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Full-Text Articles in Law
Self-Determination, Sovereignty, And The Failure Of States: Somaliland And The Case For Justified Secession, Aaron Kreuter
Self-Determination, Sovereignty, And The Failure Of States: Somaliland And The Case For Justified Secession, Aaron Kreuter
Minnesota Journal of International Law
No abstract provided.
No Sirve: The Invalidity Of Service Of Process Abroad By Mail Or Private Process Server On Parties In Mexico Under The Hague Service Convention, Charles B. Campbell
No Sirve: The Invalidity Of Service Of Process Abroad By Mail Or Private Process Server On Parties In Mexico Under The Hague Service Convention, Charles B. Campbell
Minnesota Journal of International Law
No abstract provided.
The Need For Enforcement Of U.S. Punitive Damages Awards By The European Union, Jessica J. Berch
The Need For Enforcement Of U.S. Punitive Damages Awards By The European Union, Jessica J. Berch
Minnesota Journal of International Law
No abstract provided.
The Stop Tax Haven Abuse Act: A Unilateral Solution To A Multilateral Problem, Anthony D. Todero
The Stop Tax Haven Abuse Act: A Unilateral Solution To A Multilateral Problem, Anthony D. Todero
Minnesota Journal of International Law
No abstract provided.
The Social, Psychological, And Political Causes Of Racial Disparities In The American Criminal Justice System, Michael Tonry
The Social, Psychological, And Political Causes Of Racial Disparities In The American Criminal Justice System, Michael Tonry
Articles
No abstract provided.
Custody Investigations In Divorce-Custody Litigation, Robert Levy
Custody Investigations In Divorce-Custody Litigation, Robert Levy
Articles
Divorce custody litigation has been a social success. Despite the continuing complaints of participants-judges, lawyers, social and behavioral experts, the parents-the vast majority of couples who want to terminate their marriages and allocate control and responsibility for their children have been able to accomplish their goals relatively efficiently. And, if the law and government actors have not been terribly successful or efficient in resolving parental custody disputes that the parents' lawyers have not been able to settle, it has not been for lack of trying. Custody litigation is difficult, emotional, and unrewarding, for all participants (even financially, lawyers claim, because …
It Came From Beneath The Twilight Zone: Wiretapping And Article Ii Imperialism, Heidi Kitrosser
It Came From Beneath The Twilight Zone: Wiretapping And Article Ii Imperialism, Heidi Kitrosser
Articles
This Article was written for the 2010 Texas Law Review Symposium: National Security, Privacy, and Technological Change. Using the example of federal government wiretapping, the Article examines “exclusivist” invocations of evolving U.S. history. Exclusivity is the view that the President has a constitutional power to circumvent statutory restrictions that interfere with his judgment as to how best to protect national security. In addition to arguing from text, structure, and founding era history, exclusivists sometimes invoke post-founding, or evolving history to defend their position. In the case of the Bush Administration’s warrantless wiretapping program, for example, the administration and its supporters …
Graham's Good News--And Not, Richard Frase
Insurance Demand Anomalies And Regulation, Daniel Schwarcz
Insurance Demand Anomalies And Regulation, Daniel Schwarcz
Articles
No abstract provided.
Regulating Insurance Sales Or Selling Insurance Regulation?: Against Regulatory Competition In Insurance, Daniel Schwarcz
Regulating Insurance Sales Or Selling Insurance Regulation?: Against Regulatory Competition In Insurance, Daniel Schwarcz
Articles
In both corporate and banking law, firms are empowered to select from a limited menu of options the regulatory regimes that will govern them. Two recent proposals would reform the regulation of property, casualty and life insurance markets by empowering insurers to make similar choices among multiple regulators. This Article argues that such regulatory competition is undesirable. Insurers operating in such a regime would tend to choose the least intrusive regulators, irrespective of whether doing so benefited consumers, third-parties, or even the collective interests of insurers themselves. The resulting decrease in regulatory scrutiny would, in fact, harm insurance markets and …
Regulating Consumer Demand In Insurance Markets, Daniel Schwarcz
Regulating Consumer Demand In Insurance Markets, Daniel Schwarcz
Articles
In recent years, it has become increasingly clear that Expected Utility Theory (EUT) is a remarkably poor theory of how and why individuals purchase insurance. However, the normative implications of this conclusion have remained largely unexplored. This Article takes up this issue. It argues that many observed deviations from EUT are likely the result of mistakes, in the sense that consumers would act differently than they do if they possessed perfect information and cognitive resources. From this perspective, regulatory interventions designed to improve consumer decision-making about insurance are potentially desirable. At the same time, the Article argues that some deviations …
The Efficiency Of Comparative Causation, Francesco Parisi, Ram Singh
The Efficiency Of Comparative Causation, Francesco Parisi, Ram Singh
Articles
Comparative causation is the only tort regime that allows parties to share an accident loss in equilibrium. The sharing of an accident loss between a nonnegligent injurer and his nonnegligent victim spreads activity level and R&D incentives between prospective tortfeasors and their victims. This is an effect that is never observed under the other negligence and strict liability based regimes. In spite of these interesting attributes, the existing literature left open the question as to whether loss sharing was able to maintain optimal care incentives for both parties. In this paper, we address this unresolved issue in the literature, considering …
Patent Remedies And Practical Reason, Tom Cotter
Justification Norms Under Uncertainty: A Preliminary Inquiry, Claire Hill
Justification Norms Under Uncertainty: A Preliminary Inquiry, Claire Hill
Articles
People making decisions under uncertainty may need to justify those decisions to their reputational community. This Essay considers when and how the potential need to justify might lead a decision-maker to employ a methodology better suited to yielding a justifiable choice that may not be the best choice. When a decision involves uncertainty, the possible outcomes and probabilities are not known. A broad consensus about a methodology that produces a good decision often may not exist. But norms will often arise as to acceptable methodologies - that is, methodologies that will be accepted as justifiable if justification is needed. The …
The Process Of Balancing, Oren Gross
Pre-Employment Screening And Investigation: Navigating Between A Rock And A Hard Place, Stephen F. Befort
Pre-Employment Screening And Investigation: Navigating Between A Rock And A Hard Place, Stephen F. Befort
Articles
No abstract provided.
