Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (273)
- Fordham Law School (261)
- University of Michigan Law School (257)
- Duke Law (230)
- University of Maryland Francis King Carey School of Law (210)
-
- William & Mary Law School (208)
- Loyola University Chicago, School of Law (206)
- University of Arkansas, Fayetteville (204)
- UC Law SF (191)
- Case Western Reserve University School of Law (189)
- Yeshiva University, Cardozo School of Law (179)
- University of Chicago Law School (172)
- University of Minnesota Law School (168)
- Maurer School of Law: Indiana University (167)
- Seton Hall University (164)
- Vanderbilt University Law School (160)
- Brigham Young University Law School (157)
- Georgetown University Law Center (154)
- Northwestern Pritzker School of Law (143)
- University of Richmond (137)
- Southern Methodist University (126)
- University of San Diego (124)
- University of Miami Law School (123)
- Marquette University Law School (121)
- Notre Dame Law School (121)
- Seattle University School of Law (121)
- University of Colorado Law School (121)
- University of Florida Levin College of Law (120)
- Columbia Law School (118)
- Cornell University Law School (118)
- Keyword
-
- Law (200)
- Human rights (156)
- FDA (121)
- Regulation (119)
- Public health (115)
-
- Health (103)
- Health care (96)
- Women (87)
- Climate change (86)
- Poverty (86)
- Children (85)
- Agriculture (80)
- Food (76)
- Health law (75)
- Legislation (74)
- Obesity (74)
- Abortion (71)
- Animal law (65)
- International Law (64)
- Right to die (63)
- United States (63)
- Constitutional law (58)
- Education (57)
- International law (57)
- Ethics (56)
- Intellectual property (56)
- Bioethics (54)
- COVID-19 (54)
- Medicaid (54)
- Discrimination (53)
- Publication Year
- Publication
-
- Faculty Scholarship (493)
- Articles (226)
- Faculty Publications (197)
- Journal of Food Law & Policy (190)
- Georgetown Law Faculty Publications and Other Works (129)
-
- Scholarly Works (89)
- Faculty Articles (81)
- Health Matrix: The Journal of Law-Medicine (77)
- Fordham Law Review (76)
- Journal of Criminal Law and Criminology (72)
- Student Works (72)
- Michigan Law Review (71)
- Journal Articles (68)
- UF Law Faculty Publications (67)
- UC Law Journal (65)
- Animal Law Review (64)
- Loyola Consumer Law Review (62)
- ExpressO (58)
- North Carolina Law Review (58)
- Scholarly Articles in Law Reviews & Journals (58)
- All Faculty Scholarship (56)
- Cardozo Law Review (56)
- Law and Contemporary Problems (56)
- Elisabeth Haub School of Law Faculty Publications (53)
- Washington Law Review (53)
- National Health Policy Forum (51)
- Vanderbilt Journal of Transnational Law (51)
- Annals of Health Law and Life Sciences (50)
- Cleveland State Law Review (50)
- Fordham Urban Law Journal (50)
- Publication Type
- File Type
Articles 7171 - 7200 of 10102
Full-Text Articles in Entire DC Network
Libertarian Paternalism Is Not An Oxymoron, Richard H. Thaler, Cass R. Sunstein
Libertarian Paternalism Is Not An Oxymoron, Richard H. Thaler, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
The idea of libertarian paternalism might seem to be an oxymoron, but it is both possible and legitimate for private and public institutions to affect behavior while also respecting freedom of choice. Often people’s preferences are ill-formed, and their choices will inevitably be influenced by default rules, framing effects, and starting points. In these circumstances, a form of paternalism cannot be avoided. Equipped with an understanding of behavioral findings of bounded rationality and bounded self-control, libertarian paternalists should attempt to steer people’s choices in welfare-promoting directions without eliminating freedom of choice. It is also possible to show how a libertarian …
Toward A More Communitarian Future? Fukuyama As The Fundamentalist Secular Humanist, June Carbone
Toward A More Communitarian Future? Fukuyama As The Fundamentalist Secular Humanist, June Carbone
Michigan Law Review
With The End of History and the Last Man, Francis Fukuyama established himself as the prophet of liberal democracy and free markets, heralding their triumph as the only form of governance capable of commanding legitimacy. Asked to reflect on his predictions a decade later, Fukuyama concluded that the greatest threat to liberalism comes from biotechnology because it alone has the potential to remake the human nature that liberal democracy was designed to serve. Fukuyama makes a compelling case that biotechnology may produce developments that should concern us; he is ironically less persuasive in articulating a liberal-democratic framework for governing the …
Reauthorizing Head Start: The Future Federal Role In Preschool Programs For The Poor, Jane Koppelman
Reauthorizing Head Start: The Future Federal Role In Preschool Programs For The Poor, Jane Koppelman
National Health Policy Forum
This paper describes the implications of President Bush’s proposal to devolve authority for running the Head Start program to the states and to alter the organization and funding of all government early childhood programs—with the goal of improving the school readiness skills of low-income children. The administration plan to allow states to mix Head Start funds with state-funded preschool money and, if desired, child care monies to create a more uniform early childhood care system with an educational focus raises numerous questions. This paper addresses questions raised by this plan, including the potential quality of these new systems, the extent …
Rights And Duties Of Childrearing, Peter Vallentyne
Rights And Duties Of Childrearing, Peter Vallentyne
William & Mary Bill of Rights Journal
No abstract provided.
