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Full-Text Articles in Law

Selling The Name On The Schoolhouse Gate : The First Amendment And The Sale Of Public School Naming Rights, Joseph Blocher Jan 2006

Selling The Name On The Schoolhouse Gate : The First Amendment And The Sale Of Public School Naming Rights, Joseph Blocher

Faculty Scholarship

No abstract provided.


Arthur Taylor Von Mehren, 10. August 1922 - 17. January 2006, Ralf Michaels, Giesela Rühl Jan 2006

Arthur Taylor Von Mehren, 10. August 1922 - 17. January 2006, Ralf Michaels, Giesela Rühl

Faculty Scholarship

No abstract provided.


The Just And The Wild, Laura S. Underkuffler Jan 2006

The Just And The Wild, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.


Public Symbol In Private Contract: A Case Study, Mitu Gulati, Anna Gelpern Jan 2006

Public Symbol In Private Contract: A Case Study, Mitu Gulati, Anna Gelpern

Faculty Scholarship

This Article revisits a recent shift in standard form sovereign bond contracts to promote collective action among creditors. Major press outlets welcomed the shift as a milestone in fighting financial crises that threatened the global economy. Officials said it was a triumph of market forces. We turned to it for insights into contract change and crisis management. This article is based on our work in the sovereign debt community, including over 100 interviews with investors, lawyers, economists, and government officials. Despite the publicity surrounding contract reform, in private few participants described the substantive change as an effective response to financial ...


Better Regulation In Europe, Jonathan B. Wiener Jan 2006

Better Regulation In Europe, Jonathan B. Wiener

Faculty Scholarship

"Better Regulation" is afoot in Europe. After several transatlantic conflicts over regulatory topics such as the precautionary principle, genetically modified foods, and climate change, Europe and America now appear to be converging on the analytic basis for regulation. In a process of hybridization, European institutions are borrowing "Better Regulation" reforms from both the US approach to regulatory review using benefit-cost analysis and from European member states' initiatives on administrative costs and simplification; in turn the European Commission is helping to spread these reforms among the member states. In many respects, the Better Regulation initiative promises salutary reforms, such as wider ...


“Inextricably Intertwined” Explicable At Last?: Rooker-Feldman Analysis After The Supreme Court’S Exxon Mobil Decision, Thomas D. Rowe Jr., Edward L. Baskauskas Jan 2006

“Inextricably Intertwined” Explicable At Last?: Rooker-Feldman Analysis After The Supreme Court’S Exxon Mobil Decision, Thomas D. Rowe Jr., Edward L. Baskauskas

Faculty Scholarship

The Supreme Court's March 2005 decision in 'Exxon Mobil Corp. v. Saudi Basic Industries Corp.' substantially limited the "Rooker-Feldman" doctrine, under which lower federal courts largely lack jurisdiction to engage in what amounts to de facto review of state-court decisions. Exxon Mobil's holding is quite narrow--entry of a final state-court judgment does not destroy federal-court jurisdiction already acquired over parallel litigation. But the Court's articulation of when Rooker-Feldman applies, and its approach in deciding the case, have significant implications for several aspects of Rooker-Feldman jurisprudence. Chief among our claims is that although the Court did not expressly ...


Grand Visions In An Age Of Conflict, H. Jefferson Powell Jan 2006

Grand Visions In An Age Of Conflict, H. Jefferson Powell

Faculty Scholarship

Last spring Professor Laurence H. Tribe commented that federal constitutional law is in a state of intellectual disarray: "[I]n area after area, we find ourselves at a fork in the road--a point at which it's fair to say things could go in any. of several directions" and we have "little common ground from which to build agreement." No doubt fortuitously, two of our most formidable constitutional scholars, Akhil R. Amar and Jed Rubenfeld, have recently published systematic studies that implicitly challenge Tribe's conclusion that "ours [is] a peculiarly bad time to be going out on a limb ...


The Rat Race As An Information Forcing Device, Mitu Gulati, Scott Baker, Stephen J. Choi Jan 2006

The Rat Race As An Information Forcing Device, Mitu Gulati, Scott Baker, Stephen J. Choi

Faculty Scholarship

In many job settings, there will be some promotion criteria that are less amenable to measurement than others. Often, what is difficult to measure is more important. For example, possessing "good judgment" under pressure may be a better predictor of success as a law firm partner than the ability to bill a vast amount of hours. The first puzzle that this essay explores is why, in some promotion settings, organizations appear to focus on less important, but measurable, criteria such as hours billed. The answer lies in the relationship between the objectively measurable criteria on the one hand, and the ...


