Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (27)
- Legal Writing and Research (19)
- Constitutional Law (17)
- Science and Technology Law (14)
- Supreme Court of the United States (13)
-
- Administrative Law (12)
- Legislation (12)
- Legal Education (11)
- Securities Law (11)
- Civil Rights and Discrimination (10)
- Environmental Law (10)
- Health Law and Policy (9)
- Intellectual Property Law (9)
- International Trade Law (9)
- Legal Profession (9)
- Public Law and Legal Theory (9)
- Criminal Law (8)
- Litigation (8)
- Social and Behavioral Sciences (8)
- Banking and Finance Law (7)
- Courts (7)
- Criminal Procedure (7)
- Law Enforcement and Corrections (7)
- Law and Politics (7)
- Law and Race (7)
- Legal History (7)
- Comparative and Foreign Law (6)
- Evidence (6)
- Family Law (6)
- Institution
-
- University of Chicago Law School (66)
- University of Michigan Law School (59)
- University of Miami Law School (48)
- University of Minnesota Law School (32)
- UIdaho Law (27)
-
- University of Washington School of Law (25)
- Yeshiva University, Cardozo School of Law (21)
- University of Pittsburgh School of Law (16)
- Mercer University School of Law (12)
- University of Alabama School of Law (3)
- Rochester Institute of Technology (2)
- Technological University Dublin (1)
- University of Baltimore Law (1)
- Keyword
-
- United States Supreme Court (9)
- Language (5)
- Legal writing (5)
- Medicaid (5)
- Punishment (5)
-
- Racial discrimination (5)
- Regulation (5)
- Corporations (4)
- Civil rights (3)
- Congress (3)
- Constitutional law (3)
- Crimes (3)
- Death penalty (3)
- Drugs (3)
- Eighth Amendment (3)
- Empirical legal studies (3)
- Food and Drug Administration (3)
- Health care (3)
- Health insurance (3)
- Indigenous peoples (3)
- International law (3)
- Law professors (3)
- Law reform (3)
- Law students (3)
- Legal education (3)
- Legal theory (3)
- Litigation (3)
- Pharmaceuticals (3)
- Property (3)
- Rule of law (3)
Articles 31 - 60 of 313
Full-Text Articles in Law
When Law Calls, Does Science Answer? A Survey Of Distinguished Scientists & Engineers, Shari Seidman Diamond, Richard O. Lempert
When Law Calls, Does Science Answer? A Survey Of Distinguished Scientists & Engineers, Shari Seidman Diamond, Richard O. Lempert
Articles
Sound legal decision-making frequently requires the assistance of scientists and engineers. The survey we conducted with the cooperation of the American Academy examines the views of the legal system held by some of the nation’s most distinguished scientists and engineers, what motivates them to participate or to refuse to assist in lawsuits when asked, and their assessment of their experiences when they do participate. The survey reveals that a majority of the responding scientists and engineers will agree to participate when asked, and when they turn down requests, the most common reasons are lack of time and absence of relevant …
Introduction, Shari S. Diamond, Richard O. Lempert
Introduction, Shari S. Diamond, Richard O. Lempert
Articles
Experts bedeviled the legal system long before seventeenth-century Salem, when the town's good citizens relied on youthful accusers and witchcraft experts to identify the devil's servants in their midst. As in Salem, claims of expertise have often been questioned and objections raised about the bases of expert knowledge. Expertise, then and now, did not have to be based on science; but the importance of science and the testimony of scientific experts has since medieval times been woven into the fabric of the English jurisprudence that Americans inherited. In cases as long ago as 1299 we find examples of courts seeking …
Divine Justice And The Library Of Babel: Or, Was Al Capone Really Punished For Tax Evasion?, Gabriel Mendlow
Divine Justice And The Library Of Babel: Or, Was Al Capone Really Punished For Tax Evasion?, Gabriel Mendlow
Articles
