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2000

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Institution
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Articles 3601 - 3617 of 3617

Full-Text Articles in Law

Folk Psychology And Legal Understanding, Robert Birmingham Jan 2000

Folk Psychology And Legal Understanding, Robert Birmingham

Faculty Articles and Papers

No abstract provided.


The Problem With Scorecards: How (And How Not) To Measure The Cost-Effectiveness Of Economic Sanctions, Richard Parker Jan 2000

The Problem With Scorecards: How (And How Not) To Measure The Cost-Effectiveness Of Economic Sanctions, Richard Parker

Faculty Articles and Papers

No abstract provided.


The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian Jan 2000

The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative ...


A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins Jan 2000

A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by political and legal processes. At its heart, the Article is a legal and historical study of the moral dimension and inherent contradictions facing Adams, in particular, and the American Republic, in general, regarding the existence and persistence of the institution of slavery in a nation built upon ...


An Inquiry Into Indigenous Political Participation: Implications For Tribal Sovereignty, David E. Wilkins Jan 2000

An Inquiry Into Indigenous Political Participation: Implications For Tribal Sovereignty, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to—tribal, state, and federal—we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only gradually been incorporated in various ways by various federal policies and day to day interactions with non-Indians. Tribal nations, of course, have never been constitutionally incorporated and still retain their standing as separate political bodies not beholden to either federal or state constitutions for their existence.


On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar Jan 2000

On The Evolution Of The Canonical Dissent, Anita S. Krishnakumar

Faculty Publications

Legal theorists increasingly have come to recognize and study the existence of a constitutional canon composed of highly authoritative legal texts that command special reverence in the law. Among these highly authoritative texts are a series of dissenting opinions—e.g., Justice Holmes's in Lochner v. New York, and Justice Harlan's in Plessy v. Ferguson—that ironically are more famous than the majority opinions in most other cases. This Article examines the evolution of the dissenting canon, seeking to explain both the methods by which various dissenting opinions became canonized and the motivating factors behind these canonizations.

Specifically ...


The Overproduction Of Death, James S. Liebman Jan 2000

The Overproduction Of Death, James S. Liebman

Faculty Scholarship

In this Article, Professor Liebman concludes that trial actors have strong incentives to – and do – overproduce death sentences, condemning to death men and women who, under state substantive law, do not deserve that penalty. Because trial-level procedural rights do not weaken these incentives or constrain the overproduction that results, it falls to post-trial procedural review – which is ill-suited to the task and fails to feed back needed information to the trial level – to identify the many substantive mistakes made at capital trials. This system is difficult to reform because it benefits both pro-death penalty trial actors (who generate more death ...


The United States' Doctrine Of Exhaustion: Parallel Imports Of Patented Goods, Margreth Barrett Jan 2000

The United States' Doctrine Of Exhaustion: Parallel Imports Of Patented Goods, Margreth Barrett

Faculty Scholarship

No abstract provided.


Separate But Equal?: The Supreme Court, The Lower Federal Courts, And The Nature Of The "Judicial Power", Ashutosh Bhagwat Jan 2000

Separate But Equal?: The Supreme Court, The Lower Federal Courts, And The Nature Of The "Judicial Power", Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.


Disabling Certitudes: An Introduction To The Role Of Mythologies Of Conquest In Law, Jo Carrillo Jan 2000

Disabling Certitudes: An Introduction To The Role Of Mythologies Of Conquest In Law, Jo Carrillo

Faculty Scholarship

No abstract provided.


Breaking The Federal/State Impasse Over Medical Marijuana: A Proposal, Marsha N. Cohen Jan 2000

Breaking The Federal/State Impasse Over Medical Marijuana: A Proposal, Marsha N. Cohen

Faculty Scholarship

No abstract provided.


National Courts And International Arbitration: Exhaustion Of Remedies And Res Judicata Under Chapter Eleven Of Nafta, William S. Dodge Jan 2000

National Courts And International Arbitration: Exhaustion Of Remedies And Res Judicata Under Chapter Eleven Of Nafta, William S. Dodge

Faculty Scholarship

No abstract provided.


Teaching The Cisg In Contracts, William S. Dodge Jan 2000

Teaching The Cisg In Contracts, William S. Dodge

Faculty Scholarship

No abstract provided.


How Good Is Good Enough? Expert Evidence Under Daubert And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders Jan 2000

How Good Is Good Enough? Expert Evidence Under Daubert And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders

Faculty Scholarship

No abstract provided.


The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman Jan 2000

The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman

Faculty Scholarship

No abstract provided.


Whatever Happened To Anti-Semitism? How Social Science Theories Identify Discrimination And Promote Coalitions Between "Different" Minorities, Clark Freshman Jan 2000

Whatever Happened To Anti-Semitism? How Social Science Theories Identify Discrimination And Promote Coalitions Between "Different" Minorities, Clark Freshman

Faculty Scholarship

No abstract provided.


The Battle For Hetch Hetchy Goes To Congress, Brian E. Gray Jan 2000

The Battle For Hetch Hetchy Goes To Congress, Brian E. Gray

Faculty Scholarship

No abstract provided.