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Articles 1 - 30 of 48
Full-Text Articles in Law
Essential Questions: What To Ask About The Bar Exam, Patricia D. White
Essential Questions: What To Ask About The Bar Exam, Patricia D. White
Articles
No abstract provided.
Two Deans Answer The Law School Wellness Questions They Hear The Most, Janet Stearns, David B. Jaffe
Two Deans Answer The Law School Wellness Questions They Hear The Most, Janet Stearns, David B. Jaffe
Articles
No abstract provided.
Franchise Regulation For The Fissured Economy, Andrew Elmore
Franchise Regulation For The Fissured Economy, Andrew Elmore
Articles
No abstract provided.
The Oecd/G20-Beps-Project And The Value Creation Paradigm: Economic Reality Disemboguing Into The Interpretation Of The "Arm's Length" Standard, Stanley I. Langbein, Max R. Fuss
The Oecd/G20-Beps-Project And The Value Creation Paradigm: Economic Reality Disemboguing Into The Interpretation Of The "Arm's Length" Standard, Stanley I. Langbein, Max R. Fuss
Articles
No abstract provided.
Modularity In Cross-Border Insolvency, Andrew B. Dawson
Modularity In Cross-Border Insolvency, Andrew B. Dawson
Articles
No abstract provided.
The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack
The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack
Articles
No abstract provided.
Alabama Song? Lotte Lenya? No. Adolph Hitler!, Patrick O. Gudridge
Alabama Song? Lotte Lenya? No. Adolph Hitler!, Patrick O. Gudridge
Articles
No abstract provided.
From The Editors, Anthony E. Varona, Camille A. Nelson
The Central Claiming Renaissance, Andres Sawicki
The Central Claiming Renaissance, Andres Sawicki
Articles
The Supreme Court has recently reinvigorated the law of patentable subject matter. But beneath the headlines proclaiming the return of limits to patent eligibility, a more profound shift has taken place: central claiming is reborn.
The Court's eligibility cases are significant outliers compared to today's run-of-the-mill patent law because claim language plays little role in their analyses. In our modern peripheral claiming system, the claim language is the near exclusive guide to the patent's boundaries. But in its earliest days, our patent system pursued a central claiming approach, in which the inventor's actual work determined the patent's scope. The Court's …
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Articles
No abstract provided.
A View Of Copyright From The Digital Ground, Andres Sawicki
A View Of Copyright From The Digital Ground, Andres Sawicki
Articles
No abstract provided.
Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks
Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks
Articles
No abstract provided.
Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley
Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley
Articles
No abstract provided.
The New Bond Workouts, William Wilson Bratton, Adam J. Levitin
The New Bond Workouts, William Wilson Bratton, Adam J. Levitin
Articles
Bond workouts are a famously dysfunctional method of debt restructuring. The process is so ridden with opportunistic and coercive behavior by both bondholders and bond issuers as to make success intrinsically unlikely. Yet since 2008 bond workouts have quietly started to work. A segment of the restructuring market has shifted from bankruptcy court to out-of-court workouts by way of exchange offers made only to large institutional investors. The new workouts feature a battery of strong-arm tactics by bond issuers, and aggrieved bondholders have complained in court. There resulted a new, broad reading of the primary law governing workouts, section 3 …
Things Fall Apart, Anthony V. Alfieri
Big Data: Destroyer Of Informed Consent, A. Michael Froomkin
Big Data: Destroyer Of Informed Consent, A. Michael Froomkin
Articles
The 'Revised Common Rule' took effect on January 21, 2019, marking the first change since 2005 to the federal regulation that governs human subjects research conducted with federal support or in federally supported institutions. The Common Rule had required informed consent before researchers could collect and use identifiable personal health information. While informed consent is far from perfect, it is and was the gold standard for data collection and use policies; the standard in the old Common Rule served an important function as the exemplar for data collection in other contexts. Unfortunately, true informed consent seems incompatible with modern analytics …
Old Wine In New Bottles? The Trade Rule Of Law, Kathleen Claussen
Old Wine In New Bottles? The Trade Rule Of Law, Kathleen Claussen
Articles
No abstract provided.
Introduction To The Yale Symposium On Trade Law Under The Trump Administration, Kathleen Claussen, David Singh Grewal
Introduction To The Yale Symposium On Trade Law Under The Trump Administration, Kathleen Claussen, David Singh Grewal
Articles
No abstract provided.
Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley
Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley
Articles
This Article explores the tension between land conservation and marijuana cultivation in the context of legalization. The legalization of marijuana has the potential to shift the locations of marijuana cultivation. Where cultivation need no longer be surreptitious and clandestine, growers may begin to explore sanctioned growing sites and methods. Thus, the shift to legalization may be accompanied by environmental and landuse implications. Investigating commercial-scale marijuana cultivation, this Article details how, in some ways, legalization can reduce environmental impacts of marijuana cultivation while also examining tricky issues regarding tensions between protected lands and marijuana cultivation. If we treat cultivation of marijuana …
Regulating By Example, Susan C. Morse, Leigh Osofsky
Regulating By Example, Susan C. Morse, Leigh Osofsky
Articles
Agency regulations are full of examples. Regulated parties and their advisors parse the examples to develop an understanding of the applicable law and to determine how to conduct their affairs. However, the theoretical literature contains no study of regulatory examples or of how they might be interpreted. Courts differ about whether examples serve as an independent source of law. There is uncertainty about the proper role of this frequently used regulatory tool.
