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6,169 full-text articles. Page 1 of 144.

Thin Rationality Review, Jacob Gersen, Adrian Vermeule 2016 Harvard Law School

Thin Rationality Review, Jacob Gersen, Adrian Vermeule

Michigan Law Review

Under the Administrative Procedure Act, courts review and set aside agency action that is “arbitrary [and] capricious.” In a common formulation of rationality review, courts must either take a “hard look” at the rationality of agency decisionmaking, or at least ensure that agencies themselves have taken a hard look. We will propose a much less demanding and intrusive interpretation of rationality review—a thin version. Under a robust range of conditions, rational agencies have good reason to decide in a manner that is inaccurate, nonrational, or arbitrary. Although this claim is seemingly paradoxical or internally inconsistent, it simply rests on ...


Kermit Gosnell And Uncle Tom's Cabin, Michael Stokes Paulsen 2016 University of St. Thomas School of Law

Kermit Gosnell And Uncle Tom's Cabin, Michael Stokes Paulsen

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


A Conversation With Former United States Attorney General Edwin Meese, Iii, Daniel D. Ehrlich 2016 University of St. Thomas, Minnesota

A Conversation With Former United States Attorney General Edwin Meese, Iii, Daniel D. Ehrlich

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Slippery Slope And Its Tendency To Result In Poor Policy Decisions, P. Casey Hall 2016 University of St. Thomas, Minnesota

The Slippery Slope And Its Tendency To Result In Poor Policy Decisions, P. Casey Hall

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Beautiful Winds Of Change: Do Bush's Recent Supreme Court Appointees Mean The End Of Face?, Mattei Radu 2016 University of St. Thomas, Minnesota

Beautiful Winds Of Change: Do Bush's Recent Supreme Court Appointees Mean The End Of Face?, Mattei Radu

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Should We Tax The Gratuitous Transfer Of Wealth?: An Introduction, James R. Repetti 2016 Boston College Law School

Should We Tax The Gratuitous Transfer Of Wealth?: An Introduction, James R. Repetti

Boston College Law Review

The estate tax was enacted because of concerns about the impact of large concentrations of dynastic wealth on the political process. As discussed in this commentary, which reviews the Symposium articles by Paul Caron, David Joulfaian, and Jennifer Bird-Pollan, recent research by political scientists supports the legitimacy of these concerns. In addition, a significant body of studies suggests that inequality has a long-term negative impact on growth. Paul Caron observes in his article that progressivity in our tax system has been decreasing and that the estate tax was 60% or higher for fifty years (1934–1983), a rate much higher ...


Jurisprudence - A Teaching Problem, Miriam T. Rooney 2016 St. John's University School of Law

Jurisprudence - A Teaching Problem, Miriam T. Rooney

The Catholic Lawyer

No abstract provided.


Government Under Law, Right Reverend Monsignor Robert J. White 2016 St. John's University School of Law

Government Under Law, Right Reverend Monsignor Robert J. White

The Catholic Lawyer

No abstract provided.


The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris 2016 University of Georgia School of Law

The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn 2016 University of Georgia School of Law

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


Some Structural Dilemmas Of World Organization, C. Wilfred Jenks 2016 International Labor Organization

Some Structural Dilemmas Of World Organization, C. Wilfred Jenks

Georgia Journal of International & Comparative Law

No abstract provided.


The Rules Of The Game And The Morality Of Efficient Breach, Gregory Klass 2016 Georgetown University Law Center

The Rules Of The Game And The Morality Of Efficient Breach, Gregory Klass

Georgetown Law Faculty Publications and Other Works

Moralists have long criticized the theory of efficient breach for its advocacy of promise breaking. But a fully developed theory of efficient breach has an internal morality of its own. It argues that sophisticated parties contract for efficient breach, which in the long run maximizes everyone’s welfare. And the theory marks some breaches—those that are opportunistic, obstructive, or otherwise inefficient—as wrongs that the law should deter, as transgressions that should not be priced but punished. That internal morality, however, does not excuse the theory from moral scrutiny. An extended comparison to Jean Renoir’s 1939 film, La ...


Examining Universal Jurisdiction, Sondra Anton 2016 Washington University in St Louis

Examining Universal Jurisdiction, Sondra Anton

Washington University Undergraduate Law Review

This article considers the heightened debate over the role of universal jurisdiction within international law, and concludes it should not be judged based on the appropriateness or foundation set by remote precedents. Given the clear disregard for physical integrity rights repeatedly demonstrated by even the most “democratic” of modern governments, it is more pressing than ever to develop universal jurisdiction and ensure the norm’s institutionalization in practice.


Why There Is Widespread Nonmoral Theoretical Disagreement In Law.Pdf, Alani Golanski 2016 Weitz & Luxenberg, P.C.

Why There Is Widespread Nonmoral Theoretical Disagreement In Law.Pdf, Alani Golanski

Alani Golanski

In this chapter, I try to hone the idea that constraints existing in law by virtue of its institutional nature render nonmoral theoretical disagreement widely possible, and frequently actual.  This is because theoretical disputes in law are, in the first instance and as a widespread phenomenon, best understood as nonmoral controversies over the standards for determining (1) whether the existing legal materials are sufficiently "directed at" the present circumstances, and (2) whether they provide a solution to the new matter with sufficient exactness.

If these insights make sense, they should provide a response to the powerful challenge to legal positivism ...


The Teaching Of International Law, Myres S. McDougal 2016 Yale Law School

The Teaching Of International Law, Myres S. Mcdougal

Georgia Journal of International & Comparative Law

No abstract provided.


The Teaching Of International Law, Edward McWhinney 2016 Institut de Droit International

The Teaching Of International Law, Edward Mcwhinney

Georgia Journal of International & Comparative Law

No abstract provided.


The Teaching Of International Law, Ian Brownlie 2016 University of Oxford

The Teaching Of International Law, Ian Brownlie

Georgia Journal of International & Comparative Law

No abstract provided.


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber 2016 Columbia University

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber

Georgia Journal of International & Comparative Law

No abstract provided.


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings 2016 Cambridge University

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Richard A. Falk 2016 Princeton University

The Place Of Policy In International Law, Richard A. Falk

Georgia Journal of International & Comparative Law

No abstract provided.


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