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Full-Text Articles in Law

Back To The Basics Of Erie, Diane P. Wood Jul 2014

Back To The Basics Of Erie, Diane P. Wood

Journal Articles

No abstract provided.


Constitutional Islamization And Human Rights: The Surprising Origin And Spread Of Islamic Supremacy In Constitutions, Dawood I. Ahmed, Tom Ginsburg Jul 2014

Constitutional Islamization And Human Rights: The Surprising Origin And Spread Of Islamic Supremacy In Constitutions, Dawood I. Ahmed, Tom Ginsburg

Journal Articles

No abstract provided.


Supplying Compliance: Why And When The Us Complies With Wto Rulings, Adam S. Chilton, Rachel Brewster Jul 2014

Supplying Compliance: Why And When The Us Complies With Wto Rulings, Adam S. Chilton, Rachel Brewster

Journal Articles

No abstract provided.


Constitutional Outliers, Justin Driver Jul 2014

Constitutional Outliers, Justin Driver

Journal Articles

No abstract provided.


Noise Reduction: The Screening Value Of Qui Tam, Anthony Casey, Anthony Niblett Jul 2014

Noise Reduction: The Screening Value Of Qui Tam, Anthony Casey, Anthony Niblett

Journal Articles

No abstract provided.


Why Retributivism Needs Consequentialism: The Rightful Place Of Revenge In The Criminal Justice System, Ken Levy Jul 2014

Why Retributivism Needs Consequentialism: The Rightful Place Of Revenge In The Criminal Justice System, Ken Levy

Journal Articles

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to ...


Tipping The Scales In Favor Of Charitable Bequests: A Critique, Elizabeth Carter Jul 2014

Tipping The Scales In Favor Of Charitable Bequests: A Critique, Elizabeth Carter

Journal Articles

This paper considers the public policy favoring testamentary bequests to charity and offers a critique of that policy. Public policy favors testamentary bequests to charity. At least, that is the claim of numerous courts and legislative bodies. The policy favoring charitable bequests may tip the scales in deciding the proper interpretation of a will or the merits of an undue influence, incapacity, or tortuous interference with inheritance claim. Paradoxically, courts and legislative bodies rarely discuss the source of this public policy. Nor do they inquire into the wisdom of the policy. They should.


Dynamic Forest Federalism, Blake Hudson Jul 2014

Dynamic Forest Federalism, Blake Hudson

Journal Articles

State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has shifted toward multilevel governance known as “dynamic federalism” for many if not most regulatory subject areas, especially in the context of the natural environment. The nation has done so both legally and politically — the constitutional validity of expanded federal regulatory authority over resources has consistently ...


Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett Jul 2014

Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett

Journal Articles

We live in an era of parental choice. Today, forty-two states and the District of Columbia authorize charter schools, and twenty states and the District of Columbia permit students to use public funds to attend a private school. During the 2012-2013 school year, nearly 2 million children attended charter schools, and nearly 250,000 children received publicly funded scholarship to attend a private school. The expanding menu of publicly funded educational options is one (but by no means the only) factor contributing to the current, intensely controversial, waves of urban public school closures. In school-closure debates, proponents of traditional public ...


Habeas And The Roberts Court, Aziz Huq Jun 2014

Habeas And The Roberts Court, Aziz Huq

Journal Articles

No abstract provided.


Reactionary Rhetoric And Liberal Legal Academia, Justin Driver Jun 2014

Reactionary Rhetoric And Liberal Legal Academia, Justin Driver

Journal Articles

As celebrations mark the fiftieth anniversary of the Civil Rights Act of 1964, it is essential to recover the arguments mainstream critics made in opposing what has become a sacrosanct piece of legislation. Prominent legal scholarship now appears to misap


Innovation And Incarceration: An Economic Analysis Of Criminal Intellectual Property Law, Jonathan Masur, Christopher Buccafusco Jun 2014

Innovation And Incarceration: An Economic Analysis Of Criminal Intellectual Property Law, Jonathan Masur, Christopher Buccafusco

Journal Articles

No abstract provided.


Internality Regulation Through Public Choice, Saul Levmore Jun 2014

Internality Regulation Through Public Choice, Saul Levmore

Journal Articles

No abstract provided.


Egypt, Ethiopia, And The Nile: The Economics Of International Water Law, Daniel Abebe Jun 2014

Egypt, Ethiopia, And The Nile: The Economics Of International Water Law, Daniel Abebe

Journal Articles

No abstract provided.


Redistribution Within Collective Organizations: What Corporations, Condominiums And Unions Tell Us About The Proper Use Of Government Power, Richard A. Epstein Jun 2014

Redistribution Within Collective Organizations: What Corporations, Condominiums And Unions Tell Us About The Proper Use Of Government Power, Richard A. Epstein

Journal Articles

No abstract provided.


