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Articles 1 - 30 of 78
Full-Text Articles in Law
After Intersectionality, Robert S. Chang, Jerome Mccristal Culp Jr.
After Intersectionality, Robert S. Chang, Jerome Mccristal Culp Jr.
Faculty Scholarship
No abstract provided.
Terrorism, The Use Of Force And International Law After 11 September, Michael Byers
Terrorism, The Use Of Force And International Law After 11 September, Michael Byers
Faculty Scholarship
No abstract provided.
Abuse Of Rights: An Old Principle, A New Age, Michael Byers
Abuse Of Rights: An Old Principle, A New Age, Michael Byers
Faculty Scholarship
No abstract provided.
Comparing Precaution In The United States And Europe, Jonathan B. Wiener, Michael D. Rogers
Comparing Precaution In The United States And Europe, Jonathan B. Wiener, Michael D. Rogers
Faculty Scholarship
The regulation of health and environmental risks has generated transatlantic controversy concerning precaution and the precautionary principle (PP). Conventional wisdom sees the European Union endorsing the PP and proactively regulating uncertain risks, while the United States opposes the PP and waits for evidence of harm before regulating. Without favouring either approach, this paper critically analyses the conventional depiction of transatlantic divergence. First, it reviews several different versions of the PP and their different implications. Second, it broadens the transatlantic comparison of precaution beyond the typical focus on single-risk examples, such as genetically modified foods. Through case studies, including hormones in …
Selecting Pennsylvania Judges In The Twenty-First Century, Paul D. Carrington, Adam R. Long
Selecting Pennsylvania Judges In The Twenty-First Century, Paul D. Carrington, Adam R. Long
Faculty Scholarship
No abstract provided.
How Should We Think About Bush V. Gore?, Erwin Chemerinsky
How Should We Think About Bush V. Gore?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Whirlwind Tour Of The Internal Revenue Code’S At-Risk And Passive Activity Loss Rules, Lawrence A. Zelenak, Boris I. Bittker, Martin J. Mcmahon
Whirlwind Tour Of The Internal Revenue Code’S At-Risk And Passive Activity Loss Rules, Lawrence A. Zelenak, Boris I. Bittker, Martin J. Mcmahon
Faculty Scholarship
No abstract provided.
The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.
The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.
Faculty Scholarship
One of the central concerns about American policy making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal - is extensive, there is very little scholarship which examines how the interdependencies between institutions affects the strategies of groups. In this paper we examine in a formal theoretical model how the opportunity to litigate administrative rulemaking in the courts affects the lobbying strategies of competing interest groups at the rulemaking stage. Using a resource-based view of group activity, we develop a …
Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai
Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai
Faculty Scholarship
In the absence of a specialized patent trial court with expertise in fact-finding, the Court of Appeals for the Federal Circuit often reviews de novo the many factual questions that pervade patent law. De novo review of fact by an appellate court is problematic. In the area of patent law, as in other areas of law, there are sound institutional justifications for the conventional division of labor that gives trial courts primary responsibility for questions of law. This Article identifies the problems created by de novo appellate review of fact and argues for the creation of a specialized trial court …
The Process Of Managing Medical Malpractice Cases: The Role Of The Standard Of Care, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
The Process Of Managing Medical Malpractice Cases: The Role Of The Standard Of Care, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Faculty Scholarship
In medical malpractice litigation, how the standard of care is determined is of obvious importance, since failure by a defendant-physician to meet the relevant standard of care constitutes negligence. Any effort to reform how standard-of-care determinations are made should start with an understanding of the entire claims resolution process. The usual image--that of opposing experts testifying at trial--is both incomplete and misleading. Most cases are either settled by the parties or abandoned by the plaintiff, short of trial. We reviewed insurers' closed claims files, representing a sample of medical malpractice lawsuits filed in North Carolina between 1991 and 1995, as …
Reflections On The New Psychological Contract And The Ownership Of Human Capital, Catherine Fisk
Reflections On The New Psychological Contract And The Ownership Of Human Capital, Catherine Fisk
Faculty Scholarship
No abstract provided.
Lost In The Translation: What Environmental Regulation Does That Tort Cannot Duplicate, Christopher H. Schroeder
Lost In The Translation: What Environmental Regulation Does That Tort Cannot Duplicate, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
The Alien Tort Statute And Article Iii, Curtis A. Bradley
The Alien Tort Statute And Article Iii, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai
Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai
Faculty Scholarship
No abstract provided.
