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Full-Text Articles in Law
Extraterritorial Enforcement And Prosecutorial Discretion In The Fcpa: A Call For International Prosecutorial Factors, Emily Willborn
Extraterritorial Enforcement And Prosecutorial Discretion In The Fcpa: A Call For International Prosecutorial Factors, Emily Willborn
Minnesota Journal of International Law
No abstract provided.
Erie's Starting Points: The Potential Role Of Default Rules In Structuring Choice Of Law Analysis, Allan Erbsen
Erie's Starting Points: The Potential Role Of Default Rules In Structuring Choice Of Law Analysis, Allan Erbsen
Articles
This contribution to a symposium marking the seventy-fifth anniversary of Erie Railroad Company v. Tompkins is part of a larger project in which I seek to demystify a decision that has enchanted, entangled, and enervated commentators for decades. In prior work I contended that the “Erie doctrine” is a misleading label encompassing four distinct inquiries that address the creation, interpretation, and prioritization of federal law and the adoption of state law when federal law is inapplicable. This article builds from that premise to argue that courts pursuing Erie’s four inquiries would benefit from default rules that establish initial assumptions and …
What's "Different" (Enough) In Eighth Amendment Law?, Richard Frase
What's "Different" (Enough) In Eighth Amendment Law?, Richard Frase
Articles
In Miller v. Alabama1 and Jackson v. Hobbs2 the Supreme Court reaffirmed its conclusions in two earlier cases, Roper v. Simmons3 and Graham v. Florida,4 that “children are constitutionally different from adults for purposes of sentencing”5 in ways that justify greater Eighth Amendment protection from severe sentences. Miller and Jackson (hereafter referred to for most purposes as Miller) also reaffirmed the Court’s conclusion in Graham that, although “death is different” for purposes of Eighth Amendment law, some of the substantive and analytic principles previously applied only in death penalty cases can also be applied to the most severe prison sentence, …
Law And Reasons: Comments On Rodriguez-Blanco, Brian Bix
Law And Reasons: Comments On Rodriguez-Blanco, Brian Bix
Articles
Veronica Rodriguez-Blanco explora con minuciosidad en su detallado e importante artículo, “Reasons in Action v Triggering Reasons: A Reply to Enoch on Reason-Giving and Legal Normativity”, la naturaleza del otor- gamiento de razones, en aras de cuestionar el influyente trabajo reciente de David Enoch sobre el otorgamiento de razones y el derecho. Si bien el artículo de Rodriguez-Blanco constituye una importante contribución a la literatura en cuanto a la mejor comprensión del otorgamiento de razo- nes y la razón práctica, no está claro si el enfoque hacia las razones para la acción, reformado sobre la línea de lo que sugiere …
Litigation's Regulatory Pathways And The Administrative State: Lessons From U.S. And Australian Climate Change Governance, Hari Osofsky, Jacqueline Peel
Litigation's Regulatory Pathways And The Administrative State: Lessons From U.S. And Australian Climate Change Governance, Hari Osofsky, Jacqueline Peel
Articles
The administrative state struggles to address massive, complex problems such as ameliorating the financial crisis, preventing terrorism, or responding to climate change. These problems cut across levels of government — local, state, national, international — and substantive areas of law. Yet our governance structures, for the most part, are not designed to deal well with issues that involve multiple types of governance authority and institutions. A burgeoning literature by leading U.S. scholars describes this problem and proposes solutions. These analyses often include some case law, but their primary focus has been on the legislative and executive branches in the United …
Monitoring, Reporting, And Recalling Defective Financial Products, Daniel Schwarcz
Monitoring, Reporting, And Recalling Defective Financial Products, Daniel Schwarcz
Articles
In recent years, innovations in consumer financial protection have drawn heavily from the law governing the safety of tangible products. This short essay, prepared for a symposium entitled Frontiers of Consumer Protection, extends this approach by evaluating whether the law governing post-sale product safety for tangible consumer products offers potential lessons for consumer financial protection. In particular, it considers the extent to which the law could require providers of consumer financial products to affirmatively monitor, report or correct regulatory problems with their products that come to light after sale. Such post-sale self-policing by financial firms could offer benefits similar to …
Saving Small-Employer Health Insurance, Amy B. Monahan, Daniel Schwarcz
Saving Small-Employer Health Insurance, Amy B. Monahan, Daniel Schwarcz
Articles
No abstract provided.
