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Articles 31 - 60 of 88
Full-Text Articles in Law
Beyond The Smokestack: Environmental Protection In The Service Economy, James Salzman
Beyond The Smokestack: Environmental Protection In The Service Economy, James Salzman
Faculty Scholarship
When our pollution control statutes were drafted in the 1970s, smokestack sources sat squarely in these laws' regulatory cross hairs. Over the past few decades, however, manufacturing's relative importance has declined while the service sector has ascended to a position of dominance in America's economy. Yet consideration of services remains almost entirely absent from environmental law and policy scholarship. In this Article, Professor James Salzman addresses the implications for environmental protection of the service sector's ascent. Commentators have suggested that the ascent of services provides an important path toward sustainable development. In Part I of this Article, Salzman examines the …
The Hypocrisy Of ‘Alden V. Maine’: Judicial Review, Sovereign Immunity And The Rehnquist Court, Erwin Chemerinsky
The Hypocrisy Of ‘Alden V. Maine’: Judicial Review, Sovereign Immunity And The Rehnquist Court, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky
Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Learning The Wrong Lessons From History: Why There Must Be An Independant Counsel Law, Erwin Chemerinsky
Learning The Wrong Lessons From History: Why There Must Be An Independant Counsel Law, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Content Neutrality As A Central Problem Of Freedom Of Speech: Problems In The Supreme Court’S Application, Erwin Chemerinsky
Content Neutrality As A Central Problem Of Freedom Of Speech: Problems In The Supreme Court’S Application, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Fluid Relationships In Transitional Times: A Comment On Employees And Corporate Governance, Deborah A. Demott
Fluid Relationships In Transitional Times: A Comment On Employees And Corporate Governance, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Faculty Scholarship
No abstract provided.
Third Way Environmentalism, Christopher H. Schroeder
Third Way Environmentalism, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Connected Contracts, Mitu Gulati, William A. Klein, Eric M. Zolt
Connected Contracts, Mitu Gulati, William A. Klein, Eric M. Zolt
Faculty Scholarship
This Article proposes the metaphor of connected contracts for understanding collaborative economic activity. "Connected contracts" refers to the interrelating agreements and relationships among the participants in a business venture. From the perspective offered by this metaphor, there are no firms, no predetermined hierarchies, no organizations with personalities of their own, and no a priori notions of ownership or control; there is no shareholder or managerial primacy and no centralizing "nexus." The view is from the bottom up rather than from the top down. Boundaries and governance are not central issues, nor do they loom in the background. There are no …
Exit Consents In Sovereign Bond Exchanges, Mitu Gulati, Lee C. Buchheit
Exit Consents In Sovereign Bond Exchanges, Mitu Gulati, Lee C. Buchheit
Faculty Scholarship
The external debt of emerging market sovereign borrowers is now mainly in the form of bonds held by numerous institutional and individual bondholders. Many of these bonds are governed by the law of the state of New York. As a matter of drafting convention, bonds for sovereign issuers governed by New York law prohibit amendments to the payment terms of the instruments (the amount and the due dates of payments) without the consent of each affected bondholder. If a sovereign issuer finds it necessary to seek a restructuring of its bond indebtedness, it must therefore implement the restructuring by offering …
Lawyers Amid The Redemption Of The South, Paul D. Carrington
Lawyers Amid The Redemption Of The South, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Right Result, Wrong Reasons: Reno V. Condon, Erwin Chemerinsky
Right Result, Wrong Reasons: Reno V. Condon, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Are Student Delivered Graduation Prayers And Religious Speeches Constitutional?, Erwin Chemerinsky
Are Student Delivered Graduation Prayers And Religious Speeches Constitutional?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Rampart Scandal And The Criminal Justice System In Los Angeles County, Erwin Chemerinsky
The Rampart Scandal And The Criminal Justice System In Los Angeles County, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Accounting For Greed: Unraveling The “Rogue Trader” Mystery, Kimberly D. Krawiec
Accounting For Greed: Unraveling The “Rogue Trader” Mystery, Kimberly D. Krawiec
Faculty Scholarship
