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Articles 811 - 840 of 10389
Full-Text Articles in Law
Cultural Ip Vs. Commercial Ip, J. Janewa Osei-Tutu
The Hidden Disability Consensus In The 2020 Campaign, Harold A. Pollack, Samuel R. Bagenstos
The Hidden Disability Consensus In The 2020 Campaign, Harold A. Pollack, Samuel R. Bagenstos
Articles
At this writing, the final results of the Iowa caucuses remain unreported. No one yet knows which candidates did well and which did poorly. We do know that health policy is a defining cleavage between left and liberal Democrats this primary season. Much of the press coverage will naturally focus on the implications of this vote for Democrats’ commitment to an incremental public option or a full-throated single-payer plan.
Using Transactional Practice Competitions To Introduce Students To Key Deal-Making Skills, Ted Becker, Eric Zacks
Using Transactional Practice Competitions To Introduce Students To Key Deal-Making Skills, Ted Becker, Eric Zacks
Articles
Law school moot court competitions are everywhere. That is a bit of an exaggeration, to be sure, but not by much. At last count, students with an interest in litigation had more than 60 interschool appellate advocacy competitions to choose from, ranging in topics from admiralty to space law to veterans law. Toss in trial advocacy competitions, and the number of opportunities to hone litigation skills increases significantly. And seemingly every law school has its own intraschool litigation competitions, ranging from part of a 1L legal writing program to school-wide appellate advocacy competitions whose final rounds attract prominent judges or …
Olmstead V. L.C.: The Supreme Court Case, Samuel R. Bagenstos, Irv Gornstein, Michael Gottesman, Jennifer Mathis
Olmstead V. L.C.: The Supreme Court Case, Samuel R. Bagenstos, Irv Gornstein, Michael Gottesman, Jennifer Mathis
Articles
You have an incredible luxury here at Georgetown Law. You have faculty who are engaged in the world like two of my colleagues on this panel. To my immediate left is Professor Michael Gottesman (Georgetown University Law Center) who argued the case on behalf of Lois and Elaine, and to my next far left, Professor Irv Gornstein (Georgetown University Law Center) who argued the case on behalf of the United States. Between them is Jennifer Mathis (The Bazelon Center for Mental Health Law) who has spent, I think, most of her career at the Bazelon Center litigating, and organizing, and …
Designing And Enforcing Preliminary Agreements, Albert H. Choi, George Triantis
Designing And Enforcing Preliminary Agreements, Albert H. Choi, George Triantis
Articles
Preliminary agreements—variously labeled as memoranda of understanding, letters of intent, term sheets, commitment letters, or agreements in principle—are common in complex business transactions. They document an incomplete set of terms that the parties have agreed upon, while anticipating further negotiation of the remaining provisions. They often create legal obligations, particularly a duty to negotiate in good faith. This duty has been the subject of a substantial number of judicial opinions over the past few decades and yet continues to be regarded as a confusing and unpredictable issue in contract law. Legal scholarship is hamstrung in its analysis of the case …
Is Obamacare Really Unconstitutional?, Nicholas Bagley
Is Obamacare Really Unconstitutional?, Nicholas Bagley
Articles
On December 18, 2019, just 3 days after the close of open enrollment on the exchanges and on the same day the House of Representatives impeached President Donald Trump, a conservative appeals court handed the President a major victory in his crusade against the Affordable Care Act (ACA). Over a stern dissent, the U.S. Court of Appeals for the Fifth Circuit declared that the law’s individual mandate is unconstitutional and that the entire rest of the law might therefore be invalid.
Precedent And Discretion, William Baude
Precedent And Discretion, William Baude
Articles
Supreme Court precedent is a topic of perennial prominence. The Court overruled or severely limited multiple precedents last year, just as it did the year before that. Because of our widely-repeated norm of stare decisis, every overruling is criticized. Scholars have then debated whether the Court needs a stronger norm of stare decisis, so that it overrules fewer cases.
Rate Regulation Redux, Joshua Macey, Jackson Salovaara
Chapter 11'S Renegotiation Framework And The Purpose Of Corporate Bankruptcy, Anthony Casey
Chapter 11'S Renegotiation Framework And The Purpose Of Corporate Bankruptcy, Anthony Casey
Articles
No abstract provided.
Why Has Antitrust Law Failed Workers?, Eric Posner, Ioana Marinescu
Why Has Antitrust Law Failed Workers?, Eric Posner, Ioana Marinescu
Articles
No abstract provided.
The Civil Rights Juggernaut David C. Baum Memorial Lecture On Civil Liberties And Civil Rights, Richard Epstein
The Civil Rights Juggernaut David C. Baum Memorial Lecture On Civil Liberties And Civil Rights, Richard Epstein
Articles
No abstract provided.
