Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- APA (1)
- Academia (1)
- Administrative law (1)
- American Constitutional Exceptionalism (1)
- Book review (1)
-
- Business Roundtable (1)
- Cost-benefit analysis (1)
- Court of Appeals opinion (1)
- Courts (1)
- Doctrinal (1)
- Domestic law (1)
- Emily Zackin (1)
- European and American approaches (1)
- European law (1)
- Interpretation (1)
- Law professors (1)
- Law school (1)
- Legal profession (1)
- Legal scholarship (1)
- Legal studies (1)
- Legal theory (1)
- National Securities Market Improvement Act (1)
- Securities regulation (1)
- State constitutions (1)
- Supreme Court's Vermont Yankee decision (1)
- U.S. law (1)
- United States and Europe (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Safe At Any Speed: Robert Ahdieh’S Take On Cost-Benefit Analysis In Financial Markets, Jack M. Beermann
Safe At Any Speed: Robert Ahdieh’S Take On Cost-Benefit Analysis In Financial Markets, Jack M. Beermann
Shorter Faculty Works
When I saw the title of Robert Ahdieh’s recent article, Reanalyzing Cost-Benefit Analysis: Toward a Framework of Function(s) and Form(s), I thought, “oh no, not another article about CBA.” Knowing Professor Adhieh’s work, I took a flyer and read it anyway, and boy was I happy with my decision. This is a great article which should be of interest to anyone involved in administrative law, securities regulation and policy analysis more generally. Cost-benefit analysis has become an important regulatory tool, and Professor Adhieh’s article makes a valuable contribution to the literature on the special analysis required under Section 106 …
Intermediary Trademark Liability: A Comparative Lens, Stacey Dogan
Intermediary Trademark Liability: A Comparative Lens, Stacey Dogan
Shorter Faculty Works
Although we live in a global, interconnected world, legal scholarship – even scholarship about the Internet – often focuses on domestic law with little more than a nod to developments in other jurisdictions. That’s not necessarily a bad thing; after all, theoretically robust or historically thorough works can rarely achieve their goals while surveying the landscape across multiple countries with disparate traditions and laws. But as a student of U.S. law, I appreciate articles that explain how other legal systems are addressing issues that perplex or divide our scholars and courts. Given the tumult over intermediary liability in recent years, …
Looking For Mr. (Or Ms.) Rights, Jack M. Beermann
Looking For Mr. (Or Ms.) Rights, Jack M. Beermann
Shorter Faculty Works
I am on the prowl. It’s 1 a.m. and I’ve been looking for Mr. (or Ms.) Rights all night. I’ve been hanging out in every Article of the Constitution of the United States and I have been deep into the pages of the United States Reports and the Federal Reporter. Oh, I have found plenty of negative rights, like the right to be free from cruel and unusual punishment and the right not to be twice placed in jeopardy for the same criminal act. But I need something more positive in my life. I want those things that make a …
Rethinking Notice, Jack M. Beermann
Rethinking Notice, Jack M. Beermann
Shorter Faculty Works
APA § 553 (b)(3) requires agencies engaged in informal rulemaking to provide notice of "either the terms or substance of the proposed rule or a description of the subjects and issues involved." In most cases, agencies publish the complete text of their proposed rules, together with a preamble describing the need for the rule and the major considerations of policy and law that are raised by the proposal. Comments often convince agencies to make changes to their proposed rules. This, of course, is the whole point of the process. Difficulties arise, however, when, in reaction to comments, agencies promulgate rules …
On Legal Scholarship, Danielle K. Citron, Robin West
On Legal Scholarship, Danielle K. Citron, Robin West
Shorter Faculty Works
Academic critics contend that legal scholarship is overly argumentative or too “normative,” simply stating what the law should be, as well as what the law is. It isn’t about pure scholarship’s pursuit of knowledge within the discipline of a recognized academic field. Critics from the bar and the judiciary proffer the opposite complaint: legal scholarship is too academic and not professional enough, enamored with fads, unmoored from any discipline and of little use to the practicing lawyer or sitting judge. Law schools’ legions of cost-conscious critics complain that paying high salaries to professors with low course loads drives up tuitions. …