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Full-Text Articles in Law

Civil Servant Disobedience, Jennifer Nou May 2019

Civil Servant Disobedience, Jennifer Nou

Journal Articles

No abstract provided.


Statutory Interpretation, Administrative Deference, And The Law Of Stare Decisis, Randy J. Kozel May 2019

Statutory Interpretation, Administrative Deference, And The Law Of Stare Decisis, Randy J. Kozel

Journal Articles

This Article examines three facets of the relationship between statutory interpretation and the law of stare decisis: judicial interpretation, administrative interpretation, and interpretive methodology. In analyzing these issues, I emphasize the role of stare decisis in pursuing balance between past and present. That role admits of no distinction between statutory and constitutional decisions, calling into question the practice of giving superstrong deference to judicial interpretations of statutes. The pursuit of balance also suggests that one Supreme Court cannot bind future Justices to a wide-ranging interpretive methodology. As for rules requiring deference to administrative interpretations of statutes and regulations, they are ...


Why Didn't The Common Law Follow The Flag?, Christian Burset May 2019

Why Didn't The Common Law Follow The Flag?, Christian Burset

Journal Articles

This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British ...


Patents, Property, And Prospectivity, Jonathan Masur, Adam Mortara Apr 2019

Patents, Property, And Prospectivity, Jonathan Masur, Adam Mortara

Journal Articles

No abstract provided.


Assessing The Empirical Upside Of Personalized Criminal Procedure, Matthew B. Kugler, Lior Strahilevitz Apr 2019

Assessing The Empirical Upside Of Personalized Criminal Procedure, Matthew B. Kugler, Lior Strahilevitz

Journal Articles

No abstract provided.


The Living Constitution And Moral Progress: A Comment On Professor Young’S Boden Lecture, David A. Strauss Apr 2019

The Living Constitution And Moral Progress: A Comment On Professor Young’S Boden Lecture, David A. Strauss

Journal Articles

No abstract provided.


Disparate Impact, Unified Law, Nicholas Stephanopoulos Apr 2019

Disparate Impact, Unified Law, Nicholas Stephanopoulos

Journal Articles

No abstract provided.


Grounding Originalism, William Baude, Stephen E. Sachs Apr 2019

Grounding Originalism, William Baude, Stephen E. Sachs

Journal Articles

No abstract provided.


Norming In Administrative Law, Jonathan Masur, Eric A. Posner Apr 2019

Norming In Administrative Law, Jonathan Masur, Eric A. Posner

Journal Articles

No abstract provided.


Not Such A Fixed Star After All: West Virginia State Board Of Education V. Barnette, And The Changing Meaning Of The First Amendment Right Not To Speak, Genevieve Lakier Apr 2019

Not Such A Fixed Star After All: West Virginia State Board Of Education V. Barnette, And The Changing Meaning Of The First Amendment Right Not To Speak, Genevieve Lakier

Journal Articles

No abstract provided.


Regulatory Bundling, Jennifer Nou, Jed Stiglitz Mar 2019

Regulatory Bundling, Jennifer Nou, Jed Stiglitz

Journal Articles

No abstract provided.


A Framework For The New Personalization Of Law, Anthony Casey, Anthony Niblett Mar 2019

A Framework For The New Personalization Of Law, Anthony Casey, Anthony Niblett

Journal Articles

No abstract provided.


From Catalonia To California: Secession In Constitutional Law, Tom Ginsburg, Mila Versteeg Mar 2019

From Catalonia To California: Secession In Constitutional Law, Tom Ginsburg, Mila Versteeg

Journal Articles

No abstract provided.


Racial Equity In Algorithmic Criminal Justice, Aziz Huq Mar 2019

Racial Equity In Algorithmic Criminal Justice, Aziz Huq

Journal Articles

No abstract provided.


Segregation By Citizenship, Emma Kaufman Mar 2019

Segregation By Citizenship, Emma Kaufman

Journal Articles

No abstract provided.


The Bp Mdl And Its Aftermath: Whither Opa's Displacement Jurisprudence?, John Costonis Feb 2019

The Bp Mdl And Its Aftermath: Whither Opa's Displacement Jurisprudence?, John Costonis

Journal Articles

No abstract provided.


Constitutional Liquidation, William Baude Feb 2019

Constitutional Liquidation, William Baude

Journal Articles

No abstract provided.


The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Kamin, David Gamage, Ari Glowgower, Rebecca Kysar, Darien Shanske Feb 2019

The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Kamin, David Gamage, Ari Glowgower, Rebecca Kysar, Darien Shanske

Journal Articles

No abstract provided.


18 U.S.C. § 3553(A)'S Undervalued Sentencing Command: Providing A Federal Criminal Defendant With Rehabilitation, Training, And Treatment In"“The Most Effective Manner", Erica Zunkel Jan 2019

18 U.S.C. § 3553(A)'S Undervalued Sentencing Command: Providing A Federal Criminal Defendant With Rehabilitation, Training, And Treatment In"“The Most Effective Manner", Erica Zunkel

Journal Articles

No abstract provided.


