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Full-Text Articles in Law
A Baby-Step To Global Labor Reform: Corporate Codes Of Conduct And The Child, Frederick B. Jonassen
A Baby-Step To Global Labor Reform: Corporate Codes Of Conduct And The Child, Frederick B. Jonassen
Minnesota Journal of International Law
No abstract provided.
Bullying In The Workplace: Lessons From The United Kingdom, Susan Harthill
Bullying In The Workplace: Lessons From The United Kingdom, Susan Harthill
Minnesota Journal of International Law
No abstract provided.
China's New Anti-Monopoly Law: Addressing Foreign Competitors And Commentators, Richard Student
China's New Anti-Monopoly Law: Addressing Foreign Competitors And Commentators, Richard Student
Minnesota Journal of International Law
No abstract provided.
A Problem Of Remedy: Responding To Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin Hickman
A Problem Of Remedy: Responding To Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin Hickman
Articles
In earlier work, I found that more than 40% of Treasury regulations studied are susceptible to legal challenge for their failure to satisfy Administrative Procedure Act rulemaking requirements. Given this finding, why is it that taxpayers rarely raise such claims? The article explores this question and focuses particularly on statutory and doctrinal limitations on pre-enforcement judicial review in the tax context and their role in further limiting post-enforcement challenges. Although the article proposes ways in which the courts could relax the limitations on pre-enforcement judicial review in tax cases, the article also acknowledges that the courts are unlikely to change …
Lawmakers As Norms Entrepreneurs, Emanuela Carbonara, Francesco Parisi, Georg Von Wangenheim
Lawmakers As Norms Entrepreneurs, Emanuela Carbonara, Francesco Parisi, Georg Von Wangenheim
Articles
No abstract provided.
Learning From The Limitations Of Deterrence Research, Michael Tonry
Learning From The Limitations Of Deterrence Research, Michael Tonry
Articles
No abstract provided.
The Malign Effects Of Drug And Crime Control Policies On Black Americans, Michael Tonry, Matthew Melewski
The Malign Effects Of Drug And Crime Control Policies On Black Americans, Michael Tonry, Matthew Melewski
Articles
No abstract provided.
Across Curricular Boundaries: Searching For A Confluence Between Marital Agreements And Indian Land Transactions, Judith T. Younger
Across Curricular Boundaries: Searching For A Confluence Between Marital Agreements And Indian Land Transactions, Judith T. Younger
Articles
No abstract provided.
The Frontier Of Eminent Domain, Alexandra Klass
The Frontier Of Eminent Domain, Alexandra Klass
Articles
The Supreme Court's 2005 decision in Kelo v. City of New London brought the issues of takings and public use into the national spotlight. A groundswell of opposition to government-initiated 'economic development takings' the Court deemed a public use under the Fifth Amendment led to eminent domain reform legislation in over 30 states. Many people are surprised to learn, however, that another type of economic development taking is alive and well in many western states that are rich in natural resources. In those states, oil, gas, and mining companies have the power of eminent domain under state constitutions or state …
Rethinking Trademark Fair Use, William Mcgeveran
Rethinking Trademark Fair Use, William Mcgeveran
Articles
The ever-expanding scope and strength of trademark rights has caused justifiable fears of a threat to free expression. Until now, however, concerned scholars generally focused on perfecting the substance of legal rules that balance free speech against other goals. This effort is misplaced because most cases raising these issues in recent years ended in judicial decisions that favored speech. The real danger arises from the procedural structure of trademark law's various fair use doctrines, which generate excessive ambiguity and prolong litigation before ever reaching such positive outcomes. Resulting administrative costs discourage speakers from using trademarks expressively in the first place, …
The Hidden Bias Of The Vienna Convention, Vincy Fon, Francesco Parisi
The Hidden Bias Of The Vienna Convention, Vincy Fon, Francesco Parisi
Articles
No abstract provided.
Wipo-Wto Relations And The Future Of Global Intellectual Property Norms, Ruth Okediji
Wipo-Wto Relations And The Future Of Global Intellectual Property Norms, Ruth Okediji
Articles
The intense scholarly debate about the effects of harmonized global intellectual property (IP) rules under the TRIPS Agreement has yet to consider what role an appropriate organizational framework should play in facilitating development of IP norms to address new global challenges. The prevailing assumption has been that the norm-setting role of the World Intellectual Property Organization (WIPO) will remain unchanged despite the primacy of the TRIPS Agreement and the explicit mandate of the WTO for global IP regulation. Indeed, with respect to the supply of public goods, only the WTO - not WIPO - has the formal legal mandate to …
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard Frase
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard Frase
Articles
No abstract provided.
Privatizing Labor Law: Neutrality/Card Check Agreements And The Role Of The Arbitrator, Laura Cooper
Privatizing Labor Law: Neutrality/Card Check Agreements And The Role Of The Arbitrator, Laura Cooper
Articles
No abstract provided.
