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Full-Text Articles in Law

Qualified Immunity And Constitutional Structure, Katherine Mims Crocker May 2019

Qualified Immunity And Constitutional Structure, Katherine Mims Crocker

Faculty Publications

A range of scholars has subjected qualified immunity to a wave of criticism— and for good reasons. But the Supreme Court continues to apply the doctrine in ever more aggressive ways. By advancing two claims, this Article seeks to make some sense of this conflict and to suggest some thoughts toward a resolution.

First, while the Court has offered and scholars have rejected several rationales for the doctrine, layering in an account grounded in structural constitutional concerns provides a historically richer and analytically thicker understanding of the current qualified-immunity regime. For suits against federal officials, qualified immunity acts as a ...


Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen Apr 2019

Who Owns The Law? How To Restore Public Ownership Of Legal Publication, Leslie A. Street, David R. Hansen

Library Staff Publications

No abstract provided.


Infringement, Unbound, Sarah R. Wasserman Rajec Oct 2018

Infringement, Unbound, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.


Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone Oct 2018

Too Ill To Be Killed: Mental And Physical Competency To Be Executed Pursuant To The Death Penalty, Linda A. Malone

Faculty Publications

Mentally ill individuals are being housed in prisons and jails throughout the country. Due to decreased funding and overpopulation of correctional facilities, individuals with pre-existing illnesses, as well as others who develop illnesses, are in severe need of mental health services and punished for their ailments through the use of solitary confinement, long prison sentences, and lack of care. The stress created by such conditions is amplified for mentally ill prisoners who are awaiting execution or the dismissal of their death row sentences. These individuals must show that they are competent to stand trial, exhibit the mental state required for ...


Managing Dissent, Timothy Zick Sep 2018

Managing Dissent, Timothy Zick

Faculty Publications

In his insightful new book, Managed Speech: The Roberts Court's First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a "managed speech" approach in its First Amendment cases. According to Professor Magarian, that approach gives too much power to private and governmental actors to manage public discourse, constrain dissident speakers, and instill social and political stability. This Article argues that at least insofar as it relates to many forms of public dissent, the managed speech approach is both deeply rooted in First Amendment jurisprudence and culturally prevalent. Historically, First Amendment jurisprudence has expressed support for narrowly ...


How Subterranean Regulation Hinders Innovation In Assisted Reproductive Technology, Myrisha S. Lewis Apr 2018

How Subterranean Regulation Hinders Innovation In Assisted Reproductive Technology, Myrisha S. Lewis

Faculty Publications

Most scholars believe assisted reproductive technology is subject only to minimal regulation, especially by the federal government. This belief, I contend, is wrong. In this Article, I examine agency documents, statements by officials, and letters that the U.S. Food and Drug Administration (FDA) has sent to physicians and researchers over the past fifteen years to reveal an overlooked regulatory program. The FDA has been targeting new forms of assisted reproductive technology that involve small genetic modifications (advanced assisted reproductive technologies or AARTs) through regulatory actions that receive little public, media, or scholarly attention. I term this method of regulation ...


Justice Scalia's Other Standing Legacy, Tara Leigh Grove Dec 2017

Justice Scalia's Other Standing Legacy, Tara Leigh Grove

Faculty Publications

No abstract provided.


Creative Communities And Intellectual Property Law, Laura A. Heymann Nov 2017

Creative Communities And Intellectual Property Law, Laura A. Heymann

Popular Media

No abstract provided.


Justice Scalia And Sherman Act Textualism, Alan J. Meese May 2017

Justice Scalia And Sherman Act Textualism, Alan J. Meese

Faculty Publications

No abstract provided.


Property As A Management Institution, Lynda L. Butler Apr 2017

Property As A Management Institution, Lynda L. Butler

Faculty Publications

No abstract provided.


Book Review Of My Own Words, Leslie A. Street Apr 2017

Book Review Of My Own Words, Leslie A. Street

Library Staff Publications

No abstract provided.


The Return Of The Unprovided-For Case, Michael S. Green Apr 2017

The Return Of The Unprovided-For Case, Michael S. Green

Faculty Publications

No abstract provided.


Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman Feb 2017

Note To Trump: Know What You Call Muslims Who Reject Radical Islam? Refugees, Angela M. Banks, Nathan B. Oman

Popular Media

No abstract provided.


The Vanishing Common Law Judge, Neal Devins, David Klein Feb 2017

The Vanishing Common Law Judge, Neal Devins, David Klein

Faculty Publications

The common law style of judging appears to be on its way out. Trial courts rarely shape legal policymaking by asserting decisional autonomy through distinguishing, limiting, or criticizing higher court precedent. In an earlier study, we demonstrated the reluctance of lower court judges to assert decisional autonomy by invoking the holding–dicta dichotomy. In this Article, we make use of original empirical research to study the level of deference U.S. district court judges exhibit toward higher courts and whether the level of deference has changed over time. Our analysis of citation behavior over an eighty-year period reveals a dramatic ...


Copyright Law’S Origin Stories, Laura A. Heymann Dec 2016

Copyright Law’S Origin Stories, Laura A. Heymann

Popular Media

No abstract provided.


An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts Dec 2016

An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts

Faculty Publications

No abstract provided.


Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts Oct 2016

Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts

Faculty Publications

No abstract provided.


Information-Dissemination Law: The Regulation Of How Market-Moving Information Is Revealed, Kevin S. Haeberle, M. Todd Henderson Sep 2016

Information-Dissemination Law: The Regulation Of How Market-Moving Information Is Revealed, Kevin S. Haeberle, M. Todd Henderson

Faculty Publications

No abstract provided.


Biology, Genetics, Nurture, And The Law: The Expansion Of The Legal Definition Of Family To Include Three Or More Legal Parents, Myrisha S. Lewis Apr 2016

Biology, Genetics, Nurture, And The Law: The Expansion Of The Legal Definition Of Family To Include Three Or More Legal Parents, Myrisha S. Lewis

Faculty Publications

No abstract provided.


A Golden Opportunity: Legal Research Simulation Courses, Leslie A. Street, Shawn G. Nevers Mar 2016

A Golden Opportunity: Legal Research Simulation Courses, Leslie A. Street, Shawn G. Nevers

Library Staff Publications

No abstract provided.


Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman Dec 2015

Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman

Popular Media

No abstract provided.


Post 9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts Jul 2015

Post 9/11 Veterans: Welcoming Them Home As Colleagues And Clients, Patricia E. Roberts

Faculty Publications

No abstract provided.


Book Review Of The Boulder Statements On Legal Research Education: The Intersection Of Intellectual And Practical Skills, Leslie A. Street Apr 2015

Book Review Of The Boulder Statements On Legal Research Education: The Intersection Of Intellectual And Practical Skills, Leslie A. Street

Library Staff Publications

No abstract provided.


Fifty States, Fifty Attorneys General, And Fifty Approaches To The Duty To Defend, Neal Devins, Saikrishna B. Prakash Apr 2015

Fifty States, Fifty Attorneys General, And Fifty Approaches To The Duty To Defend, Neal Devins, Saikrishna B. Prakash

Faculty Publications

Whether a state attorney general has a duty to defend the validity of state law is a complicated question, one that cannot be decided by reference either to the oath state officers must take to support the federal Constitution or the supremacy of federal law. Instead, whether a state attorney general must defend state law turns on her own state’s laws. Each state has its own constitution, statutes, bar rules, and traditions, and not surprisingly, the duties of attorneys general vary across the states. To simplify somewhat, we believe that there are three types of duties. One set of ...


Stock-Market Law And The Accuracy Of Public Companies’ Stock Prices, Kevin S. Haeberle Jan 2015

Stock-Market Law And The Accuracy Of Public Companies’ Stock Prices, Kevin S. Haeberle

Faculty Publications

The social benefits of more accurate stock prices—that is, stock-market prices that more accurately reflect the future cash flows that companies are likely to produce—are well established. But it is also thought that market forces alone will lead to only a sub-optimal level of stock-price accuracy—a level that fails to obtain the maximum net social benefits, or wealth, that would result from a higher level. One of the principal aims of federal securities law has therefore been to increase the extent to which the stock prices of the most important companies in our economy (public companies) contain ...


Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green Dec 2014

Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green

Popular Media

No abstract provided.


Symposium On The Challenges Of Electronic Evidence, Daniel J. Capra, Sidney A. Fitzwater, Peter Pitegoff, Jeffrey S. Sutton, Paul Grimm, John Haried, Richard W. Vorder Bruegge, Jeffrey Bellin, Paul Scechtman, Deirdre M. Smith, Shira A. Scheindlin, David Shonka, Daniel Gelb, Andrew Goldsmith, George Paul, Paul Lippe Dec 2014

Symposium On The Challenges Of Electronic Evidence, Daniel J. Capra, Sidney A. Fitzwater, Peter Pitegoff, Jeffrey S. Sutton, Paul Grimm, John Haried, Richard W. Vorder Bruegge, Jeffrey Bellin, Paul Scechtman, Deirdre M. Smith, Shira A. Scheindlin, David Shonka, Daniel Gelb, Andrew Goldsmith, George Paul, Paul Lippe

Faculty Publications

No abstract provided.


The Promise And Perils Of Massive Open Online Courses: Moocs And The Role Of Law Librarians, Sara Sampson, Leslie A. Street Feb 2014

The Promise And Perils Of Massive Open Online Courses: Moocs And The Role Of Law Librarians, Sara Sampson, Leslie A. Street

Library Staff Publications

No abstract provided.


Measuring Circuit Splits: A Cautionary Note, Aaron-Andrew P. Bruhl Jan 2014

Measuring Circuit Splits: A Cautionary Note, Aaron-Andrew P. Bruhl

Faculty Publications

A number of researchers have recently published new measures of the Supreme Court’s behavior in resolving conflicts in the lower courts. These new measures represent an improvement over prior, cruder approaches, but it turns out that measuring the Court’s resolutions of conflicts is surprisingly difficult. The aim of this methodological comment is to describe those difficulties and to establish several conclusions that follow from them. First, the new measures of the Court’s behavior are certainly imprecise and may reflect biased samples. Second, using the Supreme Court Database, which some studies rely on to assemble a dataset of ...


Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl Dec 2013

Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl

Faculty Publications

When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.

This ...