History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah Purdy Jan 2006

History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah Purdy

Faculty Scholarship

Comment on Carol Rose's 2005 Childress Lecture


Contract As Statute, Mitu Gulati, Stephen J. Choi Jan 2006

Contract As Statute, Mitu Gulati, Stephen J. Choi

Faculty Scholarship

Formalists contend that courts should apply strict textual analysis in interpreting contracts between sophisticated commercial parties. Sophisticated parties have the expertise and means to record their intentions in writing, reducing the litigation and uncertainty costs surrounding incomplete contracts. Moreover, to the extent courts misinterpret contracts, sophisticated parties may simply rewrite their contracts to clarify their true intent. We argue that the formalist approach imposes large costs on even sophisticated parties in the context of boilerplate contracts. Where courts make errors in interpreting boilerplate terms, parties face large collective action problems in rewriting existing boilerplate provisions. Any single party that attempts ...


A Tribute To Mel Shimm, Barak D. Richman Jan 2006

A Tribute To Mel Shimm, Barak D. Richman

Faculty Scholarship

No abstract provided.


The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett Jan 2006

The Role Of Military Tribunals Under The Law Of War, Robinson O. Everett

Faculty Scholarship

No abstract provided.


Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer Jan 2006

Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer

Faculty Scholarship

This Article uses an interdisciplinary approach to explain why the International Labor Organization (ILO) has been given surprisingly short shrift in recent debates over the role of IOs in addressing the many transborder collective action problems that globalization has fostered. I review the ILO's past and its present with two broad objectives in mind. First, I seek to correct a misperception among international lawyers and legal scholars that the ILO is a weak and ineffective institution. The organization's effectiveness in creating and monitoring international labor standards has fluctuated widely during its nearly ninety-year existence. Over the last decade ...


For Lash: Who Asks The Right Questions, H. Jefferson Powell Jan 2006

For Lash: Who Asks The Right Questions, H. Jefferson Powell

Faculty Scholarship

A Tribute to Lewis H. LaRue


The Rehnquist Court And The Death Penalty, Erwin Chemerinsky Jan 2006

The Rehnquist Court And The Death Penalty, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


How Communities Create Economic Advantage: Jewish Diamond Merchants In New York, Barak D. Richman Jan 2006

How Communities Create Economic Advantage: Jewish Diamond Merchants In New York, Barak D. Richman

Faculty Scholarship

This paper argues that Jewish merchants have historically dominated the diamond industry because of their ability to reliably implement diamond credit sales. Success in the industry requires enforcing executory agreements that are beyond the reach of public courts, and Jewish diamond merchants enforce such contracts with a reputation mechanism supported by a distinctive set of industry, family, and community institutions. An industry arbitration system publicizes promises that are not kept. Intergenerational legacies induce merchants to deal honestly through their very last transaction, so that their children may inherit valuable livelihoods. And ultra-Orthodox Jews, for whom participation in their communities is ...


Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel Jan 2006

Commandeering And Its Alternatives: A Federalism Perspective, Neil S. Siegel

Faculty Scholarship

This inquiry argues that current Tenth Amendment jurisprudence causes net harm to federalism values under certain circumstances. Specifically, New York v. United States and Printz v. United States protect state autonomy to some extent by requiring the federal government to internalize more of the costs of federal regulation before engaging in regulation, and by addressing any accountability problems that commandeering can cause. But anticommandeering doctrine harms state autonomy in situations where the presence of the rule triggers more preemption going forward. Preemption generally causes a greater compromise of federalism values than does commandeering by eroding state regulatory control. While it ...


Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler Jan 2006

Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.


The Sometimes-Taxation Of The Returns To Risk-Bearing Under A Progressive Income Tax, Lawrence A. Zelenak Jan 2006

The Sometimes-Taxation Of The Returns To Risk-Bearing Under A Progressive Income Tax, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman Jan 2006

Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman

Faculty Scholarship

This article first sets out the child welfare system's assumption that there is a child welfare exception to the Fourth Amendment and then describes the ways it is used to facilitate child maltreatment investigations. It goes on to analyze the validity of this assumption according to current Fourth Amendment doctrine including under the special needs administrative exception. (This analysis may be particularly useful to both family/children's law scholars as well as to Fourth Amendment scholars, as it examines all of the state and federal appellate cases addressing the subject, and provides a most up-to-date evaluation of the ...