Children's Associational Rights?: Why Less Is More, Emily Buss
Children's Associational Rights?: Why Less Is More, Emily Buss
William & Mary Bill of Rights Journal
No abstract provided.
Unlawful Combatants Or Prisoners Of War: The Law And Politics Of Labels, Manooher Mofidi, Amy E. Eckert
Unlawful Combatants Or Prisoners Of War: The Law And Politics Of Labels, Manooher Mofidi, Amy E. Eckert
Cornell International Law Journal
No abstract provided.
The Incoherence Of Punishment In Antitrust, Spencer Weber Waller
The Incoherence Of Punishment In Antitrust, Spencer Weber Waller
Chicago-Kent Law Review
Antitrust has a complex set of criminal and civil remedies enforced by a multiplicity of public and private actors. Antitrust remedies are frequently analyzed from the point of view of deterrence and compensation, but only rarely from the perspective of punishment. The few debates about punishment concern whether defendants are over-punished or under-punished. This Article analyzes a different question about punishment in antitrust—namely that total punishment in any given antitrust case varies dramatically for offenses with identical or similar status under the law and there is no a prioi way to predict punishment levels for a particular case or a …
Urban Biosphere Reserves: Integrating Conservation, Community And Sustainability, Jennifer L. Eastman
Urban Biosphere Reserves: Integrating Conservation, Community And Sustainability, Jennifer L. Eastman
William & Mary Environmental Law and Policy Review
No abstract provided.
Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue
Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Of Child Welfare And Welfare Reform: The Implications For Children When Contradictory Policies Collide, Kay P. Kindred
Of Child Welfare And Welfare Reform: The Implications For Children When Contradictory Policies Collide, Kay P. Kindred
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Meaning Of Educational Adequacy: The Confusion Of Derolph, Patricia F. First, Barbara Deluca
The Meaning Of Educational Adequacy: The Confusion Of Derolph, Patricia F. First, Barbara Deluca
The Journal of Law and Education
No abstract provided.
Transfer Regulations And Cost-Effectiveness Analysis, Eric A. Posner
Transfer Regulations And Cost-Effectiveness Analysis, Eric A. Posner
Public Law and Legal Theory Working Papers
Recent scholarship on regulatory oversight has focused on cost-benefit analysis of prescriptive regulations – regulations that restrict behavior such as pollution – and their use to cure market failures, and has overlooked the vast number of transfer regulations. Transfer regulations are regulations that channel funds to beneficiaries. These regulations are authorized by statutes that establish entitlement programs like Medicare and Social Security, pay one-time distributions to victims of misfortunes such as natural disasters and the 9/11 terrorist attack, and fund pork barrel spending. Cost-benefit analysis cannot be used to evaluate transfer regulations because all transfer regulations fail cost-benefit analysis, but …
Myths Of Voluntary Compliance: Lessons From The Starlink Corn Fiasco, Rebecca M. Bratspies
Myths Of Voluntary Compliance: Lessons From The Starlink Corn Fiasco, Rebecca M. Bratspies
William & Mary Environmental Law and Policy Review
No abstract provided.
Transfer Regulations And Cost Effectiveness Analysis, Eric A. Posner
Transfer Regulations And Cost Effectiveness Analysis, Eric A. Posner
Coase-Sandor Institute for Law & Economics Research Paper Series
Recent scholarship on regulatory oversight has focused on cost-benefit analysis of prescriptive regulations—regulations that restrict behavior such as pollution—and their use to cure market failures, and has overlooked the vast number of transfer regulations. Transfer regulations are regulations that channel funds to beneficiaries. These regulations are authorized by statutes that establish entitlement programs like Medicare and Social Security, pay one-time distributions to victims of misfortunes such as natural disasters and the 9/11 terrorist attack, and fund pork barrel spending. Cost-benefit analysis cannot be used to evaluate transfer regulations because all transfer regulations fail cost-benefit analysis; cost-effectiveness analysis, however, can be …
Treating The Pen And The Sword As Constitutional Equals: How And Why The Supreme Court Should Apply Its First Amendment Expertise To The Great Second Amendment Debate, David G. Browne
William & Mary Law Review
No abstract provided.
