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Full-Text Articles in Law
The Empirical Turn In International Economic Law, Beth A. Simmons, Andrew B. Breidenbach
The Empirical Turn In International Economic Law, Beth A. Simmons, Andrew B. Breidenbach
Minnesota Journal of International Law
No abstract provided.
Red Banking: Chinese State-Owned Commercial Bank Reform And The Basel Ii Accord, Christopher D. Luehr
Red Banking: Chinese State-Owned Commercial Bank Reform And The Basel Ii Accord, Christopher D. Luehr
Minnesota Journal of International Law
No abstract provided.
When Courts And Congress Don’T Say What They Mean: Initial Reactions To Morrison V. National Australia Bank And To The Extraterritorial Jurisdiction Provisions Of The Dodd-Frank Act, Richard Painter, Douglas Dunham, Ellen Quackenbos
When Courts And Congress Don’T Say What They Mean: Initial Reactions To Morrison V. National Australia Bank And To The Extraterritorial Jurisdiction Provisions Of The Dodd-Frank Act, Richard Painter, Douglas Dunham, Ellen Quackenbos
Minnesota Journal of International Law
No abstract provided.
Ip Misuse And Innovation Harm, Thomas F. Cotter
Ip Misuse And Innovation Harm, Thomas F. Cotter
Articles
"This essay, a short response to Christina Bohannan’s important recent article, IP Misuse as Foreclosure, 96 Iowa Law Review 475 (2011), expresses agreement with Professor Bohannan’s conclusions that merely equating misuse with certain violations of substantive antitrust law is probably unwise; that the “beyond the scope” rationale nevertheless is vague; and that misuse doctrine might provide a useful tool for penalizing assertions of IP rights (principally copyright rights) that would foreclose access to the public domain and thus impinge upon free speech. The essay nevertheless expresses caution over Professor Bohannan’s call for courts to apply misuse doctrine to combat harms …
Radbruch's Formula And Conceptual Analysis, Brian Bix
Radbruch's Formula And Conceptual Analysis, Brian Bix
Articles
Gustav Radbruch, in well-known work that appeared just after World War II, put forward a formula that stated that state-promulgated rules that are sufficiently unjust lose their status as valid law. Radbruch’s Formula has generally been understood as a claim about the nature of law, and recent variations of Radbruch’s Formula, like Robert Alexy’s “claim to correctness,” have similarly been characterized as offering a truth about the nature of law. Additionally, both Radbruch’s and Alexy’s theories have been presented as criticisms of, and alternatives to, legal positivism. An alternative understanding of the Formula (and its modern variations) is as (mere) …
Regional Strategies For Racial Integration Of Schools And Housing Post-Parents Involved, Myron Orfield
Regional Strategies For Racial Integration Of Schools And Housing Post-Parents Involved, Myron Orfield
Articles
No abstract provided.
Keeping Pace?: The Case Against Property Assessed Clean Energy Financing Programs, Prentiss Cox
Keeping Pace?: The Case Against Property Assessed Clean Energy Financing Programs, Prentiss Cox
Articles
Property Assessed Clean Energy (“PACE”) is a method of public financing for energy improvements through special assessments on local government property taxes. Interest in PACE exploded from its origination in 2008, with almost half the states rapidly enacted legislation enabling local governments to use their property collection power for this purpose. The growth in PACE is now suspended, and existing programs have been put on hold, in the face of opposition from the federal secondary mortgage market regulators. Governments and environmental advocates supporting PACE have initiated litigation against the federal regulators and are seeking passage of federal legislation to revive …
Will Employers Undermine Health Care Reform By Dumping Sick Employees?, Amy B. Monahan, Daniel Schwarcz
Will Employers Undermine Health Care Reform By Dumping Sick Employees?, Amy B. Monahan, Daniel Schwarcz
Articles
This Article argues that federal health care reform may induce employers to redesign their health plans so that low-risk employees retain employer-sponsored insurance (“ESI”) but high-risk employees opt out of ESI in favor of insurance available on the individual market. It shows that such a strategy would shift health care expenses for high-risk employees from employers and their low-risk employees to the public at large. Not only would this undermine the spirit of health care reform, but it would jeopardize the sustainability of the insurance exchanges that are designed to organize individual insurance markets starting in 2014. In particular, it …
Reevaluating Standardized Insurance Policies, Daniel Schwarcz
Reevaluating Standardized Insurance Policies, Daniel Schwarcz
Articles
This Article empirically debunks the common claim that homeowners insurance policies do not vary across different insurance carriers. It demonstrates that different carriers' homeowners policies differ radically with respect to numerous important coverage provisions. It also reports that a substantial majority of these deviations produce decreases in the amount of coverage relative to the presumptive industry standard, though some deviations increase coverage. Additionally, the Article describes the surprising absence of any mechanisms by which even informed and vigilant consumers could comparison shop among carriers on the basis of differences in coverage. It closes by reviewing various regulatory and judicial options …
Optimal Remedies For Bilateral Contracts, Francesco Parisi, Barbara Luppi, Vincy Fon
Optimal Remedies For Bilateral Contracts, Francesco Parisi, Barbara Luppi, Vincy Fon
Articles
No abstract provided.
