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Vol. 52, No. 06 (February 20, 2017), 2017 Maurer School of Law: Indiana University

Vol. 52, No. 06 (February 20, 2017)

Indiana Law Annotated

No abstract provided.


Moore V. Texas: Balancing Medical Advancements With Judicial Stability, Emily Taft 2017 Duke Law

Moore V. Texas: Balancing Medical Advancements With Judicial Stability, Emily Taft

Duke Journal of Constitutional Law & Public Policy Sidebar

In Moore v. Texas, the Supreme Court will consider whether the Eighth Amendment requires States to adhere to a particular organization’s most recent clinical definition of intellectual disability in determining whether a person is exempt from the death penalty under Atkins v. Virginia and Hall v. Florida. Generally, the Supreme Court has carved away at the death penalty with each new case it takes. This commentary argues that the Supreme Court should not continue that trend in this case and should find for Texas because the state’s intellectual disability determination is consistent with the Eighth Amendment under Atkins ...


Flight Risk Or Danger To The Community? Rodriguez And The Protection Of Civil Liberties In The U.S. Immigration System, Charlie Kazemzadeh 2017 Duke Law

Flight Risk Or Danger To The Community? Rodriguez And The Protection Of Civil Liberties In The U.S. Immigration System, Charlie Kazemzadeh

Duke Journal of Constitutional Law & Public Policy Sidebar

Upon arrival to the United States, foreign nationals are required to prove beyond a doubt that they comply with the various requirements for admission into the country. For those who fail to meet this standard, there are only two options: accept immediate removal to their country of origin, or fight removal. For many who contest their deportation, their fate is civil incarceration until their case is adjudicated, which can take several years. The case of Jennings v. Rodriguez addresses the constitutionality of prolonged civil incarceration without the access of mandatory, periodic bond hearings for these individuals.


The Shifting Tides Of Merger Litigation, Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon, Randall S. Thomas 2017 U.S. Securities and Exchange Commission

The Shifting Tides Of Merger Litigation, Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon, Randall S. Thomas

Faculty Scholarship

In 2015, Delaware made several important changes to its laws concerning merger litigation. These changes, which were made in response to a perception that levels of merger litigation were too high and that a substantial proportion of merger cases were not providing value, raised the bar, making it more difficult for plaintiffs to win a lawsuit challenging a merger and more difficult for plaintiffs’ counsel to collect a fee award.

We study what has happened in the courts in response to these changes. We find that the initial effect of the changes has been to decrease the volume of merger ...


Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff 2017 University of Pennsylvania Law School

Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff

Faculty Scholarship

Top law firms are notoriously competitive, fighting for prime clients and matters. But some of the most elite firms are also deeply cooperative, willingly sharing key details about their finances and strategy with their rivals. More surprisingly, they pay handsomely to do so. Nearly half of the AmLaw 100 and 200 belong to mutual insurance organizations that require member firms to provide capital; partner time; and important information about their governance, balance sheets, risk management, strategic plans, and malpractice liability. To answer why these firms do so when there are commercial insurers willing to provide coverage with fewer burdens, we ...


Inside Unlv, Gian Galassi, Jennifer Vaughan, Carol C. Harter, Richard Flaherty, Rebecca Mills 2017 University of Nevada, Las Vegas

Inside Unlv, Gian Galassi, Jennifer Vaughan, Carol C. Harter, Richard Flaherty, Rebecca Mills

Rebecca Mills

No abstract provided.


Banks And Banking–12 U.S.C. Section 85–The Broadened Power Of National Banks Regarding Interest Rates On Credit Card Transactions, Lucrecia Ann Henderson 2017 Selected Works

Banks And Banking–12 U.S.C. Section 85–The Broadened Power Of National Banks Regarding Interest Rates On Credit Card Transactions, Lucrecia Ann Henderson

Ann Henderson

No abstract provided.


The New Old Legal Realism, Mitu Gulati, Tracey E. George, Ann McGinley 2017 Duke Law School

The New Old Legal Realism, Mitu Gulati, Tracey E. George, Ann Mcginley

Tracey George

Do the decisions of appellate courts matter in the real world? The American judicial system, legal education, and academic scholarship are premised on the view that they do. The authors want to reexamine this question by taking the approach advocated by the original Legal Realists. The current project seeks to add to our knowledge of the relevance of case law by focusing on an area that has received little examination: how pronouncements about employment discrimination law by appellate courts translate into understandings and behavior at the ground level. As our lens, we use evidence of how people talk about the ...


