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Articles 121 - 136 of 136
Full-Text Articles in Law
Civil Procedure To Enforce Transnational Rights?, Paul D. Carrington
Civil Procedure To Enforce Transnational Rights?, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley
The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Guantanamo Three Step, Joseph Blocher
Aggregation In Criminal Law, Brandon L. Garrett
Aggregation In Criminal Law, Brandon L. Garrett
Faculty Scholarship
This Article considers aggregation in criminal law. In criminal law, fundamental constitutional rights to an individual day in court sharply limit the occurrence of procedural aggregation, such as joinder, during trials. By way of contrast, in civil cases, courts permit a range of aggregate litigation, including consolidation and class actions. Nevertheless, the boundaries between civil and criminal law approaches to aggregation are more permeable than conventionally understood. Courts now aggregate criminal cases, and they do so without violating constitutional rights, by joining cases only before trial and during appeals. I present five case studies examining novel aggregative procedures that courts …
Civil Society And International Organizations: A Liberal Framework For Global Governance, Francesca E. Bignami
Civil Society And International Organizations: A Liberal Framework For Global Governance, Francesca E. Bignami
Faculty Scholarship
An earlier draft of this Article was presented at a faculty workshop at the University of Illinois College of Law. (Author's Manuscript, March 2005) This analysis of how civil society can contribute to a better system of global governance draws on the political philosophy of civil society and the comparative law of democracy. Its first part describes the civil society phenomenon in three different international organizations: the World Bank, the World Trade Organization, and the European Union. Part Two puts forward the moral principle upon which my argument rests: liberal democracy. The next part sets the stage for the discussion …
Introductory Remarks: The Relationship Of Law And Morality In Respect To Constitutional Law, William W. Van Alstyne
Introductory Remarks: The Relationship Of Law And Morality In Respect To Constitutional Law, William W. Van Alstyne
Faculty Scholarship
This article explores the consequences of a Constitution not entirely aligned with moral law. These remarks encourage all legal minds to acknowledge such gaps when they are found, although there are a variety of ways in which such acknowledgment may take shape.
Appellate Courts, Michael E. Tigar
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.
Classified Boards And Firm Value, Michael D. Frakes
Classified Boards And Firm Value, Michael D. Frakes
Faculty Scholarship
Classified boards constitute one of the most potent takeover defenses for U.S. firms today. However, as with takeover defenses more generally, economic theory offers an ambiguous prediction as to the effect that classified boards have on bottom-line firm value. A resolution of this ambiguity will require sound and convincing empirical methodology. In an effort to address limitations in the existing empirical literature, this article approaches the relationship between corporate governance and firm value while taking various measures to account for unobserved sources of heterogeneity across firms. Using the instrumental variables model developed by Hausman and Taylor, I find evidence of …
The Law And Policy Beginnings Of Ecosystem Services, James Salzman, J.B. Ruhl
The Law And Policy Beginnings Of Ecosystem Services, James Salzman, J.B. Ruhl
Faculty Scholarship
This article is an introduction to a symposium issue of the journal on ecosystem services. As the brief descriptions of recent developments make clear, the field has changed greatly since the late 1990s and there are a lot of exciting developments underway. With the partnership of the Journal of Land Use & Environmental Law, we thought it important to revisit the state of the field five years after the Stanford workshop. Thus we invited experts across the range of environmental law to Florida State for a two-day workshop assessing the current status of ecosystem services in environmental law. The results …
Mandatory Constitutions, Paul D. Carrington
Well-Being, Inequality And Time: The Time-Slice Problem And Its Policy Implications, Matthew D. Adler
Well-Being, Inequality And Time: The Time-Slice Problem And Its Policy Implications, Matthew D. Adler
Faculty Scholarship
Should equality be viewed from a lifetime or "sublifetime" perspective? In measuring the inequality of income, for example, should we measure the inequality of lifetime income or of annual income? In characterizing a tax as "progressive" or "regressive," should we look to whether the annual tax burden increases with annual income, or instead to whether the lifetime tax burden increases with lifetime income? Should the overriding aim of anti-poverty programs be to reduce chronic poverty: being badly off for many years, because of low human capital or other long-run factors? Or is the moral claim of the impoverished person a …
Corrective Justice And Liability For Global Warming, Matthew D. Adler
Corrective Justice And Liability For Global Warming, Matthew D. Adler
Faculty Scholarship
No abstract provided.
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat
Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat
Faculty Scholarship
This article describes principles of effective academic writing - offered not as edicts, but as guidelines - for legal scholars in particular. The overall focus is style, but the discussion begins with observations of format. These are followed by a few stylistic principles that govern clear and effective writing. None of these principles is a revelation to the student of method or to the accomplished writer. But for the academic writer less focused on or less familiar with such principles, being aware of and practicing them can clear the fog from syntax, illuminate the writer's thesis and its development, and …