In this article, I analyze the motivations underlying the actions of "rogue traders" - market professionals who engage in unauthorized purchases or sales of securities, commodities or derivatives, often for a financial institution's proprietary trading account - and the motivations of the managers or supervisors who are assigned to oversee such traders. After beginning with the observation that rogue trading incidents are neither new nor isolated events, I argue that the continued existence of pervasive rogue trading has remained a mystery for industry observers, particularly given both the extensive legal regime and formal institutional policies apparently designed to curb such …
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States, Madeline Morris
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States, Madeline Morris
Faculty Scholarship
This article questions the validity under international law of the provisions of the Treaty for an International Criminal Court (ICC) that purport to give the ICC jurisdiction over nationals of states that are not parties to the Treaty. The article examines two facially plausible theories for the validity of ICC jurisdiction over non-party nationals: that the ICC may exercise universal jurisdiction delegated to it by states parties, and that the ICC may exercise territorial jurisdiction delegated to it by states parties. Each of those theories is found to be flawed. The article then questions whether there is in fact any …
Virtual Arbitration, Paul D. Carrington
The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries?, Jerome H. Reichman
The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries?, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
World Music On A U.S. Stage: A Berne/Trips And Economic Analysis Of The Fairness In Music Licensing Act, Laurence R. Helfer
World Music On A U.S. Stage: A Berne/Trips And Economic Analysis Of The Fairness In Music Licensing Act, Laurence R. Helfer
Faculty Scholarship
This article analyzes the dispute settlement proceedings pending before the World Trade Organization (WTO) concerning the Fairness in Music License Act of 1998, a new provision of the US Copyright Act that exempts many bars, restaurants, and retail stores from paying license fees for performing broadcast music in their establishments. In May 1999, the European Community challenged the Act, and its predecessor "homestyle exemption," as a violation of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) and the Berne Convention for the Protection of Literary and Artistic Works (Berne). The FMLA dispute is the first time in …
Big Money In Texas Judicial Elections: The Sickness And Its Remedies, Paul D. Carrington
Big Money In Texas Judicial Elections: The Sickness And Its Remedies, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Enforcement And Countermeasures In The Wto: Rules Are Rules - Toward A More Collective Approach, Joost H. B. Pauwelyn
Enforcement And Countermeasures In The Wto: Rules Are Rules - Toward A More Collective Approach, Joost H. B. Pauwelyn
Faculty Scholarship
No abstract provided.
Some Key Jurisprudential Issues Of The Twenty-First Century, George C. Christie
Some Key Jurisprudential Issues Of The Twenty-First Century, George C. Christie
Faculty Scholarship
No abstract provided.
Redistricting In North Carolina-A Personal Perspective, Robinson O. Everett
Redistricting In North Carolina-A Personal Perspective, Robinson O. Everett
Faculty Scholarship
In 1992, when I filed a lawsuit attacking North Carolina's recently enacted congressional redistricting plan, my premise was that drawing a plan for a racially defined purpose violates equal protection and for this reason and others is unconstitutional. Having now argued four appeals before the Supreme Court concerning North Carolina's redistricting, I still believe in the correctness of my origial premise; but, in addition, I am concerned that districts drawn with a predominantly racial purpose tend to polarize our society, discourage the formation of multiracial coalitions, and, in the long run, to harm even those they are intended to protect. …
Addressing The Patent Gold Rush: The Role Of Deference To Pto Patent Denials, Arti K. Rai
Addressing The Patent Gold Rush: The Role Of Deference To Pto Patent Denials, Arti K. Rai
Faculty Scholarship
No abstract provided.
Of Green Tulips And Legal Kudzu: Repackaging Rights In Subpatentable Innovation, Jerome H. Reichman
Of Green Tulips And Legal Kudzu: Repackaging Rights In Subpatentable Innovation, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler
Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Juries And Expert Evidence, Neil Vidmar, Shari S. Diamond
Juries And Expert Evidence, Neil Vidmar, Shari S. Diamond
Faculty Scholarship
No abstract provided.
Affirmative Actions, William W. Van Alstyne
Affirmative Actions, William W. Van Alstyne
Faculty Scholarship
The purpose of this brief paper is to unravel several quite different understandings of "affirmative action" in our personal conduct toward one another, and in our laws.
Doing Something About Marriage Penalties: A Guide For The Perplexed, Lawrence A. Zelenak
Doing Something About Marriage Penalties: A Guide For The Perplexed, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.