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Full-Text Articles in Law
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
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No abstract provided.
Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer
Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer
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Most debate about the power of judicial review proceeds as if courts primarily invoke the Constitution against the considered judgment of elected legislatures; most constitutional commentary focuses on confrontations between the United States Supreme Court and state or federal legislatures. In fact, the federal courts most often enforce constitutional norms against administrative agencies and street-level bureaucrats, and the norms are enforced not by the Supreme Court but by the federal trial courts. In this Article, Professor Kreimer surveys this "dark matter" of our constitutional universe.
The Article compares the 292 cases involving constitutional claims decided by the Supreme Court during …
The Unanimity Norm In Delaware Corporate Law, David A. Skeel Jr.
The Unanimity Norm In Delaware Corporate Law, David A. Skeel Jr.
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No abstract provided.
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
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In this Article, Professor Fisch assesses currrent retroactivity doctrine and proposes a new framework for retroactivity analysis. Current law has failed to reflect the complexity of defining retroactivity and to harmonize the conflicting concerns of efficiency and fairness that animate retroactivity doctrine. By drawing a sharp distinction between adjudication and legislation, the law has also overlooked the similarity of the issues that retroactivity raises in both contexts. Professor Fisch's analysis, influenced by the legal process school, uses an equilibrium approach to connect retroactivity analysis to theories of legal change. Instead of focusing on the nature of the new legal rule, …
Saints And Sinners: How Does Delaware Corporate Law Work?, Edward B. Rock
Saints And Sinners: How Does Delaware Corporate Law Work?, Edward B. Rock
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No abstract provided.
Immaturity And Irresponsibility, Stephen J. Morse
Immaturity And Irresponsibility, Stephen J. Morse
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No abstract provided.
The Federal Sentencing Guidelines Ten Years Later: An Introduction And Comments, Paul H. Robinson
The Federal Sentencing Guidelines Ten Years Later: An Introduction And Comments, Paul H. Robinson
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No abstract provided.