In this Article, we argue that regulatory examples make law. Our claim is that, as a default rule, the legal content offered by regulatory examples is coequal with, …
Justice Beyond Dispute, Mary Anne Franks
The Runaway Judge: John Grisham’S Appearance In Judicial Opinions, Nicholas Mignanelli
The Runaway Judge: John Grisham’S Appearance In Judicial Opinions, Nicholas Mignanelli
Articles
No abstract provided.
The Rugged Individual's Guide To The Fourth Amendment: How The Court's Idealized Citizen Shapes, Influences, And Excludes The Exercise Of Constitutional Rights, Scott E. Sundby
Articles
Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen
Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag. Or who can help but feel humbled by the courage of Rosa Parks, a seamstress, who was willing to be arrested rather than sit in the back of the bus?
But while these stories of everyday individuals …
Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri
Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri
Articles
No abstract provided.
Collaborative Enforcement, Andrew Elmore
Collaborative Enforcement, Andrew Elmore
Articles
Labor standards enforcement in the low-wage workplace has long suffered from a lack of capacity, expertise and remedies that blunt the impact of public and private enforcers alike. The question of how to address these pathologies in state and local workplace regulation has gained new urgency with the virtual explosion of regional labor lawmaking and the deregulatory impulses of the new federal administration.
This Article identifies collaboration between state and local agencies and private, public interest organizations ("PIOs") as one pathway to address these enforcement gaps, by amplifying the deterrent effect of public and private enforcement and by improving legal …
When Impunity And Corruption Embrace: How The Past Becomes The Future In The Struggle Against Torture And Genocide, Elizabeth M. Iglesias
When Impunity And Corruption Embrace: How The Past Becomes The Future In The Struggle Against Torture And Genocide, Elizabeth M. Iglesias
Articles
In this article, Professor Elizabeth Iglesias takes up the challenge of overcoming impunity for atrocity crimes as a problem of structural corruption. Beginning with the 2013 trial and conviction of Guatemalan leader Efrain Rios Montt for crimes against humanity and genocide in the courts of his own country, the article turns to the scandal surrounding United States' President Donald Trump's repeated threats to fire the special counsel investigating allegations that he and his campaign colluded with foreign nationals to steal the 2016 presidential election and the scandal surrounding the nomination and confirmation of Gina Haspel as the first woman to …
Happy Birthday Siri! Dialing In Legal Ethics For Artificial Intelligence, Smartphones, And Real Time Lawyers, Jan L. Jacobowitz, Justin Ortiz
Happy Birthday Siri! Dialing In Legal Ethics For Artificial Intelligence, Smartphones, And Real Time Lawyers, Jan L. Jacobowitz, Justin Ortiz
Articles
No abstract provided.
Beyond Norms: Using International Economic Tools To Deter Malicious State-Sponsored Cyber Activities, Kathleen Claussen
Beyond Norms: Using International Economic Tools To Deter Malicious State-Sponsored Cyber Activities, Kathleen Claussen
Articles
In thinking about strategy and doctrine for cyberspace, one cannot ignore either the cyber domain's interaction with other domains or the applicability of existing legal tools to address cyberspace issues. This Comment focuses on the latter and argues that any discussion regarding deterrence and a playbook for consequences for cyber incidents by state actors ought necessarily to include a careful examination of existing plays, particularly where those incidents have an economic component as many do. Focusing on multilateral institutions, regional and bilateral trade and investment agreements, and unilateral tariff and non-tariff trade and investment tools, this Comment maintains that current …
Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring
Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring
Articles
This Article uses internal memoranda and emails to describe the efforts of the California Department of Mental Health to suppress a serious and well-designed study that showed just 6.5% of untreated sexually violent predators were arrested for a new sex crime within 4.8 years of release from a locked mental facility. The Article begins by historically situating sexually violent predator laws and then explains the constitutionally critical role that prospective sexual dangerousness plays in justifying these laws. The Article next explains how the U.S. Supreme Court and the highest state courts have allowed these laws to exist without requiring any …
Strategic Litigation To Advance Public Health, Tamar Ezer, Priti Patil
Strategic Litigation To Advance Public Health, Tamar Ezer, Priti Patil
Articles
The HIV movement has relied on strategic litigation as an important tool to develop and enforce legal protections critical to health. This experience contains lessons on the potential of strategic litigation to advance public health more generally. Beyond impacting laws and policies, strategic litigation can change practice, breathing life into existing legal rules never implemented. While cases may target a particular law, policy, or practice, indirect impacts beyond a particular court decision on future cases, other branches of government, and the public record may be just as important. Each case is only one step towards change, and a judgment can …