Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Military, War, and Peace (5)
- International Law (4)
- Social and Behavioral Sciences (3)
- Admiralty (2)
- Behavioral Economics (2)
-
- Constitutional Law (2)
- Economics (2)
- Law and Politics (2)
- Legal Ethics and Professional Responsibility (2)
- National Security Law (2)
- Public Affairs, Public Policy and Public Administration (2)
- Agency (1)
- American Politics (1)
- Civil Rights and Discrimination (1)
- Courts (1)
- Criminal Law (1)
- Human Rights Law (1)
- Judges (1)
- Jurisdiction (1)
- Law Enforcement and Corrections (1)
- Legal History (1)
- Political Science (1)
- Sexuality and the Law (1)
- Social Welfare (1)
- Keyword
-
- Constitutional law (7)
- Due process of law (3)
- International law (3)
- Military art and science (3)
- United States. Supreme Court (3)
-
- War (International law) (3)
- Civil procedure (2)
- Developing countries (2)
- Human rights (2)
- Justice (2)
- Law--Study and teaching (2)
- Multiculturalism (2)
- Political questions and judicial power (2)
- Administrative agencies (1)
- Administrative law (1)
- Adversary system (Law) (1)
- Air warfare (1)
- Angel Francisco Breard v. Fred W. Greene Warden (1)
- Appellate courts (1)
- Appellate procedure (1)
- Augusto Pinochet Ugarte (1)
- Capitalism (1)
- Casualty aversion (Military science) (1)
- Choice (Psychology) (1)
- Civilians in war (1)
- Combatants and noncombatants (International law) (1)
- Comparative law (1)
- Cost effectiveness (1)
- Courts (1)
- Custody of children (1)
Articles 1 - 30 of 74
Full-Text Articles in Law
Global Capitalism And Nationalist Backlash: The Link Between Markets And Ethnicity, Amy L. Chua
Global Capitalism And Nationalist Backlash: The Link Between Markets And Ethnicity, Amy L. Chua
Faculty Scholarship
No abstract provided.
Reflective Choice In Health Care: Using Information Technology To Present Allocation Options, Arti K. Rai
Reflective Choice In Health Care: Using Information Technology To Present Allocation Options, Arti K. Rai
Faculty Scholarship
No abstract provided.
The Democratic Deficit In European Community Rulemaking: A Call For Notice And Comment In Comitology, Francesca E. Bignami
The Democratic Deficit In European Community Rulemaking: A Call For Notice And Comment In Comitology, Francesca E. Bignami
Faculty Scholarship
Parliamentary democracy is the dominant paradigm in the European Community's democratic deficit debate.
Class Actions And Social Issue Torts In The Gulf South, Francis Mcgovern
Class Actions And Social Issue Torts In The Gulf South, Francis Mcgovern
Faculty Scholarship
This Article explores the practical, theoretical, and doctrinal evolution of class actions and social issue torts in the Gulf South. After explaining the reasons for the continued use of class actions and the recent emergence of social issue torts, the Article discusses the debate concerning the perceived abuses of both class actions and social issue torts. Professor McGovern conludes by making recommendations for incremental improvements to moderate the more egregious uses and abuses of class actions and social issue torts.
Substantive Due Process, Erwin Chemerinsky
The Mechanisms Of Control, Deborah A. Demott
The Mechanisms Of Control, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Feminism And Family Law, Katharine T. Bartlett
Feminism And Family Law, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Judgment Proofing: A Rejoinder, Steven L. Schwarcz
Judgment Proofing: A Rejoinder, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Dialogue On State Action, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
‘Breard,’ Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley
‘Breard,’ Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley
Faculty Scholarship
In its decision last Term in 'Breard v. Greene,' the Supreme Court refused to stay the execution of Angel Breard, an inmate in Virginia, even though Virginia had violted a treaty on consular relations and the International Court of Justice had ordered the United States to "take all measures at its disposal" to stay the execution. The international law academy has been heavily critical of the Supreme Court's decision and other aspects of the United States' handling of the Breard case. In this article Professor Bradley argues that the criticisms by the academy reflect an "international conception" of the relationship …
Abdication Or Delegation? Congress, The Bureaucracy, And The Delegation Dilemma, Mathew D. Mccubbins
Abdication Or Delegation? Congress, The Bureaucracy, And The Delegation Dilemma, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Markets, Democracy, And Ethnic Conflict, Amy L. Chua
Markets, Democracy, And Ethnic Conflict, Amy L. Chua
Faculty Scholarship
No abstract provided.
