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Articles 3691 - 3720 of 4797
Full-Text Articles in Law
A Conversation Among Deans, Katharine T. Bartlett, Edward Rubin, W. H. Knight
A Conversation Among Deans, Katharine T. Bartlett, Edward Rubin, W. H. Knight
Faculty Scholarship
On March 10, 2006, the Harvard Journal of Law & Gender, Harvard Civil Rights-Civil Liberties Law Review, and Harvard Law Review co-sponsored a conference, "Results: Legal Education, Institutional Change, and a Decade of Gender Studies," to address the number of student experience studies that detail women's lower performance in and dissatisfaction with law school. Rather than advocate for a particular set of responses to the different experiences of men and women in legal education , this conference sought to foster a discussion about the institutional challenges these patterns highlight. As a means of accomplishing this end, law school deans from …
Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley
Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Parsing The Commander In Chief Power: Three Distinctions, Curtis A. Bradley
Parsing The Commander In Chief Power: Three Distinctions, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Assumptions Of Federalism, Erwin Chemerinsky
The Assumptions Of Federalism, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Mediation Of The Snake River Basin Adjudication, Francis Mcgovern
Mediation Of The Snake River Basin Adjudication, Francis Mcgovern
Faculty Scholarship
No abstract provided.
The American Transformation Of Waste Doctrine: A Pluralist Interpretation, Jedediah Purdy
The American Transformation Of Waste Doctrine: A Pluralist Interpretation, Jedediah Purdy
Faculty Scholarship
No abstract provided.
The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy
The New Biopolitics: Autonomy, Demography, And Nationhood, Jedediah Purdy
Faculty Scholarship
In India and China, a population gap has opened between young men and women. There are now about 100 million more men than women in those countries and a few of their neighbors. Many of the "missing women" either were never born because of sex-selective abortion or died in childhood because families devote more medical and other resources to boys. "Missing women" mean men who will never marry. Socially unintegrated young men are associated with a variety of social pathologies; most importantly, they are the prime recruitment targets of nationalist and fundamentalist political groups. Conservative and reactionaries have always argued …
Kelo’S Moral Failure, Laura S. Underkuffler
The Just And The Wild, Laura S. Underkuffler
The Just And The Wild, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
“Judicial Hellholes:” Medical Malpractice Claims, Verdicts, And The “Doctor Exodus” In Illinois, Neil Vidmar, Kara Mackillop
“Judicial Hellholes:” Medical Malpractice Claims, Verdicts, And The “Doctor Exodus” In Illinois, Neil Vidmar, Kara Mackillop
Faculty Scholarship
No abstract provided.
Case Comment, Sanchez-Llamas V. Oregon, Curtis A. Bradley
Case Comment, Sanchez-Llamas V. Oregon, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett
The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett
Faculty Scholarship
No abstract provided.
Precaution Against Terrorism, Jonathan B. Wiener, Jessica Stern
Precaution Against Terrorism, Jonathan B. Wiener, Jessica Stern
Faculty Scholarship
Stunned by the terrorist attacks of September 11, 2001, the Bush administration adopted a new National Security Strategy in September 2002. The UK government took a similar stance. This new strategy calls for anticipatory attacks against potential enemies with uncertain capacities and intentions, even before their threat is imminent. Rather than wait for evidence of weapons of mass destruction, it shifts the burden of proof, obliging ‘‘rogue’’ states to show that they do not harbor weapons of mass destruction or terrorist cells, or else face the possibility of attack. This new strategy amounts to the adoption of the Precautionary Principle …
Grand Visions In An Age Of Conflict, H. Jefferson Powell
Grand Visions In An Age Of Conflict, H. Jefferson Powell
Faculty Scholarship
Last spring Professor Laurence H. Tribe commented that federal constitutional law is in a state of intellectual disarray: "[I]n area after area, we find ourselves at a fork in the road--a point at which it's fair to say things could go in any. of several directions" and we have "little common ground from which to build agreement." No doubt fortuitously, two of our most formidable constitutional scholars, Akhil R. Amar and Jed Rubenfeld, have recently published systematic studies that implicitly challenge Tribe's conclusion that "ours [is] a peculiarly bad time to be going out on a limb to propound a …
A Response To Professor Sander: Is It Really All About The Grades?, James E. Coleman Jr., Mitu Gulati
A Response To Professor Sander: Is It Really All About The Grades?, James E. Coleman Jr., Mitu Gulati
Faculty Scholarship
Response to Richard Sander, The Racial Paradox of the Corporate Law Firm, 84 North Carolina Law Review 1755 (2006)
Crossing Judge Parker’S Luten Bridge: Partisan Politics, Economic Visions, And Government Reform In Retrospect And Prospect, Peter G. Fish
Crossing Judge Parker’S Luten Bridge: Partisan Politics, Economic Visions, And Government Reform In Retrospect And Prospect, Peter G. Fish
Faculty Scholarship
Commentary on, Barak D. Richman, Jordi Weinstock & jason Mehta, A Bridge, a Tax Revolt, and the Struggle to Industrialize: The Story and Legacy of 'Rockingham County v. Luten Bridge Co.', 84 North Carolina Law Review 1841-1912 (2006)
An Empirical Study Of Securities Disclosure Practice, Mitu Gulati, Stephen J. Choi
An Empirical Study Of Securities Disclosure Practice, Mitu Gulati, Stephen J. Choi
Faculty Scholarship
Using a dataset of sovereign bond offering documents and underlying bond contracts for ten sovereign issuers from 1985-2005, we examine the securities disclosure practices of issuers and attorneys. The sovereign bond market is comprised of sophisticated issuers with highly paid law firms. If anyone complies fully with federal securities disclosure requirements, we expect sovereign issuers and their attorneys to do so. On the other hand, network effects that determine what information issuers chose to disclose as well as the high cost of determining what information is required for disclosure may lead issuers to fail to meet their disclosure duties. We …
The Rat Race As An Information Forcing Device, Mitu Gulati, Scott Baker, Stephen J. Choi
The Rat Race As An Information Forcing Device, Mitu Gulati, Scott Baker, Stephen J. Choi
Faculty Scholarship
In many job settings, there will be some promotion criteria that are less amenable to measurement than others. Often, what is difficult to measure is more important. For example, possessing "good judgment" under pressure may be a better predictor of success as a law firm partner than the ability to bill a vast amount of hours. The first puzzle that this essay explores is why, in some promotion settings, organizations appear to focus on less important, but measurable, criteria such as hours billed. The answer lies in the relationship between the objectively measurable criteria on the one hand, and the …
Brown Ii: A Case Of Missed Opportunity?, Trina Jones
Brown Ii: A Case Of Missed Opportunity?, Trina Jones
Faculty Scholarship
No abstract provided.