A criminal defendant enjoys an array of legal rights. These include the right not to be punished for an offense unless charged, tried, and proved guilty beyond a reasonable doubt; the right not to be punished disproportionately; and the right not to be punished for the same offense more than once. I contend that the design of our criminal legal system imperils these rights in ways few observers appreciate. Because criminal codes describe misconduct imprecisely and prohibit more misconduct than any legislature actually aspires to punish, prosecutors decide which violations of the code merit punishment, and judges decide how much …
Antitrust's Unconventional Politics, Daniel A. Crane
Antitrust's Unconventional Politics, Daniel A. Crane
Articles
Antitrust law stands at its most fluid and negotiable moment in a generation. The bipartisan consensus that antitrust should solely focus on economic efficiency and consumer welfare has quite suddenly come under attack from prominent voices calling for a dramatically enhanced role for antitrust law in mediating a variety of social, economic, and political friction points, including employment, wealth inequality, data privacy and security, and democratic values. To the bewilderment of many observers, the ascendant pressures for antitrust reforms are flowing from both wings of the political spectrum, throwing into confusion a conventional understanding that pro-antitrust sentiment tacked left and …
Limiting State Flexibility In Drug Pricing, Nicholas Bagley, Rachel E. Sachs
Limiting State Flexibility In Drug Pricing, Nicholas Bagley, Rachel E. Sachs
Articles
Throughout the United States, escalating drug prices are putting immense pressure on state budgets. Several states are looking for ways to push back. Last year, Massachusetts asked the Trump administration for a waiver that would, among other things, allow its Medicaid program to decline to cover costly drugs for which there is limited or inadequate evidence of clinical efficacy. By credibly threatening to exclude such drugs from coverage, Massachusetts hoped to extract price concessions and constrain the fastest-growing part of its Medicaid budget.
Beps, Atap, And The New Tax Dialogue: "A Transatlantic Competition?", Reuven Avi-Yonah, Gianluca Mazzoni
Beps, Atap, And The New Tax Dialogue: "A Transatlantic Competition?", Reuven Avi-Yonah, Gianluca Mazzoni
Articles
Since its launch in 2013, the US actively participated in all aspects of the BEPS project. However, until recently, the general view was that following the conclusion of the BEPS negotiations and the change of Administration the US is stepping back from the BEPS process. While the EU was charging ahead with implementing BEPS through the Anti-Tax Avoidance Directive (ATAD), the US stated that it was already in compliance with all BEPS minimum standards and therefore other than Country-by-Country Reporting (CbCR) it had no further BEPS obligations. The US decided not to sign the Multilateral Instrument (MLI) to implement BEPS …
Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely
Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Regulatory Enforcement Under New York's Martin Act: From Financial Fraud To Global Warming, Richard A. Epstein
Regulatory Enforcement Under New York's Martin Act: From Financial Fraud To Global Warming, Richard A. Epstein
Articles
No abstract provided.
Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Jason G. Dykstra, Tenielle Fordyce-Ruff
Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Jason G. Dykstra, Tenielle Fordyce-Ruff
Articles
No abstract provided.
Welcome From The Chair Of The Indian Law Section, Dylan R. Hedden-Nicely
Welcome From The Chair Of The Indian Law Section, Dylan R. Hedden-Nicely
Articles
No abstract provided.
The Rule Of Three, Patrick Barry
The Rule Of Three, Patrick Barry
Articles
Judges use the Rule of Three. Practitioners use the Rule of Three. And so do all manner of legal academics. Yet although many people seem to have an intuitive feel for how useful this rhetorical move is, no extended explanation of its mechanics and variety of forms exists. This essay offers that explanation. It begins with an introduction to the more straightforward form of the rule of three, which simply involves arranging information not in twos or fours or any other set of numbers-but rather in the trusty, melodic structure of threes. It then moves on to a closer look …
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.