Takings And Trespass: Trespass Liability For Precondemnation Entries, Ann Burkhart
Takings And Trespass: Trespass Liability For Precondemnation Entries, Ann Burkhart
Articles
When the government, a utility company, or another entity with the power of eminent domain enters land before acquiring it, the courts are extremely divided about whether the landowner can sue for trespass or only for inverse condemnation. A court's decision on this issue has tremendous practical implications. For example, it substantially affects the remedies that are available to the landowner, including its right to recover the property. The court's decision also has significant public policy implications because it involves the balance between government sovereignty over land and protection of private property rights. eminent domain, takings, inverse condemnation, trespass, government …
Why Tolerate Religion?, Brian Leiter
Really Cool Stuff: Digital Searches Into The Constitutional Period, Calvin H. Johnson
Really Cool Stuff: Digital Searches Into The Constitutional Period, Calvin H. Johnson
Constitutional Commentary
No abstract provided.
Terror Conflated? Book Review Of: Terror In The Balance: Security, Liberty, And The Courts. By Eric A. Posner & Adrian Vermeule, Fionnuala Nií AolaíIn
Terror Conflated? Book Review Of: Terror In The Balance: Security, Liberty, And The Courts. By Eric A. Posner & Adrian Vermeule, Fionnuala Nií AolaíIn
Constitutional Commentary
Book review: Terror in the Balance: Security, Liberty, and the Courts. By Eric A. Posner & Adrian Vermeule. New York, Oxford University Press. 2007. Pp. 328. Reviewed by: Fionnuala Ni Aolaíin
Indeterminacy And The Establishment Clause, Frederick Mark Gedicks
Indeterminacy And The Establishment Clause, Frederick Mark Gedicks
Constitutional Commentary
No abstract provided.
Was Bush V. Gore A Human Rights Case?, Gerald L. Neuman, Nicholas Hatzis
Was Bush V. Gore A Human Rights Case?, Gerald L. Neuman, Nicholas Hatzis
Constitutional Commentary
No abstract provided.
Expounding Constitutional Scholarship. Book Review Of: Expounding The Constitution: Essays In Constitutional Theory. Grant Huscroft, Ed., GreíGoire C. N. Webber
Expounding Constitutional Scholarship. Book Review Of: Expounding The Constitution: Essays In Constitutional Theory. Grant Huscroft, Ed., GreíGoire C. N. Webber
Constitutional Commentary
Book review: Expounding the Constitution: Essays in Constitutional Theory. Grant Huscroft, ed. New York, Cambridge University Press. 2008. Pp. ix + 319. Reviewed by: Greígoire C. N. Webber
Discrimination Between Religions: Some Thoughts On Reading Greenawalt's Religion And The Constitution: Establishment And Fairness, John Finnis
Constitutional Commentary
No abstract provided.
A Better Path For Constitutional Tort Law, John M. Greabe
A Better Path For Constitutional Tort Law, John M. Greabe
Constitutional Commentary
No abstract provided.
Judging Facts Like Law, John O. Mcginnis, Charles W. Mulaney
Judging Facts Like Law, John O. Mcginnis, Charles W. Mulaney
Constitutional Commentary
No abstract provided.
The Indivisible Constitution. Book Review Of: The Invisible Constitution. By Laurence H. Tribe, Kermit Iii Roosevelt
The Indivisible Constitution. Book Review Of: The Invisible Constitution. By Laurence H. Tribe, Kermit Iii Roosevelt
Constitutional Commentary
Book review: The Invisible Constitution. By Laurence H. Tribe. Oxford, Oxford University Press. 2008. Pp. 304. Reviewed by: Kermit Roosevelt III
Kent Greenawalt And The Difficulty (Impossibility?) Of Religion Clause Theory, Larry Alexander
Kent Greenawalt And The Difficulty (Impossibility?) Of Religion Clause Theory, Larry Alexander
Constitutional Commentary
No abstract provided.
What Would Justice Powell Do?: The 'Alien Children' Case And The Meaning Of Equal Protection, Linda Greenhouse
What Would Justice Powell Do?: The 'Alien Children' Case And The Meaning Of Equal Protection, Linda Greenhouse
Constitutional Commentary
No abstract provided.
The Obama Presidency And The Roberts Court: Some Hints From Political Science. Book Review Of: Political Foundations Of Judicial Supremacy: The Presidency, The Supreme Court And Constitutional Leadership In U.S. History. By Keith E. Whittington, Mark Tushner
Constitutional Commentary
Book review: Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court and Constitutional Leadership in U.S. History. By Keith E. Whittington. Princeton: Princeton University Press, 2007. Pp. xii + 303. Reviewed by: Mark Tushner
Eclecticism, Nelson Tebbe
The Philosopher's Brief, Paul Horwitz