Enforcing The Gnu Gpl, Sapna Kumar
For Lash: Who Asks The Right Questions, H. Jefferson Powell
For Lash: Who Asks The Right Questions, H. Jefferson Powell
Faculty Scholarship
A Tribute to Lewis H. LaRue
Selling The Name On The Schoolhouse Gate : The First Amendment And The Sale Of Public School Naming Rights, Joseph Blocher
Selling The Name On The Schoolhouse Gate : The First Amendment And The Sale Of Public School Naming Rights, Joseph Blocher
Faculty Scholarship
No abstract provided.
Not Fully Committed? Reservations, Risk And Treaty Design, Laurence R. Helfer
Not Fully Committed? Reservations, Risk And Treaty Design, Laurence R. Helfer
Faculty Scholarship
This Essay responds to Reserving, a forthcoming Article by Professor Edward T. Swaine to be published in the Yale Journal of International Law. The Essay first reviews the Article's explanation of the complex and often counterintuitive rules that govern the filing of unilateral reservations to multilateral treaties. It then offers three modest additions to Professor Swaine's insightful contribution to the growing body of interdisciplinary scholarship on treaty design. First, the Essay applies Swaine's theory of state interests and information to a dynamic model that takes account of temporal issues such as when states file reservations and how treaty commitments change …
Women In The Workplace: Which Women, Which Agenda?, Michael Selmi, Naomi R. Cahn
Women In The Workplace: Which Women, Which Agenda?, Michael Selmi, Naomi R. Cahn
GW Law Faculty Publications & Other Works
Much of the work family literature that has blossomed over the last decade has focused on professional women and has emphasized policy changes that would be of less utility to many other working women and men. In this symposium contribution, we explore the recent data on working time to demonstrate that in today's economy more women are underemployed rather than overemployed. We also demonstrate that although professional women tend to work the longest hours, they also tend to have the greatest means, both in income and workplace benefits, to support them in achieving a workable balance between their work and …
Conditions For Judicial Independence, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast
Conditions For Judicial Independence, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast
Faculty Scholarship
No abstract provided.
Courts, Congress, And Public Policy, Part Ii: The Impact Of The Reapportionment Revolution On Congress And State Legislatures, Jeffrey R. Lax, Mathew D. Mccubbins
Courts, Congress, And Public Policy, Part Ii: The Impact Of The Reapportionment Revolution On Congress And State Legislatures, Jeffrey R. Lax, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Agenda Control In The Bundestag, 1980-2002, William M. Chandler, Gary W. Cox, Mathew D. Mccubbins
Agenda Control In The Bundestag, 1980-2002, William M. Chandler, Gary W. Cox, Mathew D. Mccubbins
Faculty Scholarship
We find strong evidence of monopoly legislative agenda control by government parties in the Bundestag. First, the government parties have near-zero roll rates, while the opposition parties are often rolled over half the time. Second, only opposition parties’ (and not government parties’) roll rates increase with the distances of each party from the floor median. Third, almost all policy moves are towards the government coalition (the only exceptions occur during periods of divided government). Fourth, roll rates for government parties sky- rocket when they fall into the opposition and roll rates for opposition parties plummet when they enter government, while …
Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr.
Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Unwarranted Conclusions Drawn From Vincent V. Lake Erie Transportation Co. Concerning The Defense Of Necessity, George C. Christie
The Unwarranted Conclusions Drawn From Vincent V. Lake Erie Transportation Co. Concerning The Defense Of Necessity, George C. Christie
Faculty Scholarship
No abstract provided.
The Blaming Function Of Entity Criminal Liability, Samuel W. Buell
The Blaming Function Of Entity Criminal Liability, Samuel W. Buell
Faculty Scholarship
Application of the doctrine of entity criminal liability, which had only a thin tort-like rationale at inception, now sometimes instantiates a social practice of blaming institutions. Examining that social practice can ameliorate persistent controversy over entity liability's place in the criminal law. An organization's role in its agent's bad act is often evaluated with a moral slant characteristic of judgments of criminality and with inquiry into whether the institution qua institution contributed to the agent's wrong. Legal process, by lending clarity and authority, enhances the communicative impact, in the form of reputational effects, of blaming an institution for a wrong. …