Confusion Isn't Everything, William Mcgeveran, Mark P. Mckenna
Confusion Isn't Everything, William Mcgeveran, Mark P. Mckenna
Articles
The typical shorthand justification for trademark rights centers on avoiding consumer confusion. But in truth, this encapsulation mistakes a method for a purpose: confusion merely serves as an indicator of the underlying problems that trademark law seeks to prevent. Other areas of law accept confusion or mistake of all kinds, intervening only when those errors lead to more serious harms. Likewise, every theory of trademark rights considers confusion troubling solely because it threatens more fundamental values such as fair competition or informative communication. In other words, when it comes to the deep purposes of trademark law, confusion isn’t everything. Yet …
Jury Size And The Hung-Jury Paradox, Francesco Parisi, Barbara Luppi
Jury Size And The Hung-Jury Paradox, Francesco Parisi, Barbara Luppi
Articles
Juries are a fundamental element of the criminal justice system. In this article, we model jury decision making as a function of two institutional variables: jury size and voting requirement. We expose the critical interdependence of these two elements in minimizing the probabilities of wrongful convictions, of wrongful acquittals, and of hung juries. We find that the use of either large nonunanimous juries or small unanimous juries offers alternative ways to maximize the accuracy of verdicts while preserving the functionality of juries. Our framework, which lends support to the elimination of the unanimity requirement in the presence of large juries, …
Unpacking The Force Of Law, Kristin Hickman
Dampening Financial Regulatory Cycles, Brett Mcdonnell
America's Racially Diverse Suburbs: Opportunities And Challenges, Myron Orfield, Thomas F. Luce
America's Racially Diverse Suburbs: Opportunities And Challenges, Myron Orfield, Thomas F. Luce
Articles
No abstract provided.
A History Of Legal History Courses Offered In American Law Schools, Joan Howland
A History Of Legal History Courses Offered In American Law Schools, Joan Howland
Articles
No abstract provided.
Numerical Half Truths, Human Lies, And Other Distortions Of Truth, Richard W. Painter
Numerical Half Truths, Human Lies, And Other Distortions Of Truth, Richard W. Painter
Articles
No abstract provided.
Sworn To Fun, Loyal To None: Time Inconsistent Preferences In Investment Banking, Richard W. Painter
Sworn To Fun, Loyal To None: Time Inconsistent Preferences In Investment Banking, Richard W. Painter
Articles
No abstract provided.
Tax Benefits, Property Rights, And Mandates: Considering The Future Of Government Support For Renewable Energy, Alexandra Klass
Tax Benefits, Property Rights, And Mandates: Considering The Future Of Government Support For Renewable Energy, Alexandra Klass
Articles
This essay explores the history of tax benefits, property rights benefits, and mandates for energy development for the purpose of gaining insights on how such incentives can best be used to encourage the development of renewable energy. Part I describes some of the tax preferences and other financial incentives the U.S. government has historically provided to the energy sector, including to fossil fuel development, renewable fuels (particularly ethanol), and renewable electricity sources. It compares and contrasts the varying types and levels of support for these energy sectors, and concludes that the tax preferences and other financial support provided to date …
The Law Of Friction, William Mcgeveran
The Law Of Friction, William Mcgeveran
Articles
“Frictionless sharing” became a Silicon Valley catchphrase in 2011. It refers to platforms such as Spotify or the Washington Post Social Reader that automatically publicize users’ activities in social networks like Facebook, rather than waiting for approval of each individual disclosure. This article carefully analyzes the benefits and drawbacks of frictionless sharing. Social media confers considerable advantages on individuals, their friends, and of course intermediaries like Spotify and Facebook. But many implementations of frictionless architecture have gone too far, potentially invading privacy and drowning useful information in a tide of meaningless spam. The article also dismantles the rhetoric of frictionless …
Who Must Presume Whom To Be Innocent Of What?, Antony Duff
Who Must Presume Whom To Be Innocent Of What?, Antony Duff
Articles
This paper considers the roles that may be played by a “presumption of innocence” outside the criminal trial — a presumption that reflects a general principle of civic trust. We can understand the significance of this presumption, and the ways in which it can be qualified (without being defeated) by attending to some of the normative roles that citizens might take on, or have imposed on them, in relation to the criminal law, and the responsibilities or duties that attach to those roles. Particular attention is paid to the distinctive roles of “defendant” and of “ex-offender”, and to the question …
Justice In Times Of Transition: A Reflection On Transitional Justice, Fionnuala Nií AolaíIn
Justice In Times Of Transition: A Reflection On Transitional Justice, Fionnuala Nií AolaíIn
Constitutional Commentary
Book review: Transitional justice: NOMOS LI. Edited by Melissa S. Williams, Rosemary Nagy and John Elster. New York, New York University Press. 2011. Pp. xiv + 367. Reviewed by Fionnuala NÌ_ AolÌÁin.