Can Lawyers Stay In The Driver's Seat?, Daniel G. Currell, M. Todd Henderson Jun 2014

Can Lawyers Stay In The Driver's Seat?, Daniel G. Currell, M. Todd Henderson

Journal Articles

No abstract provided.


Legal Protections For The 'Personal Best' Of Each Employee: Title Vii's Prohibition On Sex Discrimination, The Legacy Of Price Waterhouse V. Hopkins, And The Prospect Of Enda, Mary Anne Case Jun 2014

Legal Protections For The 'Personal Best' Of Each Employee: Title Vii's Prohibition On Sex Discrimination, The Legacy Of Price Waterhouse V. Hopkins, And The Prospect Of Enda, Mary Anne Case

Journal Articles

No abstract provided.


The Influence Of International Human Rights Agreements On Public Opinion: An Experimental Study, Adam S. Chilton Jun 2014

The Influence Of International Human Rights Agreements On Public Opinion: An Experimental Study, Adam S. Chilton

Journal Articles

Scholars have long speculated that commitments to human rights agreements are unlikely to have an effect on domestic policy because they do not contain a threat of external enforcement. Recent research has challenged that belief by suggesting that ratific


Public Accommodations Under The Civil Rights Act Of 1964: Why Freedom Of Association Counts As A Human Right, Richard A. Epstein Jun 2014

Public Accommodations Under The Civil Rights Act Of 1964: Why Freedom Of Association Counts As A Human Right, Richard A. Epstein

Journal Articles

No abstract provided.


Personalizing Default Rules And Disclosure With Big Data, Lior Strahilevitz, Ariel Porat Jun 2014

Personalizing Default Rules And Disclosure With Big Data, Lior Strahilevitz, Ariel Porat

Journal Articles

No abstract provided.


The Neo-Hamiltonian Temptation, David A. Strauss Jun 2014

The Neo-Hamiltonian Temptation, David A. Strauss

Journal Articles

The central force behind the development of constitutional law, according to Bruce Ackerman’s magisterial We the People: The Civil Rights Revolution, is not the courts but the People, acting through the elected officials who were responsible for the civi


Legal Protections For The 'Personal Best' Of Each Employee: Title Vii’S Prohibition On Sex Discrimination, The Legacy Of Price Waterhouse V. Hopkins, And The Prospect Of Enda, Mary Anne Case Jun 2014

Legal Protections For The 'Personal Best' Of Each Employee: Title Vii’S Prohibition On Sex Discrimination, The Legacy Of Price Waterhouse V. Hopkins, And The Prospect Of Enda, Mary Anne Case

Journal Articles

No abstract provided.


Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke Jun 2014

Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke

Journal Articles

The Supreme Court’s recent decision in United States v. Windsor, invalidating part of the federal Defense of Marriage Act, presents a significant interpretive challenge. Early commentators have criticized the majority opinion’s lack of analytical rigor, and expressed doubt that Windsor can serve as a meaningful precedent with respect to constitutional questions outside the area of same-sex marriage. This short Article offers a more rehabilitative reading of Windsor, and shows how the decision can be used to analyze a significant constitutional question concerning the use of state criminal procedure to regulate immigration.

From Windsor’s holding, the Article distills ...


The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Samuel Bagenstos, Gabriel Chin, Gilda Daniels, Nicholas Stephanopoulos May 2014

The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Samuel Bagenstos, Gabriel Chin, Gilda Daniels, Nicholas Stephanopoulos

Journal Articles

No abstract provided.


Elections And Alignment, Nicholas Stephanopoulos May 2014

Elections And Alignment, Nicholas Stephanopoulos

Journal Articles

No abstract provided.


The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein May 2014

The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein

Journal Articles

No abstract provided.


Boards-R-Us: Reconceptualizing Corporate Boards, Stephen Bainbridge, M. Todd Henderson May 2014

Boards-R-Us: Reconceptualizing Corporate Boards, Stephen Bainbridge, M. Todd Henderson

Journal Articles

No abstract provided.


Productive Unionism, Matthew Dimick May 2014

Productive Unionism, Matthew Dimick

Journal Articles

Do labor unions have a future? This Article considers the role and importance of labor union structures, in particular the degree of centralization in collective bargaining, to the future of labor unions. Centralization refers primarily to the level at which collective bargaining takes place: whether at the plant, firm, industry, or national level. The Article examines the historical origins of different structures of bargaining in the United States and Europe, the important implications that centralization has for economic productivity, and the ways that various labor law rules reinforce or reflect different bargaining structures. Most critically, the Article contends that greater ...


Partition And Revelation, Yun-Chien Chang, Lee Anne Fennell Apr 2014

Partition And Revelation, Yun-Chien Chang, Lee Anne Fennell

Journal Articles

No abstract provided.


Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard H. Mcadams Apr 2014

Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard H. Mcadams

Journal Articles

No abstract provided.