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Articles 1 - 30 of 48
Full-Text Articles in Law
Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick
Constitutional Empiricism: Quasi-Neutral Principles And Constitutional Truths, Timothy Zick
Faculty Publications
The absence of neutrality and objectivity in constitutional decision-making has vexed scholars and courts. In this Article, the author describes and analyzes "constitutional empiricism," a trend instituted by the Rehnquist Court, which is characterized by judicial reliance in constitutional review on empirical and scientific conventions and processes. Courts have generally relied upon traditional sources, such as text and history, to interpret consititutional powers and rights. In its search for neutrality and objectivity, however, the Court has recently turned not only to social science and other data, which are fast becoming common sources of interpretation, but also to the precepts and …
Human Rights And Genetic Discrimination: Protecting Genomics' Promise For Public Health, Anita Silvers, Michael Ashley Stein
Human Rights And Genetic Discrimination: Protecting Genomics' Promise For Public Health, Anita Silvers, Michael Ashley Stein
Faculty Publications
No abstract provided.
Using Statutes To Set Legislative Rules: Entrenchment, Separation Of Powers, And The Rules Of Proceedings Clause, Aaron-Andrew P. Bruhl
Using Statutes To Set Legislative Rules: Entrenchment, Separation Of Powers, And The Rules Of Proceedings Clause, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
Copyrighting Facts, Michael S. Green
Rhetorically Reasonable Police Practices: Viewing The Supreme Court's Multiple Discourse Paths, Kathryn R. Urbonya
Rhetorically Reasonable Police Practices: Viewing The Supreme Court's Multiple Discourse Paths, Kathryn R. Urbonya
Faculty Publications
This Article analyzes the United States Supreme Court's numerous and shifting rhetorical discourse paths for declaring whether particular governmental practices constituted unreasonable searches or seizures under the Fourth Amendment to the United States Constitution. It examines how the Court has manipulated classic discourse paths arising from text, history, precedent and structure. It reveals that among and within each of these categories, the Court has created conflicting approaches. The Article argues that the Court's construction of Fourth Amendment reasonableness has depended upon which discourse paths it has selected as well as how it has characterized the values embedded within the discourse …
Envisioning A Global Legal Culture, Charles H. Koch Jr.
Envisioning A Global Legal Culture, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
W & M Law School Came First. Why Care?, W. Taylor Reveley Iii
W & M Law School Came First. Why Care?, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas
The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas
Faculty Publications
Marbury v. Madison is today indisputably one of the "great cases" of American constitutional law because of its association with the principle of judicial review. But for much of its history, Marbury has not been regarded as a seminal decision. Between 1803 and 1887, the Supreme Court never once cited Marbury for the principle of judicial review, and nineteenth century constitutional law treatises were far more likely to cite Marbury for the decision's discussion of writs of mandamus or the Supreme Court's original jurisdiction than for its discussion of judicial review. During the late nineteenth century, however, the exercise of …
International Courts And Tribunals, Nancy Amoury Combs, Daryl A. Mundis, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline A. Weisman
International Courts And Tribunals, Nancy Amoury Combs, Daryl A. Mundis, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline A. Weisman
Faculty Publications
This article reviews and summarizes significant developments in 2002 involving international courts and tribunals, particularly events relating to the International Court of Justice, the United Nations Compensation Commission, the Iran-U.S. Claims Tribunal, the Claims Resolution Tribunal, and the International Commission on Holocaust Era Insurance Claims. Significant developments relating to the International Criminal Court, the International Criminal Tribunals for the former Yugoslavia and for Rwanda, proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of the Sea, the World Trade Organization dispute settlement system, and other trade dispute settlement systems are detailed in other articles in this …
Bring Back The Draft?, Neal Devins
Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt
Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Attitudes About Attitudes, Michael J. Gerhardt
Attitudes About Attitudes, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Chevron Deference And Treaty Interpretation, Evan J. Criddle
Chevron Deference And Treaty Interpretation, Evan J. Criddle
Faculty Publications
No abstract provided.
Approving Employee Retention And Severance Programs Judicial Discretion Run Amuck, A. Mechele Dickerson
Approving Employee Retention And Severance Programs Judicial Discretion Run Amuck, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Behavioral Approach To Analyzing Corporate Failures, A. Mechele Dickerson
Behavioral Approach To Analyzing Corporate Failures, A. Mechele Dickerson
Faculty Publications
Recent corporate failures indicate that existing laws fail to give boards of directors adequate incentives to acknowledge that some financially troubled firms simply cannot be salvaged. Relying primarily on insights from law and behavioral science literature, this Article notes that directors have a natural tendency to underestimate risks and overestimate their ability to save an insolvent or near insolvent firm. This Article urges the imposition of a duty to file a timely bankruptcy petition because such a duty will encourage directors to consider the interests of all the firms' constituents, including workers, creditors, and the local community, when making decisions …
The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas
The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas
Faculty Publications
No abstract provided.
Remembering Andrew I. Batavia, Michael Ashley Stein
Remembering Andrew I. Batavia, Michael Ashley Stein
Faculty Publications
No abstract provided.
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Congress And The Making Of The Second Rehnquist Court, Neal Devins
Faculty Publications
No abstract provided.
The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason
The Economic Ambiguity (And Possible Irrelevance) Of Tax Transition Rules, Eric D. Chason
Faculty Publications
No abstract provided.
Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins
Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins
Faculty Publications
No abstract provided.
Book Review Of Against Equality Of Opportunity, Michael Ashley Stein
Book Review Of Against Equality Of Opportunity, Michael Ashley Stein
Faculty Publications
No abstract provided.
Explaining Grutter V. Bollinger, Neal Devins
Explaining Grutter V. Bollinger, Neal Devins
Faculty Publications
No abstract provided.
The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz
The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz
Faculty Publications
No abstract provided.
Hans Kelsen And The Logic Of Legal Systems, Michael S. Green
Hans Kelsen And The Logic Of Legal Systems, Michael S. Green
Faculty Publications
No abstract provided.
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
International Decisions: Prosecutor V. Plavsic, Nancy Amoury Combs
Faculty Publications
No abstract provided.
Price Theory, Competition, And The Rule Of Reason, Alan J. Meese
Price Theory, Competition, And The Rule Of Reason, Alan J. Meese
Faculty Publications
Challenging traditional antitrust jurisprudence, Professor Alan J. Meese argues that the present structure of Rule of Reason analysis, applied pursuant to Standard Oil v. United States, has become outdated. The Rule of Reason as currently applied by the courts rests upon neoclassical price theory, an economic paradigm that assumes that legitimate competition consists of unbridled technological rivalry, unconstrained by nonstandard contracts. Recently, however, the Supreme Court has begun to apply a competing paradigm- Transaction Cost Economics-when determining whether a contract is unreasonable "per se" or instead deserving of Rule of Reason scrutiny. Professor Meese argues that Transaction Cost Economics more …
Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius
Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius
Faculty Publications
Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic separation" of issueframes; …
The Constitution Outside The Courts, Michael J. Gerhardt
The Constitution Outside The Courts, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno
Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno
Faculty Publications
No abstract provided.
The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks
The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks
Faculty Publications
No abstract provided.