Hate Speech Law And Disagreement, James Allan
Hate Speech Law And Disagreement, James Allan
Constitutional Commentary
Book review: The harm in hate speech. By Jeremy Waldron. Harvard University Press. 2012. Pp. vii + 292. Reviewed by James Allan.
La Constituciì_N De Los Estados Unidos En Espaì±Ol: Un Servicio Para El Pueblo Americano, Jim Chen
La Constituciì_N De Los Estados Unidos En Espaì±Ol: Un Servicio Para El Pueblo Americano, Jim Chen
Constitutional Commentary
The official Spanish translation of the United States Constitution with an introduction and annotations in English by Jim Chen.
Race Matters, Larry Alexander, Maimon Schwarzschild
Race Matters, Larry Alexander, Maimon Schwarzschild
Constitutional Commentary
Book review: Should race matter?: Unusual answers to the usual questions. By David Boonin. Cambridge, Cambridge University Press. 2011. Pp. vii + 441. Reviewed by Larry Alexander and Maimon Schwarzschild.
The Challenge Of, And Challenges To, Originalism, Lee J. Strang
The Challenge Of, And Challenges To, Originalism, Lee J. Strang
Constitutional Commentary
Book review: The challenge of originalism: Theories of constitutional interpretation. Grant Huscroft & Bradley W. Miller, eds. Cambridge, Cambridge University Press. 2011. Pp. ix + 305. Reviewed by Lee J. Strang.
Obligation, Anarchy, And Exemption, Micah Schwartzman
Obligation, Anarchy, And Exemption, Micah Schwartzman
Constitutional Commentary
Book review: Against obligation: The multiple sources of authority in a liberal democracy. By Abner S. Greene. Cambridge, MA: Harvard University Press. 2012. Pp. ix + 333. Reviewed by Micah Schwartzman.
Greeting The Future With An Outstretched Hand, William J. Clinton
Greeting The Future With An Outstretched Hand, William J. Clinton
Minnesota Law Review
No abstract provided.
Ehearsay, Jeffrey Bellin
The Merchants Of Wall Street: Banking, Commerce, And Commodities, Saule T. Omarova
The Merchants Of Wall Street: Banking, Commerce, And Commodities, Saule T. Omarova
Minnesota Law Review
No abstract provided.
The Right To Quantitative Privacy, David Gray, Danielle Citron
The Right To Quantitative Privacy, David Gray, Danielle Citron
Minnesota Law Review
No abstract provided.
The Shale Oil And Gas Revolution, Hydraulic Fracturing, And Water Contamination: A Regulatory Strategy, Thomas W. Merrill, David M. Schizer
The Shale Oil And Gas Revolution, Hydraulic Fracturing, And Water Contamination: A Regulatory Strategy, Thomas W. Merrill, David M. Schizer
Minnesota Law Review
No abstract provided.
Genetically Modified Food Fight: The Fda Should Step Up To The Regulatory Plate So States Do Not Cross The Constitutional Line, Morgan Anderson Helme
Genetically Modified Food Fight: The Fda Should Step Up To The Regulatory Plate So States Do Not Cross The Constitutional Line, Morgan Anderson Helme
Minnesota Law Review
No abstract provided.