Behavioral Approach To Analyzing Corporate Failures, A. Mechele Dickerson
Behavioral Approach To Analyzing Corporate Failures, A. Mechele Dickerson
Faculty Publications
Recent corporate failures indicate that existing laws fail to give boards of directors adequate incentives to acknowledge that some financially troubled firms simply cannot be salvaged. Relying primarily on insights from law and behavioral science literature, this Article notes that directors have a natural tendency to underestimate risks and overestimate their ability to save an insolvent or near insolvent firm. This Article urges the imposition of a duty to file a timely bankruptcy petition because such a duty will encourage directors to consider the interests of all the firms' constituents, including workers, creditors, and the local community, when making decisions …
Pressing Precaution Beyond The Point Of Cost-Justification, Gregory C. Keating
Pressing Precaution Beyond The Point Of Cost-Justification, Gregory C. Keating
Vanderbilt Law Review
Years ago, Bruce Ackerman contrasted two competing perspectives on law, that of the "ordinary observer" and that of the "scientific policymaker."' The perceptions and discourse of the "ordinary observer," Ackerman explained, start from the common practices and language of laymen. The "scientific policymaker" takes the realization of particular objectives-efficient precaution against risks of accidental injury and death, for example-as her end and uses the law as an instrument toward that end. Clashes between these two perspectives are endemic to our legal culture. Nowhere in the law of accidents is that conflict sharper than in cases where the risks imposed threaten …
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Faculty Scholarship
No abstract provided.
Cultural Pluralism And International Rights, Kory Sorrell
Cultural Pluralism And International Rights, Kory Sorrell
Tulsa Journal of Comparative and International Law
No abstract provided.
Children's Associational Rights? Why Less Is More, Emily Buss
Children's Associational Rights? Why Less Is More, Emily Buss
Public Law and Legal Theory Working Papers
No abstract provided.
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Faculty Scholarship
No abstract provided.
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger
William & Mary Law Review
Bankruptcy law does not deal well with website promises to protect personal information. The legal treatment of privacy policies in bankruptcy currently turns on whether such policies are viewed as creating contract rights or property rights. Neither characterization fits well, and any attempt to shoehorn information privacy into either category has significant costs. Contract obligations are subject to discharge in bankruptcy, and any consumer expectations of privacy (contractual or otherwise) are likely to be defeated. By contrast, if personal information is deemed property of the website customer, information transfers that might benefit consumers will be stifled. This Article develops an …
Inside Unlv, Gian Galassi, Jennifer Vaughan, Carol C. Harter, Carolyn Sabo
Inside Unlv, Gian Galassi, Jennifer Vaughan, Carol C. Harter, Carolyn Sabo
Inside UNLV
No abstract provided.
"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song
"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song
William & Mary Law Review
No abstract provided.
Pain-And-Suffering Damages In Tort Law: Revisiting The Theoretical Framework And The Empirical Evidence, Ronen Avraham
Pain-And-Suffering Damages In Tort Law: Revisiting The Theoretical Framework And The Empirical Evidence, Ronen Avraham
Law & Economics Working Papers Archive: 2003-2009
Should there be pain-and-suffering damages in tort law? Most legal economists who wrote on the subject that there should not be pain-and-suffering damages in tort law. A minority of scholars thought the decision of whether tort law should provide pain-and-suffering damages is an empirical, or an experimental, question that cannot be armchair-theorized. Yet, all scholars who have done empirical or experimental work to explore the desirability of pain-and-suffering damages reached the conclusion that it is undesirable. In this paper I argue that the majority view cannot serve as a policy-making aid. I side with the minority of scholars who argue …
Law & Health Care Newsletter, V. 10, No. 2, Spring 2003
Law & Health Care Newsletter, V. 10, No. 2, Spring 2003
Law & Health Care Newsletter
No abstract provided.
Genetic Health And Eugenics Prededents: A Voice Of Caution, Larry I. Palmer
Genetic Health And Eugenics Prededents: A Voice Of Caution, Larry I. Palmer
Florida State University Law Review
No abstract provided.
A Comparative Study Of The Law Of Palliative Care And End-Of-Life Treatment, Denuta Mendelson, Timothy Stoltzfus Jost
A Comparative Study Of The Law Of Palliative Care And End-Of-Life Treatment, Denuta Mendelson, Timothy Stoltzfus Jost
Scholarly Articles
No abstract provided.
Indigenous Peoples, Indigenous Farmers: Nafta's Threat To Mexican Teosinte Farmers And What Can Be Done About It, Keith Sealing
Indigenous Peoples, Indigenous Farmers: Nafta's Threat To Mexican Teosinte Farmers And What Can Be Done About It, Keith Sealing
American University International Law Review
No abstract provided.
Message Deleted? Resolving Physician-Patient E-Mail Through Contract Law, Michael Mccann
Message Deleted? Resolving Physician-Patient E-Mail Through Contract Law, Michael Mccann
Law Faculty Scholarship
This article examines the impact of e-mail on the physician-patient relationship, and how contract law can resolve the uncertainties incumbent in this nascent form of communication. Significantly, courts have yet to indicate when the physician-patient relationship begins by e-mail, or to what extent e-mail affects the duties of the relationship. Instead of waiting for judicial guidance, physicians and patients can employ specialized contracts to clarify the role that e-mail plays in their relationship. As a result, more physicians and patients will regard e-mail correspondence as a valuable means of communication, and a tool for improving the quality of health care …