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Articles 1 - 30 of 88
Full-Text Articles in Law
Principled Standard Setting Requires Consideration Of More Than Science (Aei-Brookings Joint Center For Regulatory Studies, Brief 00-02) Brief Amicus Curiae In Support Of Respondents, Browner V. American Trucking Associations, Inc., No. 99-1257, (U.S. September 11, 2000)(With 20 Law Professors, Economists, And Scientists), Jonathan B. Wiener, Cary Coglianese, Gary Marchant
Principled Standard Setting Requires Consideration Of More Than Science (Aei-Brookings Joint Center For Regulatory Studies, Brief 00-02) Brief Amicus Curiae In Support Of Respondents, Browner V. American Trucking Associations, Inc., No. 99-1257, (U.S. September 11, 2000)(With 20 Law Professors, Economists, And Scientists), Jonathan B. Wiener, Cary Coglianese, Gary Marchant
Faculty Scholarship
Summary of Argument: Throughout this proceeding, EPA has identified no policy or normative criteria to justify its NAAQS standards, thus suggesting that science alone can be used to determine the appropriate air quality standard. Science plays a critical, indeed essential, role in evaluating the risks of possible air quality standards being considered for adoption by EPA. However, science by itself cannot provide the justification for selecting a particular air quality standard. Especially in setting standards for non-threshold pollutants, such as in this case, scientific evidence cannot alone indicate where the standard should be set, since any level above zero will …
The Paradox Of Free Market Democracy: Rethinking Development Policy, Amy L. Chua
The Paradox Of Free Market Democracy: Rethinking Development Policy, Amy L. Chua
Faculty Scholarship
No abstract provided.
Building The Basic Course Around Intra-Firm Relations, Kimberly D. Krawiec
Building The Basic Course Around Intra-Firm Relations, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
‘Chevron’ Deference And Foreign Affairs, Curtis A. Bradley
‘Chevron’ Deference And Foreign Affairs, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Litigators’ Ethics, Michael E. Tigar
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Beyond Efficiency And Procedure: A Welfarist Theory Of Regulation, Matthew D. Adler
Beyond Efficiency And Procedure: A Welfarist Theory Of Regulation, Matthew D. Adler
Faculty Scholarship
Normative scholarship about regulation has been dominated by two types of theories, which I term "Neoclassical" and "Proceduralist." A Neoclassical theory has the following features: it adopts a simple preference-based view of well-being, and it counts Kaldor-Hicks efficiency as one of the basic normative criteria relevant to the evaluation of regulatory programs. A Proceduralist theory is concerned, not solely with the quality of regulatory outcomes, but also with the governmental procedures that produce these outcomes: it gives intrinsic significance to the procedures that regulatory bodies follow. (One example of a Proceduralist theory is the civic republican theory of regulation advanced …
Personal Rights And Rule Dependence: Can The Two Co-Exist?, Matthew D. Adler
Personal Rights And Rule Dependence: Can The Two Co-Exist?, Matthew D. Adler
Faculty Scholarship
Constitutional doctrine is typically "rule-dependent." Typically, a constitutional litigant will not prevail unless she can show that a particular kind of legal rule is in force, e.g., a rule that discriminates against "suspect classes" in violation of the Equal Protection Clause, or that targets speech in violation of the First Amendment, or that is motivated by a religious purpose in violation of the Establishment Clause. Further, the litigant must typically establish a violation of her "personal rights." The Supreme Court has consistently stated that a reviewing court should not invalidate an unconstitutional governmental action at the instance of a claimant …
Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky
Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Content Neutrality As A Central Problem Of Freedom Of Speech: Problems In The Supreme Court’S Application, Erwin Chemerinsky
Content Neutrality As A Central Problem Of Freedom Of Speech: Problems In The Supreme Court’S Application, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Fluid Relationships In Transitional Times: A Comment On Employees And Corporate Governance, Deborah A. Demott
Fluid Relationships In Transitional Times: A Comment On Employees And Corporate Governance, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman
Faculty Scholarship
No abstract provided.
