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Articles 1 - 30 of 736
Full-Text Articles in Law
Occupational Licensing And The Limits Of Public Choice Theory, Ryan Nunn, Gabriel Scheffler
Occupational Licensing And The Limits Of Public Choice Theory, Ryan Nunn, Gabriel Scheffler
Articles
No abstract provided.
When Ais Outperform Doctors: Confronting The Challenges Of A Tort-Induced Over-Reliance On Machine Learning, A. Michael Froomkin, Ian Kerr, Joelle Pineau
When Ais Outperform Doctors: Confronting The Challenges Of A Tort-Induced Over-Reliance On Machine Learning, A. Michael Froomkin, Ian Kerr, Joelle Pineau
Articles
Someday, perhaps soon, diagnostics generated by machine learning (ML) will have demonstrably better success rates than those generated by human doctors. What will the dominance of ML diagnostics mean for medical malpractice law, for the future of medical service provision, for the demand for certain kinds of doctors, and in the long run for the quality of medical diagnostics itself?
This Article argues that once ML diagnosticians, such as those based on neural networks, are shown to be superior, existing medical malpractice law will require superior ML-generated medical diagnostics as the standard of care in clinical settings. Further, unless implemented ...
The Casualty Of Investor Protection In Times Of Economic Crisis, Kathleen Claussen
The Casualty Of Investor Protection In Times Of Economic Crisis, Kathleen Claussen
Articles
No abstract provided.
Christian Legislative Prayers And Christian Nationalism, Caroline Mala Corbin
Christian Legislative Prayers And Christian Nationalism, Caroline Mala Corbin
Articles
No abstract provided.
Beyond Bitcoin: Leveraging Blockchain To Benefit Business And Society, Rachel Epstein, Marcia Narine Weldon
Beyond Bitcoin: Leveraging Blockchain To Benefit Business And Society, Rachel Epstein, Marcia Narine Weldon
Articles
No abstract provided.
Building By Right: Social Equity Implications Of Transitioning To Form-Based Code, Daniela A. Tagtachian, Natalie N. Barefoot, Adrienne L. Harreveld
Building By Right: Social Equity Implications Of Transitioning To Form-Based Code, Daniela A. Tagtachian, Natalie N. Barefoot, Adrienne L. Harreveld
Articles
No abstract provided.
The Uncertain Path Of Class Action Law, Sergio J. Campos
The Uncertain Path Of Class Action Law, Sergio J. Campos
Articles
For the past ten terms the Supreme Court has increased its focus on the law of class actions. In doing so, the Court has revised the law to better accord with a view of the class action as an exception to an idealized picture of litigation. This "exceptional" view of the class action has had a profound impact not only on class action law, but on procedural and substantive law in general. However, in the October 2015 term the Court decided three class action cases that support an alternative, 'functional" view of the class action, one that does not view ...
Black, Poor, And Gone: Civil Rights Law’S Inner-City Crisis, Anthony V. Alfieri
Black, Poor, And Gone: Civil Rights Law’S Inner-City Crisis, Anthony V. Alfieri
Articles
In recent years, academics committed to a new law and sociology of poverty and inequality have sounded a call to revisit the inner city as a site of cultural and socio-legal research. Both advocates in anti-poverty and civil rights organizations, and scholars in law school clinical and university social policy programs, have echoed this call. Together they have embraced the inner city as a context for experiential learning, qualitative research, and legal-political advocacy regarding concentrated poverty, neighborhood disadvantage, residential segregation, and mass incarceration. Indeed, for academics, advocates, and activists alike, the inner city stands out as a focal point of ...
Procompetitive Justifications In Antitrust Law, John M. Newman
Procompetitive Justifications In Antitrust Law, John M. Newman
Articles
The Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportunity to justify their conduct by demonstrating procompetitive effects. Seizing the opportunity, defendants have begun offering increasingly numerous and creative explanations for their behavior.
But which of these myriad justifications are valid? To leading jurists and scholars, this has remained an "open question," even an "absolute mystery." Examination of the relevant case law reveals multiple competing approaches and seemingly irreconcilable opinions. The ongoing lack of clarity in this area is inexcusable: procompetitive-justification analysis is vital to a properly functioning antitrust enterprise.
This Article provides answers ...
Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler
Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler
Articles
No abstract provided.
Private Standards And The Benzene Case: A Teaching Guide, Cary Coglianese, Gabriel Scheffler
Private Standards And The Benzene Case: A Teaching Guide, Cary Coglianese, Gabriel Scheffler
Articles
No abstract provided.
Honor Code 2018-2019, University Of Miami School Of Law
Honor Code 2018-2019, University Of Miami School Of Law
Student Handbook
No abstract provided.
Student Handbook 2018-2019, University Of Miami School Of Law
Student Handbook 2018-2019, University Of Miami School Of Law
Student Handbook
No abstract provided.
Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring
Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring
Articles
This Article uses internal memoranda and emails to describe the efforts of the California Department of Mental Health to suppress a serious and well-designed study that showed just 6.5% of untreated sexually violent predators were arrested for a new sex crime within 4.8 years of release from a locked mental facility. The Article begins by historically situating sexually violent predator laws and then explains the constitutionally critical role that prospective sexual dangerousness plays in justifying these laws. The Article next explains how the U.S. Supreme Court and the highest state courts have allowed these laws to exist ...
Regulating By Example, Susan C. Morse, Leigh Osofsky
Regulating By Example, Susan C. Morse, Leigh Osofsky
Articles
Agency regulations are full of examples. Regulated parties and their advisors parse the examples to develop an understanding of the applicable law and to determine how to conduct their affairs. However, the theoretical literature contains no study of regulatory examples or of how they might be interpreted. Courts differ about whether examples serve as an independent source of law. There is uncertainty about the proper role of this frequently used regulatory tool.
In this Article, we argue that regulatory examples make law. Our claim is that, as a default rule, the legal content offered by regulatory examples is coequal with ...
The Central Claiming Renaissance, Andres Sawicki
The Central Claiming Renaissance, Andres Sawicki
Articles
The Supreme Court has recently reinvigorated the law of patentable subject matter. But beneath the headlines proclaiming the return of limits to patent eligibility, a more profound shift has taken place: central claiming is reborn.
The Court's eligibility cases are significant outliers compared to today's run-of-the-mill patent law because claim language plays little role in their analyses. In our modern peripheral claiming system, the claim language is the near exclusive guide to the patent's boundaries. But in its earliest days, our patent system pursued a central claiming approach, in which the inventor's actual work determined the ...
Uncovering Through Discovery (Book Review), Sergio J. Campos
Uncovering Through Discovery (Book Review), Sergio J. Campos
Articles
No abstract provided.
The Other Trade War, Kathleen Claussen
Franchise Regulation For The Fissured Economy, Andrew Elmore
Franchise Regulation For The Fissured Economy, Andrew Elmore
Articles
No abstract provided.
What's Next: Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
What's Next: Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
Articles
No abstract provided.
Beyond Norms: Using International Economic Tools To Deter Malicious State-Sponsored Cyber Activities, Kathleen Claussen
Beyond Norms: Using International Economic Tools To Deter Malicious State-Sponsored Cyber Activities, Kathleen Claussen
Articles
In thinking about strategy and doctrine for cyberspace, one cannot ignore either the cyber domain's interaction with other domains or the applicability of existing legal tools to address cyberspace issues. This Comment focuses on the latter and argues that any discussion regarding deterrence and a playbook for consequences for cyber incidents by state actors ought necessarily to include a careful examination of existing plays, particularly where those incidents have an economic component as many do. Focusing on multilateral institutions, regional and bilateral trade and investment agreements, and unilateral tariff and non-tariff trade and investment tools, this Comment maintains that ...
Modularity In Cross-Border Insolvency, Andrew B. Dawson
Modularity In Cross-Border Insolvency, Andrew B. Dawson
Articles
No abstract provided.
The Rugged Individual's Guide To The Fourth Amendment: How The Court's Idealized Citizen Shapes, Influences, And Excludes The Exercise Of Constitutional Rights, Scott E. Sundby
Articles
Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen
Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag. Or who can help but feel humbled by the courage of Rosa Parks, a seamstress, who was willing to be arrested rather than sit in the back of the bus?
But while these stories of everyday individuals ...
Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri
Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri
Articles
No abstract provided.
From The Editors, Anthony E. Varona, Camille A. Nelson
The Myth Of Free, John M. Newman
The Myth Of Free, John M. Newman
Articles
Myths matter. This Article is the first to confront a powerful myth that pervades modern economic, technological, and legal discourse: the Myth of Free. The prevailing view is that consumers capture massive welfare surplus from a flood of innovative new products that are offered free of charge. Economists, legal scholars, and industry stakeholders created an origin story-a myth-to explain how these products became "Free."
But that orthodox origin story is fatally flawed. This Article formalizes, then debunks, the Myth of Free and its underlying assumptions. The Myth is riddled with internal inconsistencies, logical errors, and factual. inaccuracies. In their place ...
Justice Beyond Dispute, Mary Anne Franks
The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack
The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack
Articles
No abstract provided.
The Runaway Judge: John Grisham’S Appearance In Judicial Opinions, Nicholas Mignanelli
The Runaway Judge: John Grisham’S Appearance In Judicial Opinions, Nicholas Mignanelli
Articles
No abstract provided.
The New Separability, Lili Levi
The New Separability, Lili Levi
Articles
In Star Athletica v. Varsity Brands, the Supreme Court recently unveiled a new approach to separability. Because copyright law protects expression, not function, aesthetic features of useful articles are eligible for copyright protection only if they are separable from the functional work in which they are incorporated. But the Copyright Actdoes not define separability, and Star Athletica is the latest judicial effort to try to fill that void. Unfortunately, the new separability is open to a wide range of critiques. Relatively low-hanging fruit are the vagueness and indeterminacy of the new test, the Court's unsatisfactory attempts to avoid defining ...