Swanson V Citibank And The 1l Canon, William Hubbard
Common Law Judging In An Age Of Statutes, Douglas Baird
Common Law Judging In An Age Of Statutes, Douglas Baird
Articles
No abstract provided.
Deference To The Executive In The United States After September 11, Eric Posner
Deference To The Executive In The United States After September 11, Eric Posner
Articles
No abstract provided.
Judge Wood Meets International Tax, Julie Roin
Equality's Understudies, Aziz Huq
The Failed Transparency Regime For Executive Agreements: An Empirical And Normative Analysis, Oona A. Hathaway, Curtis A. Bradley, Jack L. Goldsmith
The Failed Transparency Regime For Executive Agreements: An Empirical And Normative Analysis, Oona A. Hathaway, Curtis A. Bradley, Jack L. Goldsmith
Articles
The Constitution specifies only one process for making international agreements. Article II states that the President “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” The treaty process has long been on a path to obsolescence, however, with fewer and fewer treaties being made in each presidential administration. Nevertheless, the United States has not stopped making international agreements. Even as Article II treaties have come to a near halt, the United States has concluded hundreds of binding international agreements each year. These agreements, known as …
Pattern Recognition In Tyus V. Urban Search Management, Lee Fennell
Pattern Recognition In Tyus V. Urban Search Management, Lee Fennell
Articles
No abstract provided.
The Federal Judiciary's Role In Drug Law Reform In An Era Of Congressional Dysfunction, Erica Zunkel, Alison Siegler
The Federal Judiciary's Role In Drug Law Reform In An Era Of Congressional Dysfunction, Erica Zunkel, Alison Siegler
Articles
No abstract provided.
Expounding The Constitution, Farah Peterson
Constitutional Rights In The Machine Learning State, Aziz Huq
Constitutional Rights In The Machine Learning State, Aziz Huq
Articles
No abstract provided.
Migratory Birds And The Administrative State, David Strauss
Migratory Birds And The Administrative State, David Strauss
Articles
No abstract provided.
A Unified Approach To Erie Analysis For Federal Statutes, Rules, And Common Law, Allan Erbsen
A Unified Approach To Erie Analysis For Federal Statutes, Rules, And Common Law, Allan Erbsen
Articles
No abstract provided.
The Arc Of Monopoly: A Case Study In Computing, Randal Picker
The Arc Of Monopoly: A Case Study In Computing, Randal Picker
Articles
No abstract provided.
Substitutes, Complements, And Irritants:Garza V Lappinand The Role Of International Law In Us Courts, Tom Ginsburg
Substitutes, Complements, And Irritants:Garza V Lappinand The Role Of International Law In Us Courts, Tom Ginsburg
Articles
No abstract provided.
Death As Divorce For The Abandoned Spouse: Davis V Combes And The Cautious And Gender-Sensitive Judiciary, Saul Levmore
Death As Divorce For The Abandoned Spouse: Davis V Combes And The Cautious And Gender-Sensitive Judiciary, Saul Levmore
Articles
No abstract provided.
Data Security's Unjust Enrichment Theory, Lior Strahilevitz
Data Security's Unjust Enrichment Theory, Lior Strahilevitz
Articles
No abstract provided.
Joint Employment: The Unintended And Unpredictable "Employment" Relationship, Richard Epstein, Timothy Tymkovich, Phillip Miscimarra, Richard Griffin, Pepper Crutcher
Joint Employment: The Unintended And Unpredictable "Employment" Relationship, Richard Epstein, Timothy Tymkovich, Phillip Miscimarra, Richard Griffin, Pepper Crutcher
Articles
No abstract provided.
Seroprevalence Of Sars-Cov-2 In Slums Versus Non-Slums In Mumbai, India, Anup Malani, Daksha Shah, Gagandeep Kang, Gayatri Nair Lobo, Jayanthi Shastri, Manoj Mohanan, Rajesh Jain, Sachee Agrawal, Sandeep Juneja, Sofia Imad
Seroprevalence Of Sars-Cov-2 In Slums Versus Non-Slums In Mumbai, India, Anup Malani, Daksha Shah, Gagandeep Kang, Gayatri Nair Lobo, Jayanthi Shastri, Manoj Mohanan, Rajesh Jain, Sachee Agrawal, Sandeep Juneja, Sofia Imad
Articles
No abstract provided.
Cost-Benefit Analysis Under Trump: A Comment On Dan Farber's Regulatory Review In Anti-Regulatory Times, Jonathan Masur
Cost-Benefit Analysis Under Trump: A Comment On Dan Farber's Regulatory Review In Anti-Regulatory Times, Jonathan Masur
Articles
No abstract provided.