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Full-Text Articles in Law
When Should Investor Reliance Be Presumed In Securities Class Actions, Roberta S. Karmel
When Should Investor Reliance Be Presumed In Securities Class Actions, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Might The Fact That 90% Of Americans Live Within 15 Miles Of A Wal-Mart Help Achieve Universal Health Care?, William M. Sage
Might The Fact That 90% Of Americans Live Within 15 Miles Of A Wal-Mart Help Achieve Universal Health Care?, William M. Sage
Faculty Scholarship
The subject of this Essay is the retail medical clinic movement. Retail medical clinics-a few hundred exist at the time of this publication-are typically located in national or regional chains of discount stores, pharmacies, and supermarkets. 1 News articles describing this new phenomenon in American health care tend to examine its viability as a business. The symposium for which this Essay was prepared is devoted to the "Massachusetts Health Plan," that state's pioneering effort (in the current political cycle) to achieve near-universal health insurance for its residents. Accordingly, this Essay situates the retail medical clinic movement in overall "health policy," …
Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein
Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein
Faculty Scholarship
No abstract provided.
A Social Defense Of Sarbanes-Oxley, James A. Fanto
A Social Defense Of Sarbanes-Oxley, James A. Fanto
Faculty Scholarship
No abstract provided.
Below The Surface: Comparing Legislative History Usage By The House Of Lords And The Supreme Court , James J. Brudney
Below The Surface: Comparing Legislative History Usage By The House Of Lords And The Supreme Court , James J. Brudney
Faculty Scholarship
In 1992, the Law Lords (the judicial arm of the House of Lords) overruled more than two centuries of precedent when it decided in Pepper v. Hart that courts could refer to and rely on legislative history to aid in construing enacted laws. The ensuing fourteen years have witnessed a robust debate among British judges and legal scholars as to the scope and propriety of Pepper. This article offers the first empirical and comparative analysis of how Britain's highest court has used previously excluded legislative history materials in its judicial decisions. Although the Law Lords opened the door to reliance …
Challenging Direct Democracy, Erwin Chemerinsky
Challenging Direct Democracy, Erwin Chemerinsky
Faculty Scholarship
I want to argue today that direct democracy is undesirable and unconstitutional. I want to argue to you that the Supreme Court should find that the Michigan Civil Rights Initiative is unconstitutional, and strike it down. So I want to make two points. First, I am going to argue that direct democracy is undesirable. This is a normative argument; it’s not an argument about constitutional doctrine. Second, I want to argue that direct democracy is unconstitutional, and make a series of different arguments as to why.
Intentionalism's Revival , James J. Brudney
Intentionalism's Revival , James J. Brudney
Faculty Scholarship
This essay responds to an article by Professors Boudreau, Lupia, McCubbins, and Rodriguez (hereinafter "BLMRod") that was posted in Legislation and Statutory Interpretation Abstracts on July 26, 2007, (http://ssrn.com/abstract=997924) and that will appear in the San Diego Law Review, vol.44, no.2, 2007. The essay situates BLMRod's article in the context of recent efforts by a number of scholars to reclaim foundational legitimacy for intentionalism as an approach to construing statutes. The essay first applauds BLMRod's use of insights from communication theory to conceptualize statutes as compressed substantive or procedural commands that cannot be adequately understood without an appreciation for the …
What Statutes Mean: Interpretive Lessons From Positive Theories Of Communication And Legislation, Cheryl Boudreau, Arthur Lupia, Mathew D. Mccubbins, Daniel B. Rodriguez
What Statutes Mean: Interpretive Lessons From Positive Theories Of Communication And Legislation, Cheryl Boudreau, Arthur Lupia, Mathew D. Mccubbins, Daniel B. Rodriguez
Faculty Scholarship
No abstract provided.
The Dual Path Initiative Framework, Elizabeth Garrett, Mathew D. Mccubbins
The Dual Path Initiative Framework, Elizabeth Garrett, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Solving The ‘Initiatory Construction’ Puzzle (And Improving Direct Democracy) By Appropriate Refocusing On Sponsor Intent, Glenn Smith
Faculty Scholarship
This Article synthesizes and critiques a dozen years of scholarship about judicial construction of legislation passed by voter initiative. The Article then makes a comprehensive case for an alternative approach: an appropriately enhanced focus on the intent of initiative sponsors. More specifically, the Article validates, through analysis of recent California decisions, a longstanding scholarly consensus that the prevailing judicial search for "the intent of the voters" is seriously flawed. The Article provides the first synthesis to date of reform proposals offered by "initiatory-construction" scholars; the discussion contends that these proposals collectively fail four key evaluation criteria. Building on the 2003 …
First Amendment Cases In The Supreme Court 2005 Term, Joel Gora
First Amendment Cases In The Supreme Court 2005 Term, Joel Gora
Faculty Scholarship
No abstract provided.
Enhancing Drug Effectiveness And Efficacy Through Personal Injury Litigation, Anita Bernstein
Enhancing Drug Effectiveness And Efficacy Through Personal Injury Litigation, Anita Bernstein
Faculty Scholarship
No abstract provided.