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Articles 1 - 30 of 88
Full-Text Articles in Law
Principled Standard Setting Requires Consideration Of More Than Science (Aei-Brookings Joint Center For Regulatory Studies, Brief 00-02) Brief Amicus Curiae In Support Of Respondents, Browner V. American Trucking Associations, Inc., No. 99-1257, (U.S. September 11, 2000)(With 20 Law Professors, Economists, And Scientists), Jonathan B. Wiener, Cary Coglianese, Gary Marchant
Principled Standard Setting Requires Consideration Of More Than Science (Aei-Brookings Joint Center For Regulatory Studies, Brief 00-02) Brief Amicus Curiae In Support Of Respondents, Browner V. American Trucking Associations, Inc., No. 99-1257, (U.S. September 11, 2000)(With 20 Law Professors, Economists, And Scientists), Jonathan B. Wiener, Cary Coglianese, Gary Marchant
Faculty Scholarship
Summary of Argument: Throughout this proceeding, EPA has identified no policy or normative criteria to justify its NAAQS standards, thus suggesting that science alone can be used to determine the appropriate air quality standard. Science plays a critical, indeed essential, role in evaluating the risks of possible air quality standards being considered for adoption by EPA. However, science by itself cannot provide the justification for selecting a particular air quality standard. Especially in setting standards for non-threshold pollutants, such as in this case, scientific evidence cannot alone indicate where the standard should be set, since any level above zero will …
The Paradox Of Free Market Democracy: Rethinking Development Policy, Amy L. Chua
The Paradox Of Free Market Democracy: Rethinking Development Policy, Amy L. Chua
Faculty Scholarship
No abstract provided.
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Court Should Have Remained Silent: Why The Court Erred In Deciding ‘Dickerson V. United States’, Erwin Chemerinsky
The Court Should Have Remained Silent: Why The Court Erred In Deciding ‘Dickerson V. United States’, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Constitutional Avoidance, Resistance Norms, And The Preservation Of Judicial Review, Ernest A. Young
Constitutional Avoidance, Resistance Norms, And The Preservation Of Judicial Review, Ernest A. Young
Faculty Scholarship
No abstract provided.
Hercules, Herbert, And Amar: The Trouble With Intratextualism, Ernest A. Young, Adrian Vermeule
Hercules, Herbert, And Amar: The Trouble With Intratextualism, Ernest A. Young, Adrian Vermeule
Faculty Scholarship
Commentary on, Akhil Reed Amar, Intratextualism, 112 Harvard Law Review 747 (1999).
Building The Basic Course Around Intra-Firm Relations, Kimberly D. Krawiec
Building The Basic Course Around Intra-Firm Relations, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
The Law And The Human Target In Information Warfare: Cautions And Opportunities, Charles J. Dunlap Jr.
The Law And The Human Target In Information Warfare: Cautions And Opportunities, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence A. Zelenak
The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence A. Zelenak
Faculty Scholarship
Familiarity with state lotteries obscures their strangest characteristic-that they are designed to extract as much revenue as possible from lottery consumers. States do not attempt to wring as much revenue as possible from the consumers of any other product, either through government monopolies or through revenue-maximizing taxation. In this article, Prof. Zelenak considers various possible justifications for the uniquely unfavorable treatment of lottery consumers. The article concludes that the special state treatment of lotteries cannot be justified by efficiency analysis, distributional effects, or historical precedent. The article notes, however, that the previous illegality of lotteries meant that lotteries could be …
Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler
Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler
Faculty Scholarship
An "expressive theory of law" is, very roughly, a theory that evaluates the actions of legal officials in light of what those actions mean, symbolize, or express. Expressive theories have long played a role in legal scholarship and, recently, have become quite prominent. Elizabeth Anderson, Robert Cooter, Dan Kahan, Larry Lessig, and Richard Pildes, among others, have all recently defended expressive theories (or at least theories that might be characterized as expressive). Expressive notions also play a part in judicial doctrine, particularly in the areas of the Establishment Clause and the Equal Protection Clause.
This paper attempts to provide a …
‘Chevron’ Deference And Foreign Affairs, Curtis A. Bradley
‘Chevron’ Deference And Foreign Affairs, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Working Identity, Mitu Gulati, Devon W. Carbado
Working Identity, Mitu Gulati, Devon W. Carbado
Faculty Scholarship
No abstract provided.
Brands Vs. Generics: Self-Regulation By Competitors, James D. Cox
Brands Vs. Generics: Self-Regulation By Competitors, James D. Cox
Faculty Scholarship
No abstract provided.
Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith
Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.
Conversations At Work, Mitu Gulati, Devon W. Carbado
Conversations At Work, Mitu Gulati, Devon W. Carbado
Faculty Scholarship
No abstract provided.
Tocqueville’S Aristocracy In Minnesota, Paul D. Carrington
Tocqueville’S Aristocracy In Minnesota, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Introduction, To Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Introduction, To Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Faculty Scholarship
No abstract provided.
Cracking Foundations As Feminist Method, Katharine T. Bartlett
Cracking Foundations As Feminist Method, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Alden V. Maine’ And The Jurisprudence Of Structure, Ernest A. Young
Alden V. Maine’ And The Jurisprudence Of Structure, Ernest A. Young
Faculty Scholarship
No abstract provided.
Codifying Interest Analysis In The Torts Chapter Of A New Conflicts Restatement, William A. Reppy Jr.
Codifying Interest Analysis In The Torts Chapter Of A New Conflicts Restatement, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
When Should Rights “Trump”? An Examination Of Speech And Property, Laura S. Underkuffler
When Should Rights “Trump”? An Examination Of Speech And Property, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Comparing The Scope Of The Federal Government’S Authority To Prosecute Federal Corruption And State And Local Corruption: Some Surprising Conclusions And A Proposal, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Grandparent Visitation: Best Interests Test Is Not In Child’S Best Interests, Katharine T. Bartlett
Grandparent Visitation: Best Interests Test Is Not In Child’S Best Interests, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle
Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle
Faculty Scholarship
No abstract provided.
International Law And The American National Interest, Michael Byers
International Law And The American National Interest, Michael Byers
Faculty Scholarship
No abstract provided.
Litigators’ Ethics, Michael E. Tigar
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos
Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos
Faculty Scholarship
In recent years, increasing attention has been directed to the problem of adequate representation for indigent criminal defendants. While overwhelming caseloads and inadequate funding plague indigent defense systems of all types, there is a growing consensus in the legal community that low-bid contract systems-under which the state or locality's indigent defense work is assigned to the attorney willing to accept the lowest fee-pose particularly serious obstacles to effective representation. In this Note, Margaret Lemos argues that the problems typical of indigent defense programs in general-and low-bid contract systems in particular-can and should be addressed through § 1983 civil actions alleging …
The Section 5 Mystique, Morrison, And The Future Of Federal Antidiscrimination Law, Margaret H. Lemos, Samuel Estreicher
The Section 5 Mystique, Morrison, And The Future Of Federal Antidiscrimination Law, Margaret H. Lemos, Samuel Estreicher
Faculty Scholarship
No abstract provided.