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Full-Text Articles in Law

Suspended Sentences And Free-Standing Probation Orders In U.S. Guidelines Systems: A Survey And Assessment, Richard Frase Jan 2019

Suspended Sentences And Free-Standing Probation Orders In U.S. Guidelines Systems: A Survey And Assessment, Richard Frase

Articles

No abstract provided.


The Chevronization Of Auer, Kristin Hickman, Mark R. Thomson Jan 2019

The Chevronization Of Auer, Kristin Hickman, Mark R. Thomson

Articles

No abstract provided.


Public Utilities And Transportation Electrification, Alexandra Klass Jan 2019

Public Utilities And Transportation Electrification, Alexandra Klass

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No abstract provided.


Shareholder Democracy And Special Interest Governance, John Matheson, Vilena Nicolet Jan 2019

Shareholder Democracy And Special Interest Governance, John Matheson, Vilena Nicolet

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No abstract provided.


The Duty Of Data Security, William Mcgeveran Jan 2019

The Duty Of Data Security, William Mcgeveran

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No abstract provided.


Human Rights Conditions: What We Know And Why It Matters, David Weissbrodt, Patrick Finnegan Jan 2019

Human Rights Conditions: What We Know And Why It Matters, David Weissbrodt, Patrick Finnegan

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No abstract provided.


Discrimination By Design?, June Carbone, Naomi Cahn, Nancy Levit Jan 2019

Discrimination By Design?, June Carbone, Naomi Cahn, Nancy Levit

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No abstract provided.


Ameliorating The Federal Trial Penalty Through A Systematic Judicial “Second Look” Procedure, Janeanne Murray Jan 2019

Ameliorating The Federal Trial Penalty Through A Systematic Judicial “Second Look” Procedure, Janeanne Murray

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No abstract provided.


Gender And The Tournament: Reinventing Antidiscrimination Law In An Age Of Inequality, June Carbone, Nancy Levit, Naomi Cahn Jan 2018

Gender And The Tournament: Reinventing Antidiscrimination Law In An Age Of Inequality, June Carbone, Nancy Levit, Naomi Cahn

Articles

No abstract provided.


Patent Damages Heuristics, Tom Cotter Jan 2018

Patent Damages Heuristics, Tom Cotter

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No abstract provided.


A Consumer’S Guide To Sentencing Reform: Reflections On Zimring’S Cautionary Tale, Richard Frase Jan 2018

A Consumer’S Guide To Sentencing Reform: Reflections On Zimring’S Cautionary Tale, Richard Frase

Articles

No abstract provided.


Symbolism And Separation Of Powers In Agency Design, Kristin Hickman Jan 2018

Symbolism And Separation Of Powers In Agency Design, Kristin Hickman

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No abstract provided.


Cheap Sentiment, Claire Hill Jan 2018

Cheap Sentiment, Claire Hill

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No abstract provided.


An Identity Theory Of The Short- And Long-Term Investor Debate, Claire Hill Jan 2018

An Identity Theory Of The Short- And Long-Term Investor Debate, Claire Hill

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No abstract provided.


Public Employee Speech And Magarian’S Dynamic Diversity, Heidi Kitrosser Jan 2018

Public Employee Speech And Magarian’S Dynamic Diversity, Heidi Kitrosser

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No abstract provided.


Judicial Elections In The 2010s, Herbert M. Kritzer Jan 2018

Judicial Elections In The 2010s, Herbert M. Kritzer

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No abstract provided.


Managing Terrorism, Fionnuala Ní Aoláin, Colm Campbell Jan 2018

Managing Terrorism, Fionnuala Ní Aoláin, Colm Campbell

Articles

No abstract provided.


The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil Jan 2018

The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil

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No abstract provided.


How Is Competition Policy Coping With Atlantic Area Airline Markets?, Daniel Gifford, Robert T. Kudrle Jan 2018

How Is Competition Policy Coping With Atlantic Area Airline Markets?, Daniel Gifford, Robert T. Kudrle

Articles

No abstract provided.


A New Historical Jurisprudence?, Brian Bix Jan 2018

A New Historical Jurisprudence?, Brian Bix

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No abstract provided.