The Iraqi Quagmire: Enforcing The No-Fly Zones, Scott L. Silliman
The Iraqi Quagmire: Enforcing The No-Fly Zones, Scott L. Silliman
Faculty Scholarship
No abstract provided.
The Income Tax And The Costs Of Earning A Living, Lawrence A. Zelenak
The Income Tax And The Costs Of Earning A Living, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
The Democratic Dilemma Of The International Criminal Court, Madeline Morris
The Democratic Dilemma Of The International Criminal Court, Madeline Morris
Faculty Scholarship
No abstract provided.
Pharmacogenetic Interventions, Orphan Groups, And Distributive Justice: The Role Of Cost-Benefit Analysis, Arti K. Rai
Pharmacogenetic Interventions, Orphan Groups, And Distributive Justice: The Role Of Cost-Benefit Analysis, Arti K. Rai
Faculty Scholarship
No abstract provided.
Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington
Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Of Course Ideology Should Matter In Judicial Selection, Erwin Chemerinsky
Of Course Ideology Should Matter In Judicial Selection, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young
Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young
Faculty Scholarship
The European Union's ongoing "Convention on the Future of Europe" must tackle a fundamental issue of federalism: the balance between central authority and Member State autonomy. In this article, Ernest Young explores two strategies for protecting federalism in America - imposing substantive limits on central power and relying on political and procedural safeguards - and considers their prospects in Europe. American experience suggests that European attempts to limit central power by enumerating substantive "competencies" for Union institutions are unlikely to hold up, and that other substantive strategies such as the concept of "subsidiarity" tend to work best as political imperatives …
Income Distribution Dynamics With Endogenous Fertility, Daniel L. Chen, Michael Kremer
Income Distribution Dynamics With Endogenous Fertility, Daniel L. Chen, Michael Kremer
Faculty Scholarship
Developing countries with highly unequal income distributions, such as Brazil or South Africa, face an uphill battle in reducing inequality. Educated workers in these countries have a much lower birth rate than uneducated workers. Assuming children of educated workers are more likely to become educated, this fertility differential increaases the proportion of unskilled workers, reducing their wages, and thus their opportunity cost of having children, creating a vicious cycle. A model incorporating this effect generates multiple stedy-state levels of inequality, suggesting that in some circumstances, temporarily increasing access to educational opportunities could permanently reduce inequality. Empirical evidence suggests that the …
U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley
U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Preference, Presumption, Predisposition, And Common Sense: From Traditional Custody Doctrines To The American Law Institute’S Family Dissolution Project, Katharine T. Bartlett
Preference, Presumption, Predisposition, And Common Sense: From Traditional Custody Doctrines To The American Law Institute’S Family Dissolution Project, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Negotiations Goes To War, Charles J. Dunlap Jr., Paula B. Mccarron
Negotiations Goes To War, Charles J. Dunlap Jr., Paula B. Mccarron
Faculty Scholarship
No abstract provided.
When A Workers’ Cooperative Works: The Case Of Kerala Dinesh Beedi, Mitu Gulati, T. M. Thomas Isaac, William A. Klein
When A Workers’ Cooperative Works: The Case Of Kerala Dinesh Beedi, Mitu Gulati, T. M. Thomas Isaac, William A. Klein
Faculty Scholarship
The literature on worker cooperatives is dominated by explanations of why they do not work and why, accordingly, they are so rare. This article presents a case study of a large worker cooperative in South India that has worked well for a long time. This cooperative illustrates, among other things, that worker control and worker democracy are not necessarily inconsistent with the degree of hierarchy and delegation that may be essential to effective operation. The cooperative has been able to compete despite paying wages and benefits that are dramatically higher than those paid by its competitors, while at the same …
Private Ordering, Steven L. Schwarcz
Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles
Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles
Faculty Scholarship
Baker v. Carr is one of the Supreme Court's most important opinions, not least because its advent signaled the constitutionalization of democracy. Unfortunately, as is typical of the Court's numerous forays into democratic politics, the decision is not accompanied by an apparent vision of the relationship among democratic practice, constitutional law, and democratic theory. In this Article, Professor Charles revisits Baker and provides several democratic principles that he argues justifies the Court's decision to engage the democratic process. He examines the decision from the perspective of one of its chief contemporary critics, Justice Frankfurter. He sketches an approach, described as …
Book Review, Donald L. Horowitz
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.