Supremely Opaque: Accountability, Transparency, And Presidential Supremacy, Heidi Kitrosser
Supremely Opaque: Accountability, Transparency, And Presidential Supremacy, Heidi Kitrosser
Articles
No abstract provided.
The Moral Responsibilities Of Investment Bankers, Richard W. Painter
The Moral Responsibilities Of Investment Bankers, Richard W. Painter
Articles
This paper, presented as the annual law review lecture at the University of St. Thomas Law School, explores the moral obligations of investment bankers in light of the 2008 financial crisis. Topics such as disclosure to investors, the safety and soundness of investment banks, excessive risk taking, responsible use of derivative instruments, and banks’ responsibility to the community and to the financial system as a whole are discussed as issues of personal responsibility for investment bankers rather than only as subject matter for regulation directed at banking institutions. The particular perspective discussed in depth is grounded in Christian social teaching …
The Right To Counsel In Juvenile Court: Law Reform To Deliver Legal Services And Reduce Justice By Geography, Barry Feld, Shelly Schaefer
The Right To Counsel In Juvenile Court: Law Reform To Deliver Legal Services And Reduce Justice By Geography, Barry Feld, Shelly Schaefer
Articles
No abstract provided.
The Role Of The Human Rights Committee In Interpreting And Developing Humanitarian Law, David Weissbrodt
The Role Of The Human Rights Committee In Interpreting And Developing Humanitarian Law, David Weissbrodt
Articles
No abstract provided.
The Trademark Fair Use Reform Act, William Mcgeveran
The Trademark Fair Use Reform Act, William Mcgeveran
Articles
Sweeping assertions of exclusive trademark rights in brand names and images have a pernicious chilling effect on free expression, including fictional portrayals, commentary, political speech, parody, and comparative advertising. Some disputes lead to lawsuits. More often, speakers capitulate to litigation threats, even when the substance of the legal claims they face is very weak. As demonstrated in the author’s previous work, existing trademark “fair use” doctrines are not simple defenses that end suits quickly and cheaply, and many defendants cannot bear the resulting costs of protracted litigation.Observers have proposed a variety of improvements to trademark fair use, but this Article …
What Cognitive Psychologists Should Find Interesting About Tax, Claire Hill
What Cognitive Psychologists Should Find Interesting About Tax, Claire Hill
Articles
No abstract provided.
State Secrets And Executive Accountability, Christina E. Wells
State Secrets And Executive Accountability, Christina E. Wells
Constitutional Commentary
No abstract provided.
The Supreme Court's Declining Plenary Docket: A Membership-Based Explanation, David R. Stras
The Supreme Court's Declining Plenary Docket: A Membership-Based Explanation, David R. Stras
Constitutional Commentary
No abstract provided.
Racheting Back: International Law As A Constraint On Executive Power, Deborah N. Pearlstein
Racheting Back: International Law As A Constraint On Executive Power, Deborah N. Pearlstein
Constitutional Commentary
No abstract provided.
National Security And The Article Ii Shell Game, Heidi Kitrosser
National Security And The Article Ii Shell Game, Heidi Kitrosser
Constitutional Commentary
No abstract provided.
Constructing The Constitutional Canon: The Metonymic Evolution Of Federalist 10, Ian Bartrum
Constructing The Constitutional Canon: The Metonymic Evolution Of Federalist 10, Ian Bartrum
Constitutional Commentary
No abstract provided.
Specifying Constitutional Rights, John Oberdiek
Specifying Constitutional Rights, John Oberdiek
Constitutional Commentary
No abstract provided.
"A New Era Of Openness?": Disclosing Intelligence To Congress Under Obama, Kathleen Clark
"A New Era Of Openness?": Disclosing Intelligence To Congress Under Obama, Kathleen Clark
Constitutional Commentary
No abstract provided.
Constructing A New American Constitution, Keith E. Whittington
Constructing A New American Constitution, Keith E. Whittington
Constitutional Commentary
No abstract provided.