Shot Selection, Patrick Barry
Shot Selection, Patrick Barry
Articles
One of the more common pieces of writing advice in our post-Hemingway world is to keep sentences short. Experts on legal writing are particularly fond of this Position — and for good reason. Few judges look at the sentences that appear in briefs, memos, statutes, and contracts and say, "You know what each of those could use? More words." Professor Noah Messing does a particularly good job making the case for short sentences. Brevity, he explains, "reduces the risk that your writing will confuse or irk readers," especially given that "empirical studies show that writing verbosely makes writers sound dumber …
The Persistence Of The Probabilistic Perspective, Richard D. Friedman
The Persistence Of The Probabilistic Perspective, Richard D. Friedman
Articles
The publication now of an essay written by Craig Callen nearly a decade ago is cause for wistful celebration. Even while we are reminded how suddenly and prematurely Craig’s life ended, it is good to have one more academic contribution from him, especially because it is marked by the erudition, thoroughness, gentleness, and humor that characterized him.
Presidential Obstruction Of Justice, Daniel Hemel, Eric A. Posner
Presidential Obstruction Of Justice, Daniel Hemel, Eric A. Posner
Articles
No abstract provided.
Show And Tell, Patrick Barry
Show And Tell, Patrick Barry
Articles
“Show don’t tell.” Teachers preach these words. Style guides endorse them. And you’d be hard pressed to find any editor or law firm partner who hasn’t offered them as feedback in the last year, month, week, maybe even day. There’s only one problem: “Show don’t tell” is bad advice. Or at least, it is incomplete advice.
Sites Of Storytelling: Supreme Court Confirmation Hearings, Patrick Barry
Sites Of Storytelling: Supreme Court Confirmation Hearings, Patrick Barry
Articles
Supreme Court confirmation hearings have an interesting biographical feature: before nominees even say a word, many words are said about them. This feature— which has been on prominent display in the confirmation hearings of Judge Brett Kavanaugh—is a product of how each senator on the confirmation committee is allowed to make an opening statement. Some of these statements are, as Robert Bork remembers from his own confirmation hearing, “lavish in their praise,” some are “lavish in their denunciations,” and some are “lavish in their equivocations.”1 The result is a disorienting kind of biography by committee, one which produces not one …
Paragraphing, Patrick Barry
Paragraphing, Patrick Barry
Articles
Consider treating the word paragraph as a verb. Think of it as something you can do well or poorly, with major consequences for your readers. Good paragraphers, for example, help readers. They make it easy to navigate and absorb information. They don’t flit around, hastily moving on to the next point before fully supporting their first. Nor do they get stuck for too long in one place. Instead, they give a lot of thought not just to the ideas but also to their arrangement—their shape, their balance, their pace.
Alliteration, Restraint, And A Mind At Work, Patrick Barry
Alliteration, Restraint, And A Mind At Work, Patrick Barry
Articles
Alliteration is great—until it’s not. You can pretty quickly overdo it, though I don’t think any major professional sports franchise has yet. The Boston Bruins, the Seattle Seahawks, the Cleveland Cavaliers: these names all have a nice ring to them. As do countless others, from the Washington Wizards to the Tennessee Titans to the Buffalo Bills. The sounds run quickly off your tongue and not unpleasantly into the air. They’re not irritating or obnoxious—unless maybe you’re a fan of the opposing team.
Drug Approval In A Learning Health System, W. Nicholson Price
Drug Approval In A Learning Health System, W. Nicholson Price
Articles
The current system of FDA approval seems to make few happy. Some argue FDA approves drugs too slowly; others too quickly. Many agree that FDA—and the health system generally—should gather information after drugs are approved to learn how well they work and how safe they are. This is hard to do. FDA has its own surveillance systems, but those systems face substantial limitations in practical use. Drug companies can also conduct their own studies, but have little incentive to do so, and often fail to fulfil study commitments made to FDA. Proposals to improve this dynamic often suggest gathering more …
Quantum Economics, Newtonian Economics, And Law, William Hubbard
Quantum Economics, Newtonian Economics, And Law, William Hubbard
Articles
No abstract provided.