Agency-Specific Precedents: Rational Ignorance Or Deliberate Strategy, Kristin Hickman
Agency-Specific Precedents: Rational Ignorance Or Deliberate Strategy, Kristin Hickman
Articles
No abstract provided.
Owning Hazard, A Tragedy, Barbara Welke
The Dodd-Frank Extraterritorial Jurisdiction Provision: Was It Effective, Needed Or Sufficient?, Richard W. Painter
The Dodd-Frank Extraterritorial Jurisdiction Provision: Was It Effective, Needed Or Sufficient?, Richard W. Painter
Articles
In Morrison v. National Australia Bank, the U.S. Supreme Court ruled in June 2010 that securities fraud suits could not be brought under Section 10(b) of the Exchange Act against foreign defendants by foreign plaintiffs who bought their securities outside the United States (so called, “f-cubed,” securities litigation). The Court held that Section 10(b) reaches only fraud in connection with the, “purchase or sale of a security listed on an American stock exchange, and the purchase or sale of any other security in the United States.” Congress responded to Morrison with Section 929P of the Dodd-Frank Act, which gives federal …
A Thinker-Based Approach To Freedom Of Speech, C. Edwin Baker
A Thinker-Based Approach To Freedom Of Speech, C. Edwin Baker
Constitutional Commentary
No abstract provided.
Common Law Constitutional Interpretation: A Critique, Brannon P. Denning
Common Law Constitutional Interpretation: A Critique, Brannon P. Denning
Constitutional Commentary
Book review: The living Constitution. By David A. Strauss. Oxford University Press. 2010. Pp. xviii + 150. Reviewed by Brannon P. Denning.
Autonomy And Free Speech, Dale Carpenter
Autonomy And Free Speech, Dale Carpenter
Constitutional Commentary
No abstract provided.
Speech Restrictions That Don't Much Affect The Autonomy Of Speakers, Eugene Volokh
Speech Restrictions That Don't Much Affect The Autonomy Of Speakers, Eugene Volokh
Constitutional Commentary
No abstract provided.
Court-Packing And The Child Labor Amendment, Gerard N. Magliocca
Court-Packing And The Child Labor Amendment, Gerard N. Magliocca
Constitutional Commentary
No abstract provided.
Constitutional Hypocrisy, Girardeau A. Spann
Constitutional Hypocrisy, Girardeau A. Spann
Constitutional Commentary
No abstract provided.
Free Speech And Political Legitimacy: A Response To Ed Baker, James Weinstein
Free Speech And Political Legitimacy: A Response To Ed Baker, James Weinstein
Constitutional Commentary
No abstract provided.
Seana Shiffrin's Thinker-Based Theory Of Free Speech: Elegant And Insightful, But Will It Work In Practice?, James Weinstein
Seana Shiffrin's Thinker-Based Theory Of Free Speech: Elegant And Insightful, But Will It Work In Practice?, James Weinstein
Constitutional Commentary
No abstract provided.
The Extraterritorial Constitution And The Rule Of Law, Jenny S. Martinez
The Extraterritorial Constitution And The Rule Of Law, Jenny S. Martinez
Constitutional Commentary
No abstract provided.
There Is No First Amendment Overbreadth (But There Are Vague First Amendment Doctrines); Prior Restrains Aren't "Prior"; And "As Applied" Challenges Seek Judicial Statutory Amendments, Larry Alexander
Constitutional Commentary
No abstract provided.
Growing A Constitution, Leslie Gielow Jacobs
Growing A Constitution, Leslie Gielow Jacobs
Constitutional Commentary
Book review: A republic of statutes: The New American Constitution. William N. Eskridge, Jr. and John Ferejohn. New Haven: Yale University Press. 2010. Pp. viii + 582. Reviewed by Leslie Gielow Jacobs.
Should We Have A Liberal Constitution?, Louis Michael Seidman
Should We Have A Liberal Constitution?, Louis Michael Seidman
Constitutional Commentary
No abstract provided.
Abolishing Judicial Review, Mark Tushnet
Abolishing Judicial Review, Mark Tushnet
Constitutional Commentary
No abstract provided.
The Constitution And The Political Community, Michael C. Dorf
The Constitution And The Political Community, Michael C. Dorf
Constitutional Commentary
No abstract provided.
Our Perfect, Perfect Constitution, Michael Stokes Paulsen
Our Perfect, Perfect Constitution, Michael Stokes Paulsen
Constitutional Commentary
No abstract provided.
Four Constitutional Limits That The Minimum Coverage Provision Respects, Neil S. Siegel
Four Constitutional Limits That The Minimum Coverage Provision Respects, Neil S. Siegel
Constitutional Commentary
No abstract provided.
So Much To Rewrite, So Little Time...., Sanford Levinson
So Much To Rewrite, So Little Time...., Sanford Levinson
Constitutional Commentary
No abstract provided.