Third Way Environmentalism, Christopher H. Schroeder
Third Way Environmentalism, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
Connected Contracts, Mitu Gulati, William A. Klein, Eric M. Zolt
Connected Contracts, Mitu Gulati, William A. Klein, Eric M. Zolt
Faculty Scholarship
This Article proposes the metaphor of connected contracts for understanding collaborative economic activity. "Connected contracts" refers to the interrelating agreements and relationships among the participants in a business venture. From the perspective offered by this metaphor, there are no firms, no predetermined hierarchies, no organizations with personalities of their own, and no a priori notions of ownership or control; there is no shareholder or managerial primacy and no centralizing "nexus." The view is from the bottom up rather than from the top down. Boundaries and governance are not central issues, nor do they loom in the background. There are no …
Lawyers Amid The Redemption Of The South, Paul D. Carrington
Lawyers Amid The Redemption Of The South, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Accounting For Greed: Unraveling The “Rogue Trader” Mystery, Kimberly D. Krawiec
Accounting For Greed: Unraveling The “Rogue Trader” Mystery, Kimberly D. Krawiec
Faculty Scholarship
In this article, I analyze the motivations underlying the actions of "rogue traders" - market professionals who engage in unauthorized purchases or sales of securities, commodities or derivatives, often for a financial institution's proprietary trading account - and the motivations of the managers or supervisors who are assigned to oversee such traders. After beginning with the observation that rogue trading incidents are neither new nor isolated events, I argue that the continued existence of pervasive rogue trading has remained a mystery for industry observers, particularly given both the extensive legal regime and formal institutional policies apparently designed to curb such …
Virtual Arbitration, Paul D. Carrington
World Music On A U.S. Stage: A Berne/Trips And Economic Analysis Of The Fairness In Music Licensing Act, Laurence R. Helfer
World Music On A U.S. Stage: A Berne/Trips And Economic Analysis Of The Fairness In Music Licensing Act, Laurence R. Helfer
Faculty Scholarship
This article analyzes the dispute settlement proceedings pending before the World Trade Organization (WTO) concerning the Fairness in Music License Act of 1998, a new provision of the US Copyright Act that exempts many bars, restaurants, and retail stores from paying license fees for performing broadcast music in their establishments. In May 1999, the European Community challenged the Act, and its predecessor "homestyle exemption," as a violation of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) and the Berne Convention for the Protection of Literary and Artistic Works (Berne). The FMLA dispute is the first time in …
Big Money In Texas Judicial Elections: The Sickness And Its Remedies, Paul D. Carrington
Big Money In Texas Judicial Elections: The Sickness And Its Remedies, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Some Key Jurisprudential Issues Of The Twenty-First Century, George C. Christie
Some Key Jurisprudential Issues Of The Twenty-First Century, George C. Christie
Faculty Scholarship
No abstract provided.
Redistricting In North Carolina-A Personal Perspective, Robinson O. Everett
Redistricting In North Carolina-A Personal Perspective, Robinson O. Everett
Faculty Scholarship
In 1992, when I filed a lawsuit attacking North Carolina's recently enacted congressional redistricting plan, my premise was that drawing a plan for a racially defined purpose violates equal protection and for this reason and others is unconstitutional. Having now argued four appeals before the Supreme Court concerning North Carolina's redistricting, I still believe in the correctness of my origial premise; but, in addition, I am concerned that districts drawn with a predominantly racial purpose tend to polarize our society, discourage the formation of multiracial coalitions, and, in the long run, to harm even those they are intended to protect. …
Addressing The Patent Gold Rush: The Role Of Deference To Pto Patent Denials, Arti K. Rai
Addressing The Patent Gold Rush: The Role Of Deference To Pto Patent Denials, Arti K. Rai
Faculty Scholarship
No abstract provided.
Of Green Tulips And Legal Kudzu: Repackaging Rights In Subpatentable Innovation, Jerome H. Reichman
Of Green Tulips And Legal Kudzu: Repackaging Rights In Subpatentable Innovation, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Juries And Expert Evidence, Neil Vidmar, Shari S. Diamond
Juries And Expert Evidence, Neil Vidmar, Shari S. Diamond
Faculty Scholarship
No abstract provided.
Affirmative Actions, William W. Van Alstyne
Affirmative Actions, William W. Van Alstyne
Faculty Scholarship
The purpose of this brief paper is to unravel several quite different understandings of "affirmative action" in our personal conduct toward one another, and in our laws.
Doing Something About Marriage Penalties: A Guide For The Perplexed, Lawrence A. Zelenak
Doing Something About Marriage Penalties: A Guide For The Perplexed, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington
Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Comparing The Scope Of The Federal Government’S Authority To Prosecute Federal Corruption And State And Local Corruption: Some Surprising Conclusions And A Proposal, Sara Sun Beale
Faculty Scholarship
No abstract provided.
The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr.
The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr.
Faculty Scholarship
The protection of civilians and their property in war is an accepted norm of international law - even where the putatively "noncombatant" populace openly supports the immoral use of force by its military. NATO's Kosovo operation suggests, however, that the imposition of hardship on the sentient, adult "noncombatant" population through property loss can erode a society's appetite for malevolence. While civilians should not be targeted, a new paradigm for noncombatancy that allows the destruction of certain property currently protected by international law but not absolutely indispensable to civilian survival may well help shorten conflict and effect necessary societal change.
Evolving Scientific Norms And Intellectual Property Rights: A Reply To Kieff, Arti K. Rai
Evolving Scientific Norms And Intellectual Property Rights: A Reply To Kieff, Arti K. Rai
Faculty Scholarship
No abstract provided.