National Security, National Origin, And The Constitution: 75 Years After Eo9066, Geoffrey R. Stone
National Security, National Origin, And The Constitution: 75 Years After Eo9066, Geoffrey R. Stone
Articles
No abstract provided.
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels
Articles
Increasingly, an individual or a couple raising a newborn child may not be biologically related to the child. The child may be conceived with donated gametes -- a donated egg or sperm or both. A surrogate may gestate the child. The couple may be same-sex. Although we are aware of these developments, we are failing to collect information about them that is vital for medical, public health, and social science research as well as for protecting human rights. Information drawn from birth records is crucial for research, but it is becoming less accurate and less useful as parents who are …
Citing Counsel's Opinion About The Merits Of Legal Proceedings In Sec Filings, Wendy Gerwick Couture
Citing Counsel's Opinion About The Merits Of Legal Proceedings In Sec Filings, Wendy Gerwick Couture
Articles
No abstract provided.
Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward Stein
Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward Stein
Articles
This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same-sex couples upon divorce or other relationship dissolution. When same-sex couples marry, the legal system and society at large may project conceptions of gender onto same-sex couples, often in a manner that conflicts with couples’ intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same-sex relationships.
Check Clearing And Voidable Preference Law Under The Bankruptcy Code, David G. Carlson
Check Clearing And Voidable Preference Law Under The Bankruptcy Code, David G. Carlson
Articles
Every business practice must withstand the critique of federal voidable preference law. This article surveys how well check clearing system fares under this adjunct to the principle that unsecured creditors should share equally in a bankruptcy proceeding. Check clearing involves extending short-term credit by depositary banks to their customers. Banks routinely extend unsecured and secured credit. The fate of a bank in its customer's bankruptcy differs, depending on what kind of credit is extended. In the case of an overdraft, banks have preference risk, but they also have powerful defenses to muster against liability. In the case credit is advanced …
Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott
Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott
Articles
More than forty U.S. states currently track at least some of their convicted sex offenders using GPS devices. Many offenders will be monitored for life. The burdens and expense of living indefinitely under constant technological monitoring have been well documented, but most commentators have assumed that these burdens were of no constitutional moment because states have characterized such surveillance as ‘‘civil’’ in character—and courts have seemed to agree. In 2015, however, the Supreme Court decided in Grady v. North Carolina that attaching a GPS monitoring device to a person was a Fourth Amendment search, notwithstanding the ostensibly civil character of …
Outcome Prediction In The Practice Of Law, Mark K. Osbeck, Michael Gilliland
Outcome Prediction In The Practice Of Law, Mark K. Osbeck, Michael Gilliland
Articles
Business forecasters typically use time-series models to predict future demands, the forecasts informing management decision making and guiding organizational planning. But this type of forecasting is merely a subset of the broader field of predictive analytics, models used by data scientists in all manner of applications, including credit approvals, fraud detection, product-purchase and music-listening recommendations, and even the real-time decisions made by self-driving vehicles. The practice of law requires decisions that must be based on predictions of future legal outcomes, and data scientists are now developing forecasting methods to support the process. In this article, Mark Osbeck and Mike Gilliland …
Why Is It Wrong To Punish Thought?, Gabriel S. Mendlow
Why Is It Wrong To Punish Thought?, Gabriel S. Mendlow
Articles
It’s a venerable maxim of criminal jurisprudence that the state must never punish people for their mere thoughts—for their beliefs, desires, fantasies, and unexecuted intentions. This maxim is all but unquestioned, yet its true justification is something of a mystery. In this Essay, I argue that each of the prevailing justifications is deficient, and I conclude by proposing a novel one. The proposed justification captures the widely shared intuition that punishing a person for her mere thoughts isn’t simply disfavored by the balance of reasons but is morally wrongful in itself, an intrinsic (i.e., consequence-independent) injustice to the person punished. …
The States' Interest In Federal Procedure, Diego Zambrano
The States' Interest In Federal Procedure, Diego Zambrano
Articles
No abstract provided.