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Articles 1 - 30 of 63
Full-Text Articles in Law
Markets, Democracy, And Ethnicity: Toward A New Paradigm For Law And Development, Amy L. Chua
Markets, Democracy, And Ethnicity: Toward A New Paradigm For Law And Development, Amy L. Chua
Faculty Scholarship
No abstract provided.
Managing The Iatrogenic Risks Of Risk Management, Jonathan B. Wiener
Managing The Iatrogenic Risks Of Risk Management, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
Erisa Preemption Of State And Local Laws On Domestic Partnership And Sexual Orientation Discrimination In Employment, Catherine Fisk
Erisa Preemption Of State And Local Laws On Domestic Partnership And Sexual Orientation Discrimination In Employment, Catherine Fisk
Faculty Scholarship
No abstract provided.
Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington
Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Regulating Dispute Resolution Provisions In Adhesion Contracts, Paul D. Carrington
Regulating Dispute Resolution Provisions In Adhesion Contracts, Paul D. Carrington
Faculty Scholarship
No abstract provided.
To The Bone: Race And White Privilege, Jerome M. Culp
To The Bone: Race And White Privilege, Jerome M. Culp
Faculty Scholarship
No abstract provided.
The Lawfulness Of Romer V. Evans, H. Jefferson Powell
The Lawfulness Of Romer V. Evans, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Balancing The Rights Of Privacy And The Press: A Reply To Professor Smolla, Erwin Chemerinsky
Balancing The Rights Of Privacy And The Press: A Reply To Professor Smolla, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris
Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris
Faculty Scholarship
No abstract provided.
Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington
Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Redefining A Profession, Richard A. Danner
Concretizing Human Rights, Laurence R. Helfer
Concretizing Human Rights, Laurence R. Helfer
Faculty Scholarship
reviewing Francisco Forest Martin et al., International Human Rights Law and Practice: Cases, Treaties and Materials (1997)
Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams
Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams
Faculty Scholarship
The United States Supreme Court validated the misappropriation theory in United States v. O'Hagan, but unfortunately rendered a confusing opinion that left many questions unresolved. In this article we discuss the history of the Supreme Court's Section 10(b) jurisprudence as it relates to insider trading, giving particular attention to the Court's insistence prior to O'Hagan that "a material misrepresentation or material failure to disclose," not merely a breach of fiduciary duty, must exist to impose liability under Section 10(b). We then discuss the pervasive inconsistencies among lower courts in interpreting the misappropriation theory, and how the O'Hagan decision does little …
The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer
The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer
Faculty Scholarship
In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department of Corrections …
Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman
Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein
Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein
Faculty Scholarship
No abstract provided.
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels
Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels
Faculty Scholarship
No abstract provided.
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Faculty Scholarship
Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.
In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against …
Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler
Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Law And Incommensurability: Introduction, Matthew D. Adler
Law And Incommensurability: Introduction, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Calling The Tune Or Following The Lead: The European Court Of Justice In European Policy Making, Rachel D. Brewster
Calling The Tune Or Following The Lead: The European Court Of Justice In European Policy Making, Rachel D. Brewster
Faculty Scholarship
No abstract provided.
Derivatives, Corporate Hedging, And Shareholder Wealth: Modigliani-Miller Forty Years Later, Kimberly D. Krawiec
Derivatives, Corporate Hedging, And Shareholder Wealth: Modigliani-Miller Forty Years Later, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Silence Is Not Golden: Protecting Lawyer Speech Under The First Amendment, Erwin Chemerinsky
Silence Is Not Golden: Protecting Lawyer Speech Under The First Amendment, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Jury Awards For Medical Malpractice And Post-Verdict Adjustments Of Those Awards, Neil Vidmar, Felicia Gross, Mary R. Rose
Jury Awards For Medical Malpractice And Post-Verdict Adjustments Of Those Awards, Neil Vidmar, Felicia Gross, Mary R. Rose
Faculty Scholarship
No abstract provided.
The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley
The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Treaty Power And American Federalism, Curtis A. Bradley
The Treaty Power And American Federalism, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Reconceiving The Tournament Of Lawyers: Tracking, Seeding, And Information Control In The International Labor Markets Of Elite Law Firms, Mitu Gulati, David B. Wilkins
Reconceiving The Tournament Of Lawyers: Tracking, Seeding, And Information Control In The International Labor Markets Of Elite Law Firms, Mitu Gulati, David B. Wilkins
Faculty Scholarship
No abstract provided.
The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley
The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley
Faculty Scholarship
No abstract provided.