on to consider whether the Glucksberg test for substantive due process decision making is correct in light of the original meaning of the Fourteenth Amendment. The Essay concludes in Parts II and III that Glucksberg is right to confine …
Beyond The Article I Horizon: Congress’S Enumerated Powers And Universal Jurisdiction Over Drug Crimes, Eugene Kontorovich
Beyond The Article I Horizon: Congress’S Enumerated Powers And Universal Jurisdiction Over Drug Crimes, Eugene Kontorovich
Faculty Working Papers
This paper explores the Article I limits faced by Congress in exercising universal jurisdiction (UJ) – that is, regulating extraterritorial conduct by foreigners with no affect on or connection the U.S. While UJ is becoming increasingly popular in Europe for the punishment of human rights offenses, Congress's primary use of UJ today is under the Maritime Drug Law Enforcement Act. This obscure law allows the U.S. to punish for violating U.S. drug laws foreign defendants on foreign vessels in international waters. The MDLEA's UJ provisions raise fundamental questions about the source and extent of Congress's constitutional power to regulate purely …
The Mismatch Between Public Nuisance Law And Global Warming, David A. Dana
The Mismatch Between Public Nuisance Law And Global Warming, David A. Dana
Faculty Working Papers
The federal courts using the common law method of case-by-case adjudication may have institutional advantages over the more political branches, such as perhaps more freedom from interest group capture and more flexibility to tailor decisions to local conditions. Any such advantages, however, are more than offset by the disadvantages of relying on the courts in common resource management in general and in the management of the global atmospheric commons in particular. The courts are best able to serve a useful function resolving climate-related disputes once the political branches have acted by establishing a policy framework and working through the daunting …
A Single-License Approach To Regulating Insurance, Henry N. Butler, Larry E. Ribstein
A Single-License Approach To Regulating Insurance, Henry N. Butler, Larry E. Ribstein
Faculty Working Papers
State regulation of insurance companies has been criticized for many years because of the burden imposed on insurers by having to comply with the laws of many jurisdictions. These higher costs are passed on to consumers. The problems with the current regulatory structure are prompting calls for increased federal regulation of insurance. However, all proposals to federalize insurance regulation create opportunities for abuse at the hands of the federal government and fail to utilize the benefits of a federal system. This article shows how many of the problems of the current system can be addressed without resorting to a large …
Litigation And The Optimal Combination Of Vague And Precise Clauses In Contracts, Alvaro E. Bustos
Litigation And The Optimal Combination Of Vague And Precise Clauses In Contracts, Alvaro E. Bustos
Faculty Working Papers
In this paper we determine the optimal combination of precise and vague clauses written in contracts when the parties face writing and enforcement costs, the second ones in the form of litigation. We show that the parties may prefer to write vague instead of precise clauses not only because they are cheaper to write but also because they are cheaper to enforce. We extend Battigalli and Maggi (2002) to model the decision of a principal who chooses clauses to describe the actions that an agent has to perform. As both players observe nature imperfectly they may call for a court …
If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt
If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt
Faculty Working Papers
This paper seeks to identify and explain the effects of major wars on U.S. Supreme Court decision-making in the context of taxation. At first cut, one might ask why we should even expect to observe a correlation between military activities and judicial fiscal policy. After all, the justices have no authority whatsoever to adopt funding laws intended to relieve the budgetary pressures that tend to emerge in times international crisis. The Court, however, is able to contribute to the wartime revenueraising efforts indirectly by adopting a pro-government stance in the cases it decides in wartime periods. As the probability of …
Contested Morality: Judge Posner On Infanticide, Slavery, Suttee, Female Genital Mutilation, And The Holocaust, Anthony D'Amato
Contested Morality: Judge Posner On Infanticide, Slavery, Suttee, Female Genital Mutilation, And The Holocaust, Anthony D'Amato
Faculty Working Papers
Judge Richard Posner locates his moral theory between moral absolutism and the "anything goes" kind of moral relativism. He analyzes whether five contested topics are subject to useful moral debate: infanticide, slavery, suttee, female genital mutilation, and the Holocaust. Each topic presents a different perspective on his own moral theory. But each one fails in a different way to place his own moral theory on a sound footing.