A Model State Mass Tort Settlement Statute, Francis Mcgovern Jan 2006

A Model State Mass Tort Settlement Statute, Francis Mcgovern

Faculty Scholarship

Abstract not available


Testamentary Incorrectness: A Review Essay, Paul D. Carrington Jan 2006

Testamentary Incorrectness: A Review Essay, Paul D. Carrington

Faculty Scholarship

Reviewing Samuel P. King & Randall W. Roth, Broken Trust: Greed, Mismanagement, & Political Manipulation at America's Largest Charitable Trust (2006)


Federalism Cases In The October 2004 Term, Erwin Chemerinsky Jan 2006

Federalism Cases In The October 2004 Term, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Privacy, Power, And Humiliation At Work: Re-Examining Appearance Regulation As An Invasion Of Privacy, Catherine Fisk Jan 2006

Privacy, Power, And Humiliation At Work: Re-Examining Appearance Regulation As An Invasion Of Privacy, Catherine Fisk

Faculty Scholarship

Workplace rules that deny fundamental aspects of personal autonomy are (in many states) and should be actionable invasions of privacy. Perhaps nowhere is the invasion more keenly felt than when an employer demands, under penalty of forfeiting one's livelihood, that one dress or alter one's physical appearance in a way that one finds offensive, degrading, inappropriate, or alien. Clothes and appearance are constitutive of how we see and feel about ourselves and how we construct ourselves for the rest of the world to see. Conventions of appearance for women and men, for racial, ethnic, and religious groups express ...


Punitive Damage Awards In Pet-Death Cases: How Do The Ratio Rules Of State Farm V. Campbell Apply?, William A. Reppy Jr. Jan 2006

Punitive Damage Awards In Pet-Death Cases: How Do The Ratio Rules Of State Farm V. Campbell Apply?, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.


Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder Jan 2006

Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr. Jan 2006

Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Some Modest Uses Of Transnational Legal Perspectives In First-Year Constitutional Law, Neil S. Siegel Jan 2006

Some Modest Uses Of Transnational Legal Perspectives In First-Year Constitutional Law, Neil S. Siegel

Faculty Scholarship

In this essay, Prof. Siegel identifies several uses of transnational perspectives in first-year constitutional law: (1) comparing American constitutional arrangements to those in other countries; (2) teaching international law and foreign legal experiences when relevant to U.S. litigation in the "war on terror"; and (3) examining the U.S. Supreme Court's invocations of foreign legal practices. These uses are illustrated with examples from doctrinal areas that are covered in his course. While each use serves a distinct pedagogical purpose, cumulatively they underscore the increasing importance of transnational legal perspectives in U.S. constitutional law. He concludes, however, with ...


Private Law And The State: Comparative Perceptions And Historic Observations, Ralf Michaels, Nils Jansen Jan 2006

Private Law And The State: Comparative Perceptions And Historic Observations, Ralf Michaels, Nils Jansen

Faculty Scholarship

The relation of private law to the state is one of the most complex aspects of the challenges posed for the law by Europeanization and globalization. It is not only distinct from that between public law and the state; it is also not the same in different legal systems. This article provides a historical and comparative overview of this relation in Germany and in the United States. It analyses the historical conditions and reasons for which the state became the ultimate source of authority for private law in Europe but remained largely without importance for doctrinal discussions and jurisprudential decisions ...


Does The Plaintiff Matter?: An Empirical Analysis Of Lead Plaintiffs In Securities Class Actions, James D. Cox, Randall S. Thomas, Dana Kiku Jan 2006

Does The Plaintiff Matter?: An Empirical Analysis Of Lead Plaintiffs In Securities Class Actions, James D. Cox, Randall S. Thomas, Dana Kiku

Faculty Scholarship

With the enactment of the Private Securities Litigation Reform Act of 1995 (PSLR) the U.S. Congress introduced sweeping substantive and procedural reforms for securities class actions. A central provision of the Act is the lead plaintiff provision, which creates a rebuttable presumption that the investor with the largest financial interest in a securities fraud class action should be appointed the lead plaintiff for the suit. The lead plaintiff provision was adopted to encourage a class member with a large financial stake to become the class representative. Congress expected that such a plaintiff would actively monitor the conduct of a ...