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Articles 1 - 30 of 86
Full-Text Articles in Law
Reconstructing Climate Policy: The Paths Ahead, Jonathan B. Wiener, Richard B. Stewart
Reconstructing Climate Policy: The Paths Ahead, Jonathan B. Wiener, Richard B. Stewart
Faculty Scholarship
No abstract provided.
Sovereign Piracy, Mitu Gulati, Kenneth N. Klee
Sovereign Piracy, Mitu Gulati, Kenneth N. Klee
Faculty Scholarship
No abstract provided.
The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.
The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder
Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
Further Thoughts, Erwin Chemerinsky
Codifying Anti-Avoidance Doctrines And Controlling Corporate Tax Shelters, Lawrence A. Zelenak
Codifying Anti-Avoidance Doctrines And Controlling Corporate Tax Shelters, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
What Law Students Think They Know About Elite Law Firms: Preliminary Results Of A Survey Of Third Year Law Students, Mitu Gulati, David B. Wilkins
What Law Students Think They Know About Elite Law Firms: Preliminary Results Of A Survey Of Third Year Law Students, Mitu Gulati, David B. Wilkins
Faculty Scholarship
No abstract provided.
Privatizing “Outsider Trading”, Kimberly D. Krawiec
Privatizing “Outsider Trading”, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
Health Care Fraud And Abuse: A Tale Of Behavior Induced By Payment Structure, Arti K. Rai
Health Care Fraud And Abuse: A Tale Of Behavior Induced By Payment Structure, Arti K. Rai
Faculty Scholarship
The campaign to curtail "fraud and abuse" in the Medicare and Medicaid programs represents an attempt by regulators to evade more fundamental and difficult questions regarding cost and quality control. In the Medicare arena, tackling these larger questions will require dismantling the program's fee-for-service structure and imposing on providers financial incentives to evaluate carefully health care costs and benefits. Commentary on, David A. Hyman, Health Care Fraud and Abuse: Market Change, Social Norms and the Trust "Reposed in Workmen," 30 Journal of Legal Studies 531 (2001)
Introduction To Symposium On Rampart Police Scandal: Policing The Criminal Justice System, Catherine Fisk, David W. Burcham
Introduction To Symposium On Rampart Police Scandal: Policing The Criminal Justice System, Catherine Fisk, David W. Burcham
Faculty Scholarship
No abstract provided.
Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller
Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
Punitive Damages By Juries In Florida: In Terrorem And In Reality, Neil Vidmar, Mary R. Rose
Punitive Damages By Juries In Florida: In Terrorem And In Reality, Neil Vidmar, Mary R. Rose
Faculty Scholarship
In recent years there have been numerous proposals for punitive damage reform. Proponents of such reform have often asserted that punitive damages are both common and exorbitant. In this Article, Professor Vidmar and Dr. Rose examine the validity of these and other empirical claims about punitive damages. They do so by studying punitive damage awards reported in the Florida Jury Verdict Reporter. Ultimately, they conclude that there is no empirical support for the claims made by proponents of tort refrom in Florida.
Protecting Natural Capital Through Ecosystem Service Districts, James Salzman, Geoffrey Heal, Gretchen C. Daily, Paul R. Ehrlich, Carol Boggs, Jessica Hellmann, Jennifer Hughes, Claire Kremen, Taylor Ricketts
Protecting Natural Capital Through Ecosystem Service Districts, James Salzman, Geoffrey Heal, Gretchen C. Daily, Paul R. Ehrlich, Carol Boggs, Jessica Hellmann, Jennifer Hughes, Claire Kremen, Taylor Ricketts
Faculty Scholarship
No abstract provided.
Working Knowledge: Trade Secrets, Restrictive Covenants In Employment, And The Rise Of Corporate Intellectual Property , 1800-1920, Catherine Fisk
Working Knowledge: Trade Secrets, Restrictive Covenants In Employment, And The Rise Of Corporate Intellectual Property , 1800-1920, Catherine Fisk
Faculty Scholarship
No abstract provided.
Jury Room Ruminations On Forbidden Topics, Neil Vidmar, Shari S. Diamond
Jury Room Ruminations On Forbidden Topics, Neil Vidmar, Shari S. Diamond
Faculty Scholarship
No abstract provided.
Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer
Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.