The Futility Of Appeal: Disciplinary Insights Into The "Affirmance Effect" On The Unitest States Courts Of Appeals, Chris Guthrie, Tracey E. George 2017 Selected Works

The Futility Of Appeal: Disciplinary Insights Into The "Affirmance Effect" On The Unitest States Courts Of Appeals, Chris Guthrie, Tracey E. George

Tracey George

No abstract provided.


The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. McGinley 2017 Vanderbilt Law School

The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley

Tracey George

Do the decisions of appellate courts matter in the real world? The American judicial system, legal education, and academic scholarship are premised on the view that they do. The authors want to reexamine this question by taking the approach advocated by the original Legal Realists. The current project seeks to add to our knowledge of the relevance of case law by focusing on an area that has received little examination: how pronouncements about employment discrimination law by appellate courts translate into understandings and behavior at the ground level. As our lens, we use evidence of how people talk about the ...


Other Disciplines, Methodologies, And Countries: Studying Courts And Crisis, Tracey E. George 2017 Selected Works

Other Disciplines, Methodologies, And Countries: Studying Courts And Crisis, Tracey E. George

Tracey George

No abstract provided.


Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon 2017 Selected Works

Article I Judges In An Article Iii World: The Career Path Of Magistrate Judges, Tracey E. George, Albert H. Yoon

Tracey George

No abstract provided.


An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George 2017 Vanderbilt University

An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George

Tracey George

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Secondary Break: Dealing With Aids In Professional Sports After The Initial Response To Magic Johnson, Tracey E. George 2017 Selected Works

Secondary Break: Dealing With Aids In Professional Sports After The Initial Response To Magic Johnson, Tracey E. George

Tracey George

No abstract provided.


From Judge To Justice: Social Background Theory And The Supreme Court, Tracey E. George 2017 Selected Works

From Judge To Justice: Social Background Theory And The Supreme Court, Tracey E. George

Tracey George

No abstract provided.


Courts Of Good And Ill Repute: Garoupa And Ginsburg’S Judicial Reputation: A Comparative Theory, Tracey E. George, G. Mitu Gulati 2017 Duke Law School

Courts Of Good And Ill Repute: Garoupa And Ginsburg’S Judicial Reputation: A Comparative Theory, Tracey E. George, G. Mitu Gulati

Tracey George

Nuno Garoupa and Tom Ginsburg have published an ambitious book that seeks to account for the great diversity of judicial systems based, in part, on how courts are designed to marshal the power of a high public opinion of the judiciary. Judges, the book posits, care deeply about their reputations both inside and outside the courts. Courts are designed to capitalize on judges’ desire to maximize their reputation, and judges’ existing stock of reputation can affect the design of the courts which they serve. We find much to like in this book, ranging from its intriguing and ambitious positive claims ...


Remaking The United States Supreme Court In The Courts’ Of Appeals Image, Tracey E. George, Chris Guthrie 2017 Selected Works

Remaking The United States Supreme Court In The Courts’ Of Appeals Image, Tracey E. George, Chris Guthrie

Tracey George

We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decisionmaking, and retaining an en banc procedure for select cases. In so doing, Congress would expand the Court's capacity to decide cases, facilitating enhanced clarity and consistency in the law as well as heightened monitoring of lower courts and the other branches. Remaking the Court in this way would not only expand the Court's decisionmaking capacity but also improve the Court's composition, competence, and functioning.


Changing People's Preferences By The State And The Law, Robert Cooter, Ariel Porat 2017 Berkeley Law

Changing People's Preferences By The State And The Law, Robert Cooter, Ariel Porat

Law, Economics, & Business Workshop

No abstract provided.


Workplace Pollution: Nuclear Safety, Ethics, And The Exploitation--Avoidance Argument, Kristin Shrader-Frechette 2017 University of New Hampshire

Workplace Pollution: Nuclear Safety, Ethics, And The Exploitation--Avoidance Argument, Kristin Shrader-Frechette

RISK: Health, Safety & Environment

The author reviews evidence of poor worker health and safety practices in United States Department of Energy nuclear facilities in contending that less protective standards for workplace hazards constitute an environmental injustice not rectified by a hazard pay premium.


Table Of Contents Volume 12, Number 3/4, Fall 2001, Risk Editorial Board 2017 University of New Hampshire

Table Of Contents Volume 12, Number 3/4, Fall 2001, Risk Editorial Board

RISK: Health, Safety & Environment

Table of contents for the journal RISK: Health, Safety & Environment (ISSN: 1073-8673)


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