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Articles 1 - 30 of 86
Full-Text Articles in Law
Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes
Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes
Faculty Scholarship
No abstract provided.
Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, James Salzman, J.B. Ruhl
Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, James Salzman, J.B. Ruhl
Faculty Scholarship
No abstract provided.
When All Of Us Are Victims: Juror Prejudice And ‘Terrorist’ Trials, Neil Vidmar
When All Of Us Are Victims: Juror Prejudice And ‘Terrorist’ Trials, Neil Vidmar
Faculty Scholarship
No abstract provided.
The Cracked Foundations Of The Right To Secede, Donald L. Horowitz
The Cracked Foundations Of The Right To Secede, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington
Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington
Faculty Scholarship
No abstract provided.
What Exactly Is Racial Diversity?, Devon W. Carbado, Mitu Gulati
What Exactly Is Racial Diversity?, Devon W. Carbado, Mitu Gulati
Faculty Scholarship
No abstract provided.
The ‘Blaine’ Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
The ‘Blaine’ Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
Faculty Scholarship
It is my view that efforts to force states to fund religious schools through voucher plans or otherwise will and should fail. My reasons for this conclusion are two-fold. First, there is no viable federal constitutional argument that states are required to fund religious institutions, including religious schools. Second, there are excellent reasons why the funding of religious institutions is very bad and dangerous policyââ¬âreasons which states are free to use as the groundings for their own policies, and which the decision in Zelman has left untouched.
The Trouble With Global Constitutionalism, Ernest A. Young
The Trouble With Global Constitutionalism, Ernest A. Young
Faculty Scholarship
No abstract provided.
Legal Transitions: Some Welfarist Remarks, Matthew D. Adler
Legal Transitions: Some Welfarist Remarks, Matthew D. Adler
Faculty Scholarship
This essay offers a sympathetic, utilitarian critique of Louis Kaplow's famous argument for legal retroactivity in his 1986 article, "An Economic Analysis of Legal Transitions." The argument, very roughly, is that the prospect of retroactivity is desirable if citizens are rational because it gives them a desirable incentive to anticipate legal change. My central claim is that this argument trades upon a dubious, objective view of probability that assumes rational citizens assign the same probabilities to states as rational governmental officials. But it is subjective, not objective probabilities that bear on rational choice, and the subjective probabilities of rational citizens …
Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler
Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler
Faculty Scholarship
Is death a harm? Is the risk of death a harm? These questions lie at the foundations of risk regulation. Agencies that regulate threats to human life, such as the EPA, OSHA, the FDA, the CPSC, or NHTSA, invariably assume that premature death is a first-party harm - a welfare setback to the person who dies - and often assume that being at risk of death is a distinct and additional first-party harm. If these assumptions are untrue, the myriad statutes and regulations that govern risky activities should be radically overhauled, since the third-party benefits of preventing premature death and …
Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang
Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang
Faculty Scholarship
No abstract provided.
Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale
Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale
Faculty Scholarship
No abstract provided.
The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie
The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie
Faculty Scholarship
No abstract provided.
A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks
A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks
Faculty Scholarship
No abstract provided.
Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles
Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
The Puzzle Of Ex Ante Efficiency: Does Rational Approvability Have Moral Weight?, Matthew D. Adler
The Puzzle Of Ex Ante Efficiency: Does Rational Approvability Have Moral Weight?, Matthew D. Adler
Faculty Scholarship
A governmental decision is "ex ante efficient" if it maximizes the satisfaction of everyone's preferences ex ante, relative to other possible decisions. Equivalently, each affected person would be rational to approve the decision, given her preferences and beliefs at the time of the choice. Does this matter, morally speaking? Do governmental officials - legislators, judges, regulators - have a moral reason to make decisions that are ex ante efficient? The economist's answer is "yes." "Ex ante efficiency" is widely seen by welfare economists to have moral significance, and often appears within law-and-economics scholarship as a criterion for evaluating legal doctrines. …
Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins
Agenda Power In Brazil’S Camara Dos Deputados, 1989-98, Octavio Amorim Neto, Gary W. Cox, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Intellectual Property Rights And The International Treaty On Plant Genetic Resources For Food And Agriculture, Laurence R. Helfer
Intellectual Property Rights And The International Treaty On Plant Genetic Resources For Food And Agriculture, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Cosmetic Compliance And The Failure Of Negotiated Governance, Kimberly D. Krawiec
Cosmetic Compliance And The Failure Of Negotiated Governance, Kimberly D. Krawiec
Faculty Scholarship
Across a range of legal regimes - including environmental, tort, employment discrimination, corporate, securities, and health care law - United States law reduces or eliminates enterprise liability for those organizations that can demonstrate the existence of "effective" internal compliance structures. Presumably, this legal standard rests on an assumption that internal compliance structures reduce the incidence of prohibited conduct within organizations. This Article demonstrates, however, that little evidence exists to support that assumption. In fact, a growing body of evidence indicates that internal compliance structures do not deter prohibited conduct within firms and may largely serve a window-dressing function that provides …
Foreword: The Myth Of The Liberal Ninth Circuit, Erwin Chemerinsky
Foreword: The Myth Of The Liberal Ninth Circuit, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Asbestos Legislation I: A Defined Contribution Plan, Francis Mcgovern
Asbestos Legislation I: A Defined Contribution Plan, Francis Mcgovern
Faculty Scholarship
No abstract provided.
Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky
Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
New Dimensions In Sentencing Reform In The Twenty-First Century, Robert P. Mosteller
New Dimensions In Sentencing Reform In The Twenty-First Century, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn
Wto Compassion Or Superiority Complex?:What To Make Of The Wto Waiver For “Conflict Diamonds”, Joost H. B. Pauwelyn
Faculty Scholarship
In May 2003, the WTO granted a waiver for trade restrictions imposed on WTO members not participating in the Kimberley Certification Scheme combating so-called "conflict diamonds." This Article examines the implications of this waiver decision. It argues that GATT/TBT provisions may already excuse the trade restrictions at issue, especially now that the UN Security Council has explicitly supported them. The waiver, therefore, risks sending out the wrong signals, confirming a WTO "superiority complex." At the same time, by excluding restrictions between Kimberley participants from its scope, the waiver implies that WTO members considered the Kimberley scheme to be a non-WTO …
Environmental Tribalism, James Salzman, Douglas A. Kysar
Environmental Tribalism, James Salzman, Douglas A. Kysar
Faculty Scholarship
No abstract provided.
Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles
Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles
Faculty Scholarship
Reviewing, Bruce Ackerman & Ian Ayers, Voting with Dollars: A New Paradigm for Campaign Finance (2002)
Book Review: Dekker, The Invisible Line, Joseph Blocher
Book Review: Dekker, The Invisible Line, Joseph Blocher
Faculty Scholarship
Reviewing Henri A.L. Dekker, The Invisible Line: Land Reform, Land Tenure Security and Land Registration (2003)
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
Faculty Scholarship
Legal academics often perceive law and economics (L&E) and critical race theory (CRT) as oppositional discourses. Using a recently published collection of essays on CRT as a starting point, we argue that the understanding of workplace discrimination can be furthered through a collaboration between L&E and CRT. L&E's strength is in its attention to incentives and norms, specifically its concern with explicating how norms incentivize behavior. Its limitation is that it treats race as exogenous and static. Thus, the literature fails to consider how institutional norms affect, and are affected by, race. To put the point another way, L&E does …
Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky
Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
A Comment On New York Times V. Tasini, David L. Lange
A Comment On New York Times V. Tasini, David L. Lange
Faculty Scholarship
No abstract provided.