Rationing Justice—What Thomas More Would Say, Michael E. Tigar
Rationing Justice—What Thomas More Would Say, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Rethinking Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Rethinking Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Faculty Scholarship
This paper analyzes cost-benefit analysis from legal, economic, and philosophical perspectives. The traditional defense of cost-benefit analysis is that it maximizes a social welfare function that aggregates unweighted and unrestricted preferences. We follow many economists and philosophers who conclude that this defense is not persuasive. Cost-benefit analysis unavoidably depends on controversial distributive judgments; and the view that the government should maximize the satisfaction of unrestricted preferences is not plausible. However, we disagree with critics who argue that cost-benefit analysis produces morally irrelevant evaluations of projects and should be abandoned. On the contrary, cost-benefit analysis, suitably constrained, is consistent with a …
The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky
The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Prosecutorial Immunity, Erwin Chemerinsky
Protecting Privacy From Technological Intrusions, Erwin Chemerinsky
Protecting Privacy From Technological Intrusions, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky
The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Global Environmental Regulation: Instrument Choice In Legal Context, Jonathan B. Wiener
Global Environmental Regulation: Instrument Choice In Legal Context, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
The Constitution In Authoritarian Institutions, Erwin Chemerinsky
The Constitution In Authoritarian Institutions, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson
The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson
Faculty Scholarship
No abstract provided.
Who’S Afraid Of Thomas Cromwell?, H. Jefferson Powell
Who’S Afraid Of Thomas Cromwell?, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
When Corporate Managers Fear A Good Thing Is Coming To An End: The Case Of Interim Nondisclosure, Mitu Gulati
When Corporate Managers Fear A Good Thing Is Coming To An End: The Case Of Interim Nondisclosure, Mitu Gulati
Faculty Scholarship
Every public offering of securities is necessarily made some time during a fiscal quarter. Companies are obliged to disclose fall quarter operating results, but their obligations regarding the as-yet-incomplete quarter remain unclear. In this Article, Professor Mitu Gulati tackles both the normative question of whether companies doing offerings should be required to disclose their unripe information concerning the current quarter and the doctrinal question of whether such an obligation already exists within the framework of disclosure duties. The Article concludes that, while market forces and regulatory requirements operate to solve the interim nondisclosure problem in the majority of cases, there …
The Obsolescence Of The United States Courts Of Appeals: Roscoe Pound’S Structural Solution, Paul D. Carrington
The Obsolescence Of The United States Courts Of Appeals: Roscoe Pound’S Structural Solution, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Do State Religious Freedom Restoration Acts Violate The Establishment Clause Or Separation Of Powers?, Erwin Chemerinsky
Do State Religious Freedom Restoration Acts Violate The Establishment Clause Or Separation Of Powers?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Database Protection At The Crossroads: Recent Development And Their Impact On Science And Technology, Jerome H. Reichman, Paul F. Uhlir
Database Protection At The Crossroads: Recent Development And Their Impact On Science And Technology, Jerome H. Reichman, Paul F. Uhlir
Faculty Scholarship
This article explores the potentially adverse impact that the emerging legal infrastructure could have on scientific, technical, and educational users of factual data and information-as well as on other sectors of the information economy-unless suitable adjustments are made. It begins by explaining how efforts to accommodate the networked environment to the publishers' fears of market failure will impose a daunting array of legal and contractual restraints on the ability of scientists and engineers to access factual data and information in the near future. It then goes on to examine the most recent efforts to devise a sui generis intellectual property …
On The Political Economy Of Global Environmental Regulation, Jonathan B. Wiener
On The Political Economy Of Global Environmental Regulation, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
Book Review, Curtis A. Bradley
Book Review, Curtis A. Bradley
Faculty Scholarship
Reviewing John Rogers, International Law and United States Law (1999)
The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young
The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young
Faculty Scholarship
No abstract provided.