Forum Shopping And The Infrastructure Of Federalism., James E. Pfander
Forum Shopping And The Infrastructure Of Federalism., James E. Pfander
Faculty Working Papers
The recent effort of environmentalists and others to secure progressive social change at the state level enacts a familiar ritual in the history of American federalism. Political actors who have found their initiatives blunted at the national level have often turned to the states. With the ebb and flow of political power between two parties over time, arguments about the relative authority of federal and state governments display far more expediency than principle, far more mutability than predictability. States may be more or less progressive than the national government, depending in good measure on the temper of the times and …
Originalism: Lessons From Things That Go Without Saying, Robert William Bennett
Originalism: Lessons From Things That Go Without Saying, Robert William Bennett
Faculty Working Papers
After setting the originalism "stage" and discussion of some of its tribulations, the article turns to the problem of constitutional silences. These come in many shadings, and the article concentrates on three that illustrate different sorts of problems: 1) the failure of the Guarantee Clause to provide a more precise definition of a "republican form of government"; 2) the deafening silence about any role for political parties in the nation's politics and governance; and 3) the absence of guidance about "discretion" to be exercised by presidential elections, which surfaces these days as the problem of the "faithless elector," one who …
Where's The Beef? Why Burger King Is Hungry Jack's In Australia And Other Complications In Building A Global Franchise Brand, Andrew Terry, Heather Forrest
Where's The Beef? Why Burger King Is Hungry Jack's In Australia And Other Complications In Building A Global Franchise Brand, Andrew Terry, Heather Forrest
Northwestern Journal of International Law & Business
The territorial nature of trademark law and the lack of a single universal registration system present challenges to franchisors and other brand proprietors expanding operations beyond the home market in which intellectual property rights have been secured. International treaties such as the Paris Convention for the Protection of Industrial Property, the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"), the Madrid Agreement, and the Madrid Protocol have attracted worldwide support and made significant inroads towards harmonization of trademark registrability criteria and the administration of the registration process. However, intellectual property rights are, by their very nature, rights granted by …
Antidumping And Cotton Subsidies: A Market-Based Defense Of Unfair Trade Remedies, Nadia E. Nedzel
Antidumping And Cotton Subsidies: A Market-Based Defense Of Unfair Trade Remedies, Nadia E. Nedzel
Northwestern Journal of International Law & Business
This article argues that trade remedies, problematic though they may be, provide a legal framework in which litigation can and must be promulgated to protect the benefits of a global market economy.
International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone
International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone
Northwestern Journal of International Law & Business
This article deals with the regulation of legal services in England and New York in the context of, first, multidisciplinary practice ("MDP") and, second, permitted investment in legal practice. The article summarizes both the background of and potential differences between the regulations in those two jurisdictions, and comments on the possible reconciliation of those differences. Because, chronologically, New York was the first of the two jurisdictions under consideration to adopt rules on MDP, the New York rules will be considered first, and the more recent statute, known as the United Kingdom Legal Services Act 2007 (hereinafter "U.K. Act"), will then …
The Core Values Of The Legal Profession For Lawyers Today And Tomorrow, Jonathan Goldsmith
The Core Values Of The Legal Profession For Lawyers Today And Tomorrow, Jonathan Goldsmith
Northwestern Journal of International Law & Business
This Article began life as a speech I gave on the fifth anniversary of the Flemish Bar in Belgium (Orde Van Flaamse Balies) on 24 May 2007. It addresses the changes which are taking place in Europe and elsewhere in the world in relation to the regulation of lawyers, particularly insofar as the core values of the legal profession are concerned.