Innovation Policy Pluralism, Daniel Hemel, Lisa Larrimore Ouellette Jan 2019

Innovation Policy Pluralism, Daniel Hemel, Lisa Larrimore Ouellette

Journal Articles

No abstract provided.


Neuromarks, Mark Bartholomew Jan 2019

Neuromarks, Mark Bartholomew

Journal Articles

This Article predicts trademark law’s impending neural turn. A growing legal literature debates the proper role of neuroscientific evidence. Yet outside of criminal law, analysis of neuroscientific evidence in the courtroom has been lacking. This is a mistake given that most of the applied research into brain function focuses on building better brands, not studies of criminal defendants’ grey matter. Judges have long searched for a way to measure advertising’s psychological hold over consumers. Advertisers already use brain imaging to analyze a trademark’s ability to stimulate consumer attention, emotion, and memory. In the near future, businesses will ...


Why Police Should Protect Complainant Autonomy, Randall K. Johnson Jan 2019

Why Police Should Protect Complainant Autonomy, Randall K. Johnson

Journal Articles

This Article describes a simple way to limit the high cost of police misconduct, which is informed by background principles from U.S. civil procedure. It does so by calling for the Chicago Police Department (CPD) to better protect the complainant autonomy of injured citizens under the scaled-down process that is used to resolve certain legal claims against officers. Complainant autonomy is an injured citizen’s right to control how its claims are drafted and framed, even over the objection of a nominal plaintiff, regardless of whether such a right to do so is clearly established or not.


Deaning Redux -- Walking It Back, Thomas C. Galligan Jr. Jan 2019

Deaning Redux -- Walking It Back, Thomas C. Galligan Jr.

Journal Articles

An interview with Thomas C. Galligan, dean of Louisiana State University Paul M. Hebert Law Center, is presented. Among the issues he discussed include the reason behind his decision to seek and accept a deanship after spending 10 years as a college president, his teaching experience, and how he prepared to becoming a law school dean again.


Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia Jan 2019

Remarks On Prosecutorial Discretion And Immigration, Shoba Wadhia

Journal Articles

No abstract provided.


The Puzzle Of Inciting Suicide, Guyora Binder, Luis E. Chiesa Jan 2019

The Puzzle Of Inciting Suicide, Guyora Binder, Luis E. Chiesa

Journal Articles

In 2017, a Massachusetts court convicted Michelle Carter of manslaughter for encouraging the suicide of Conrad Roy by text message, but imposed a sentence of only 15 months. The conviction was unprecedented in imposing homicide liability for verbal encouragement of apparently voluntary suicide. Yet if Carter killed, her purpose that Roy die arguably merited liability for murder and a much longer sentence. This Article argues that our ambivalence about whether and how much to punish Carter reflects suicide’s dual character as both a harm to be prevented and a choice to be respected. As such, the Carter case requires ...


Fourth Amendment Gloss, Aziz Huq Jan 2019

Fourth Amendment Gloss, Aziz Huq

Journal Articles

No abstract provided.


Imagining An Antisubordinating First Amendment, Genevieve Lakier Jan 2019

Imagining An Antisubordinating First Amendment, Genevieve Lakier

Journal Articles

No abstract provided.


The Quantum Of Suspicion Needed For An Exigent Circumstances Search, Kit Kinports Jan 2019

The Quantum Of Suspicion Needed For An Exigent Circumstances Search, Kit Kinports

Journal Articles

For decades, the United States Supreme Court opinions articulating the standard of exigency necessary to trigger the exigent circumstances exception to the Fourth Amendment's warrant requirement have been maddeningly opaque and confusing. Some cases require probable cause, others call for reasonable suspicion, and still others use undefined and unhelpful terms such as "reasonable to believe" in describing how exigent the situation must be to permit the police to proceed without a warrant. Nor surprisingly, the conflicting signals coming from the Supreme Court have led to disagreement in the lower courts.

To resolve this conflict and provide guidance to law ...


The Constitutionalization Of Fatherhood, Dara Purvis Jan 2019

The Constitutionalization Of Fatherhood, Dara Purvis

Journal Articles

Beginning in the 1970s, the Supreme Court heard a series of challenges to family law statutes brought by unwed biological fathers, questioning the constitutionality of laws that treated unwed fathers differently than unwed mothers. The Court’s opinions created a starkly different constitutional status for unwed fathers than for unwed mothers, demanding additional actions and relationships before an unwed father was considered a constitutional father. Although state parentage statutes have progressed beyond their 1970s incarnations, the doctrine created in those family law cases continues to have impact far beyond family law. Transmission of citizenship in the context of immigration law ...


Living On Coral Time: Debating Conservation In The Anthropocene, Irus Braverman Jan 2019

Living On Coral Time: Debating Conservation In The Anthropocene, Irus Braverman

Journal Articles

No abstract provided.