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Articles 1 - 15 of 15

Full-Text Articles in Law

When Antitrust Becomes Pro-Trust: The Digital Deformation Of U.S. Competition Policy, Frank A. Pasquale May 2017

When Antitrust Becomes Pro-Trust: The Digital Deformation Of U.S. Competition Policy, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli Jan 2017

Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


Online Dispute Resolution: Stinky, Repugnant, Or Drab?, Robert J. Condlin Jan 2017

Online Dispute Resolution: Stinky, Repugnant, Or Drab?, Robert J. Condlin

Faculty Scholarship

No abstract provided.


The Importance Of The Business Judgment Rule, Bernard S. Sharfman Jan 2017

The Importance Of The Business Judgment Rule, Bernard S. Sharfman

Faculty Scholarship

No abstract provided.


Obergefell, Fisher, And The Inversion Of Tiers, Maxwell Stearns Jan 2017

Obergefell, Fisher, And The Inversion Of Tiers, Maxwell Stearns

Faculty Scholarship

In striking the ban on same-sex marriage in Obergefell v. Hodges, the Supreme Court avoided tiers of scrutiny, thus declining to apply rational basis in a non-deferential manner as it had in other cases involving sexual orientation. In oral argument in Fisher v. University of Texas, the Court signaled its growing discomfort with the Grutter v. Bollinger strict scrutiny doctrine, which affords a level of institutional deference in tension with narrow tailoring and least restrictive means. And although the Court claims to apply intermediate scrutiny in gender-based equal protection cases, the cases devolve de facto applications of strict …


What Difference Does Adr Make? Comparison Of Adr And Trial Outcomes In Small Claims Court, Lorig Charkoudian, Deborah Thompson Eisenberg, Jamie Walter Jan 2017

What Difference Does Adr Make? Comparison Of Adr And Trial Outcomes In Small Claims Court, Lorig Charkoudian, Deborah Thompson Eisenberg, Jamie Walter

Faculty Scholarship

This study compares the experience of small claims litigants who use alternative dispute resolution (“ADR”) to those who proceeded to trial without ADR. ADR had significant immediate and long-term benefits, including improved party attitudes toward and relationship with each other, greater sense of empowerment and voice, increases in parties taking responsibility for the dispute, and increases in party satisfaction with the judiciary. Cases that settled in ADR also were less likely to return to court for an enforcement action within the next year.


A Private Ordering Defense Of A Company's Right To Use Dual Class Share Structures In Ipos, Bernard S. Sharfman Jan 2017

A Private Ordering Defense Of A Company's Right To Use Dual Class Share Structures In Ipos, Bernard S. Sharfman

Faculty Scholarship

No abstract provided.


Technological Triggers To Tort Revolutions: Steam Locomotives, Autonomous Vehicles, And Accident Compensation, Donald G. Gifford Jan 2017

Technological Triggers To Tort Revolutions: Steam Locomotives, Autonomous Vehicles, And Accident Compensation, Donald G. Gifford

Faculty Scholarship

No abstract provided.


Should Domestic Violence Be Decriminalized?, Leigh S. Goodmark Jan 2017

Should Domestic Violence Be Decriminalized?, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.


Toward A Fourth Law Of Robotics: Preserving Attribution, Responsibility, And Explainability In An Algorithmic Society, Frank A. Pasquale Jan 2017

Toward A Fourth Law Of Robotics: Preserving Attribution, Responsibility, And Explainability In An Algorithmic Society, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


The Automated Public Sphere, Frank A. Pasquale Jan 2017

The Automated Public Sphere, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


The Scholarship Of Resonance In An Era Of Discord, Frank A. Pasquale Jan 2017

The Scholarship Of Resonance In An Era Of Discord, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


The Politics Of Professionalism: Reappraising Occupational Licensure And Competition Policy, Sandeep Vaheesan, Frank A. Pasquale Jan 2017

The Politics Of Professionalism: Reappraising Occupational Licensure And Competition Policy, Sandeep Vaheesan, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


From Parliamentary To Judicial Supremacy: Reflections In Honour Of The Constitutionalism Of Justice Moseneke, Peter G. Danchin Jan 2017

From Parliamentary To Judicial Supremacy: Reflections In Honour Of The Constitutionalism Of Justice Moseneke, Peter G. Danchin

Faculty Scholarship

No abstract provided.


Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin Jan 2017

Religious Freedom As A Technology Of Modern Secular Governance, Peter G. Danchin

Faculty Scholarship

No abstract provided.