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384,831 full-text articles. Page 6586 of 6709.

Foreign Affairs Legalism: A Critique, Eric A. Posner, Daniel Abebe 2010 University of Chicago

Foreign Affairs Legalism: A Critique, Eric A. Posner, Daniel Abebe

Public Law and Legal Theory Working Papers

Foreign affairs legalism, the dominant approach in academic scholarship on foreign relations law, holds that courts should abandon their traditional deference to the executive in foreign relations, and that courts and Congress should take a more activist


Appellate Courts And Independent Experts, Douglas H. Ginsburg 2010 Case Western Reserve University School of Law

Appellate Courts And Independent Experts, Douglas H. Ginsburg

Case Western Reserve Law Review

No abstract provided.


Judicial Abdication And Equal Access To The Civil Justice System, Gene R. Nichol Jr. 2010 Case Western Reserve University School of Law

Judicial Abdication And Equal Access To The Civil Justice System, Gene R. Nichol Jr.

Case Western Reserve Law Review

No abstract provided.


What's In A Name: Can The Partnership Anti-Abuse Rule Really Stop Partnership Tax Abuse ?, Andrea Monroe 2010 Case Western Reserve University School of Law

What's In A Name: Can The Partnership Anti-Abuse Rule Really Stop Partnership Tax Abuse ?, Andrea Monroe

Case Western Reserve Law Review

No abstract provided.


Volume 60 Issue 4 (2010), Case Western Reserve University Law Review 2010 Case Western Reserve University School of Law

Volume 60 Issue 4 (2010), Case Western Reserve University Law Review

Case Western Reserve Law Review

No abstract provided.


Introduction, B. Jessie Hill 2010 Case Western Reserve University School of Law

Introduction, B. Jessie Hill

Case Western Reserve Law Review

No abstract provided.


Masthead, Volume 61 Issue 1 (2010) 2010 Case Western Reserve University School of Law

Masthead, Volume 61 Issue 1 (2010)

Case Western Reserve Law Review

No abstract provided.


Diachronic Constitutionalism: A Remedy For The Court's Originalist Fixation, Geoffrey Schotter 2010 Case Western Reserve University School of Law

Diachronic Constitutionalism: A Remedy For The Court's Originalist Fixation, Geoffrey Schotter

Case Western Reserve Law Review

No abstract provided.


Lawyer Independence: From Ideal To Viable Legal Standard, Kevin H. Michels 2010 Case Western Reserve University School of Law

Lawyer Independence: From Ideal To Viable Legal Standard, Kevin H. Michels

Case Western Reserve Law Review

No abstract provided.


Getting Back To The Purpose: Analyzing Jones V. Harris Associates L.P. In Light Of Section 1(B) Of The Investment Company Act, Oladotun O. Obadina 2010 Marquette University Law School

Getting Back To The Purpose: Analyzing Jones V. Harris Associates L.P. In Light Of Section 1(B) Of The Investment Company Act, Oladotun O. Obadina

Marquette Law Review

In Section 1(b) of the Investment Company Act, Congress expressly provides courts with a guide as to how its provisions should be interpreted. Congress lists a series of ways that investors participating in investment companies are adversely affected. It then expressly declares that interpreters of the Investment Company Act should construe its provisions to mitigate—and where possible, eliminate—these adverse effects. This Comment contends that Congress’ explicit statement in Section 1(b) of the Investment Company Act, detailing how the Act should be construed, ought to be a guide in interpreting its provisions, even under a textualist statutory ...


Easterbrook On Academic Freedom, Aziz Huq 2010 University of Chicago

Easterbrook On Academic Freedom, Aziz Huq

Journal Articles

No abstract provided.


Temporal Imperialism, Alison LaCroix 2010 University of Chicago

Temporal Imperialism, Alison Lacroix

Journal Articles

Issues of time and temporality pervade American constitutional adjudication, at both a doctrinal and a broader, structural level. The doctrinal issue concerns the extent to which judicial decisions operate forward, backward, or some combination of both across time. The structural issue concerns the related and overarching question of how the Supreme Court, as a court, operates in time, and the temporal division of authority between courts and legislatures. In both contexts, the Supreme Court is an actor in time. This Article examines the Court's treatment of temporal issues through three case studies: (1) a pair of early decisions in ...


Executive Power In Political And Corporate Contexts, Richard A. Epstein 2010 University of Chicago

Executive Power In Political And Corporate Contexts, Richard A. Epstein

Journal Articles

No abstract provided.


Ambiguous Statutes, Saul Levmore 2010 University of Chicago

Ambiguous Statutes, Saul Levmore

Journal Articles

No abstract provided.


Nra V. City Of Chicago : Does The Second Amendment Bind Frank Easterbrook?, Richard A. Epstein 2010 University of Chicago

Nra V. City Of Chicago : Does The Second Amendment Bind Frank Easterbrook?, Richard A. Epstein

Journal Articles

No abstract provided.


The Judiciary And The Academy: A Fraught Relationship, Richard A. Posner 2010 University of Chicago Law School

The Judiciary And The Academy: A Fraught Relationship, Richard A. Posner

Journal Articles

No abstract provided.


What Judges Think Of The Quality Of Legal Representation, Richard A. Posner, Albert H. Yoon 2010 University of Chicago Law School

What Judges Think Of The Quality Of Legal Representation, Richard A. Posner, Albert H. Yoon

Journal Articles

Studying the legal profession poses several challenges. The evolution of law has moved lawyers away from a generalist practice towards increased specialization. This makes it difficult to compare lawyers across different practice areas meaningfully and to provide a comprehensive assessment of the legal profession. Judges are well situated to provide such an evaluation, given their experience and scope of cases. This Article reports the responses of federal and state judges to a survey we conducted in 2008. The questions relate to their perceptions of the quality of legal representation, generally and in criminal and civil cases; how the quality of ...


What Feminists Have To Lose In Same-Sex Marriage Litigation, Mary Anne Case 2010 University of Chicago

What Feminists Have To Lose In Same-Sex Marriage Litigation, Mary Anne Case

Journal Articles

This Article highlights both the rewards in accepting and the risks in rejecting a claim of sex discrimination as one constitutional basis for invalidating restrictions on marriage for same-sex couples. It argues that recognition of same-sex marriage and elimination of enforced sex roles are as inextricably intertwined as the duck is with the rabbit in the famous optical illusion. As the Article demonstrates, this has long been clear to opponents, from the pope to David Blankenhorn, but needs to become as clear to proponents and to judges deciding same-sex marriage cases if we are to preserve and extend the liberty ...


Judges As Honest Agents, Frank H. Easterbrook 2010 University of Chicago Law School

Judges As Honest Agents, Frank H. Easterbrook

Journal Articles

No abstract provided.


Carbon Dioxide: Our Newest Pollutant, Richard A. Epstein 2010 University of Chicago

Carbon Dioxide: Our Newest Pollutant, Richard A. Epstein

Journal Articles

No abstract provided.


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