Frontiers Of Sex Discrimination Law, Jessica Clarke Jan 2017

Frontiers Of Sex Discrimination Law, Jessica Clarke

Articles

A short time ago, the argument that sex discrimination includes discrimination on the basis of sexual orientation was considered a risky litigation tactic with little hope of success. One reason was the fear that extending sex discrimination law so far would upset all sex classifications, even those on restroom doors. But the landscape has shifted. The EEOC now takes the position that sex discrimination includes all forms of discrimination based on sexual orientation and gender identity. Administrative agencies interpret federal law to require that workers and students be allowed to use restrooms consistent with their gender identities. Some federal courts ...


The Death Of The Firm, June Carbone, Nancy Levit Jan 2017

The Death Of The Firm, June Carbone, Nancy Levit

Articles

This Article maintains that the decision in Burwell v. Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the “death of the firm” as a unit of legal analysis in which business entities are treated as more than the sum of their parts and appropriate partners to advance not just commercial, but public ends. The Hobby Lobby reference to the firm as a fiction is a product of a decades-long shift in the treatment of corporations. This shift reflects both an ideological embrace of the free-market-oriented “agency-cost ...


Free Speech, Higher Education, And The Pc Narrative, Heidi Kitrosser Jan 2017

Free Speech, Higher Education, And The Pc Narrative, Heidi Kitrosser

Articles

No abstract provided.


Coverage Information In Insurance Law, Daniel Schwarcz Jan 2017

Coverage Information In Insurance Law, Daniel Schwarcz

Articles

The central goal of insurance law is to clarify, produce, and disseminate information about the scope of insurers’ coverage obligations to policyholders. This Article examines how insurance law and regulation seek to achieve these objectives, and to what ends. To do so, it distinguishes among three different types of coverage information: (i) purchaser information, or coverage information that is communicated to policyholders at any time during the purchasing process; (ii) policy information, or coverage information that is contained within the four corners of the insurance policy; and (iii) judicial information, or coverage information that is ascertainable only after researching judicial ...


The Value Of The Standard, Tom Cotter, Norman Siebrasse Jan 2017

The Value Of The Standard, Tom Cotter, Norman Siebrasse

Articles

Standard-setting organizations (SSOs) often require member firms to license their standard-essential patents (SEPs) on undefined “fair, reasonable, and nondiscriminatory” (FRAND) terms. Courts and commentators in turn have proposed various principles for calculating FRAND royalties, among them that the royalty should not reflect “the value of the standard.” As we show, however, this principle could be understood to mean any or all of three distinct concepts, namely that the royalty should not reflect the implementer’s sunk costs; that the patentee should not be able to extract any of the value resulting from network effects; or that the royalty should be ...


U.S. Airlines And Antitrust: The Struggle For Defensible Policy Towards A Unique Industry, Daniel Gifford, Robert T. Kudrle Jan 2017

U.S. Airlines And Antitrust: The Struggle For Defensible Policy Towards A Unique Industry, Daniel Gifford, Robert T. Kudrle

Articles

No abstract provided.


Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett Mcdonnell Jan 2017

Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett Mcdonnell

Articles

This paper explores corporate governance challenges that will arise as benefit corporations, and social enterprise more generally, go public. Balancing accountability of managers with a firm commitment to both doing good and making money may prove particularly difficult in the context of firms with shares traded on public markets. This paper looks at early experiments in both public markets and individual companies. It considers various corporate governance mechanisms that may help social enterprises credibly commit to their dual missions. These mechanisms include disclosure, fiduciary duty, board representation, voting, and corporate gatekeepers. Exchanges specifically for social enterprises may play a useful ...


Implementing Proportionality, Perry Moriearty Jan 2017

Implementing Proportionality, Perry Moriearty

Articles

Over the last fourteen years, the Supreme Court has issued five decisions that impose substantive constraints on our harshest punishments -- forbidding the execution of those with “mental retardation” in Atkins v. Virginia, of juveniles in Roper v. Simmons, and of those convicted of child sexual assault in Kennedy v. Louisiana, and forbidding the sentence of life without parole for juveniles who had not killed in Graham v. Florida and for all juveniles when it is imposed mandatorily in Miller v. Alabama. Because the offenders in question were categorically less culpable, the proscribed punishment was disproportionately severe, the Court held. In ...


Employee Handbooks And Policy Statements: From Gratuities To Contracts And Back Again, Stephen Befort Jan 2017

Employee Handbooks And Policy Statements: From Gratuities To Contracts And Back Again, Stephen Befort

Articles

No abstract provided.


Moore’S Potential, June Carbone, Naomi Cahn Jan 2017

Moore’S Potential, June Carbone, Naomi Cahn

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No abstract provided.