The Electoral College, The Right To Vote, And Our Federalism: A Comment On A Lasting Institution, Luis Fuentes-Rohwer, Guy-Uriel Charles
The Electoral College, The Right To Vote, And Our Federalism: A Comment On A Lasting Institution, Luis Fuentes-Rohwer, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
When Can A State Be Sued?, William W. Van Alstyne
When Can A State Be Sued?, William W. Van Alstyne
Faculty Scholarship
In her Popular Government article "When You Can't Sue the State: State Sovereign Immunity" (Summer 2000), Anita R. Brown-Graham described a series of recent decisions in which a sharply divided U.S. Supreme Court barred individuals from suing states for money damages for certain violations of federal law, such as laws prohibiting discrimination against employees because of their age. In the response that follows, William Van Alstyne argues that this barrier to relief is neither unduly imposing nor novel. The debate over the significance of these decisions is likely to continue. In February 2001, in another case decided by a five-to-four …
Risk, Death And Time: A Comment On Judge Williams’ Defense Of Cost-Benefit Analysis, Matthew D. Adler
Risk, Death And Time: A Comment On Judge Williams’ Defense Of Cost-Benefit Analysis, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Expression And Appearance: A Comment On Hellman, Matthew D. Adler
Expression And Appearance: A Comment On Hellman, Matthew D. Adler
Faculty Scholarship
Response to, Deborah Hellman, Judging by Appearances: Professional Ethics, Expressive Government, and the Moral Significance of How Things Seem, 60 Maryland Law Review 653 (2001).
Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar
Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Groundwater Ecosystems And The Service Of Water Purification, James Salzman, Janet S. Herman, David C. Culver
Groundwater Ecosystems And The Service Of Water Purification, James Salzman, Janet S. Herman, David C. Culver
Faculty Scholarship
No abstract provided.
Against Sovereign Immunity, Erwin Chemerinsky
Against Sovereign Immunity, Erwin Chemerinsky
Faculty Scholarship
In recent years, the Supreme Court has substantially expanded the scope of state sovereign immunity. These decisions provide an important occasion for a reconsideration of the entire doctrine of sovereign immunity. This article argues that sovereign immunity is an anachronistic concept, derived from long discredited royal prerogatives, and that it is inconsistent with basic principles of the American legal system. Sovereign immunity is justified neither by history nor, more importantly, by functional considerations. Sovereign immunity is inconsistent with fundamental constitutional requirements such as the supremacy of the Constitution and due process of law. This article concludes that sovereign immunity, for …
The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell
The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell
Faculty Scholarship
'Bush v. Gore' was decided a year ago. As expected, it evoked a flood of journalistic and academic commentary. The present authors write to express dissatisfaction with the resulting literature. They find it in general to be dominated by the usual political discourse conducted from opposite ends of the usual political spectrum, with both ends sharing an assumption that the Supreme Court was animated in its decision by the usual political motives that it has become conventional to see in the actions of that institution. Left almost completely out of view have been the more personal selfish motives of the …
A Square Peg In A Round Hole? The 2000 Limitation On The Scope Of Federal Civil Discovery, Thomas D. Rowe Jr.
A Square Peg In A Round Hole? The 2000 Limitation On The Scope Of Federal Civil Discovery, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Overcoming Democracy: Richard Posner And Bush V. Gore, H. Jefferson Powell
Overcoming Democracy: Richard Posner And Bush V. Gore, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Executive Order 13,141 And The Environmental Review Of Trade Agreements, James Salzman
Executive Order 13,141 And The Environmental Review Of Trade Agreements, James Salzman
Faculty Scholarship
No abstract provided.
Wetland Value Indicators For Scoring Mitigation Trades, James Salzman, Lisa A. Wainger, Dennis King, James Boyd
Wetland Value Indicators For Scoring Mitigation Trades, James Salzman, Lisa A. Wainger, Dennis King, James Boyd
Faculty Scholarship
No abstract provided.
Culture, Cloaked In Mens Rea, Doriane Lambelet Coleman
Culture, Cloaked In Mens Rea, Doriane Lambelet Coleman
Faculty Scholarship
No abstract provided.
The Costs Of International Human Rights Litigation, Curtis A. Bradley
The Costs Of International Human Rights Litigation, Curtis A. Bradley
Faculty Scholarship
No abstract provided.