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Articles 1 - 30 of 76
Full-Text Articles in Entire DC Network
Dysfunctional Deference And Board Composition: Lessons From Enron, Bernard S. Sharfman, Steven J. Toll
Dysfunctional Deference And Board Composition: Lessons From Enron, Bernard S. Sharfman, Steven J. Toll
NULR Online
No abstract provided.
Finding A Happy And Ethical Medium Between A Prosecutor Who Believes The Defendant Didn't Do It And The Boss Who Says That He Did, Melanie D. Wilson
Finding A Happy And Ethical Medium Between A Prosecutor Who Believes The Defendant Didn't Do It And The Boss Who Says That He Did, Melanie D. Wilson
NULR Online
No abstract provided.
Child Rape, Moral Outrage, And The Death Penalty, Susan A. Bandes
Child Rape, Moral Outrage, And The Death Penalty, Susan A. Bandes
NULR Online
No abstract provided.
Bargaining In The Shadow Of The European Microsoft Decision: The Microsoft-Samba Protocol License (Part Ii), Seldon J. Childers, William H. Page
Bargaining In The Shadow Of The European Microsoft Decision: The Microsoft-Samba Protocol License (Part Ii), Seldon J. Childers, William H. Page
NULR Online
No abstract provided.
Bargaining In The Shadow Of The European Microsoft Decision: The Microsoft-Samba Protocol License, Seldon J. Childers, William H. Page
Bargaining In The Shadow Of The European Microsoft Decision: The Microsoft-Samba Protocol License, Seldon J. Childers, William H. Page
NULR Online
No abstract provided.
Human Rights And Globalization: Putting The Race To The Top In Perspective, Holning Lau
Human Rights And Globalization: Putting The Race To The Top In Perspective, Holning Lau
NULR Online
No abstract provided.
Climate Change Legislation In Context, Hari M. Osofsky
Climate Change Legislation In Context, Hari M. Osofsky
NULR Online
No abstract provided.
Balancing Mandate And Discretion In The Institutional Design Of Federal Climate Change Policy, Robert L. Glicksman
Balancing Mandate And Discretion In The Institutional Design Of Federal Climate Change Policy, Robert L. Glicksman
NULR Online
No abstract provided.
Rethinking Robinson V. California In The Wake Of Jones V. Los Angeles: Avoiding The Demise Of The Criminal Law By Attending To Punishment, Martin R. Gardner
Rethinking Robinson V. California In The Wake Of Jones V. Los Angeles: Avoiding The Demise Of The Criminal Law By Attending To Punishment, Martin R. Gardner
Journal of Criminal Law and Criminology
No abstract provided.
Of Vice And Men: A New Approach To Eradicating Sex Trafficking By Reducing Male Demand Through Educational Programs And Abolitionist Legislation, Iris Yen
Journal of Criminal Law and Criminology
No abstract provided.
The Empirics Of Prison Growth: A Critical Review And Path Forward, John F. Pfaff
The Empirics Of Prison Growth: A Critical Review And Path Forward, John F. Pfaff
Journal of Criminal Law and Criminology
No abstract provided.
The Constitutionality Of The Rome Statute Of The International Criminal Court, David Scheffer, Ashley Cox
The Constitutionality Of The Rome Statute Of The International Criminal Court, David Scheffer, Ashley Cox
Journal of Criminal Law and Criminology
No abstract provided.
Hearts On Their Sleeves: Symbolic Displays Of Emotion By Spectators In Criminal Trials, Meghan E. Lind
Hearts On Their Sleeves: Symbolic Displays Of Emotion By Spectators In Criminal Trials, Meghan E. Lind
Journal of Criminal Law and Criminology
No abstract provided.
Un-Incorporating The Bill Of Rights: The Tension Between The Fourteenth Amendment And The Federalism Concerns That Underlie Modern Criminal Procedure Reforms, Justin F. Marceau
Un-Incorporating The Bill Of Rights: The Tension Between The Fourteenth Amendment And The Federalism Concerns That Underlie Modern Criminal Procedure Reforms, Justin F. Marceau
Journal of Criminal Law and Criminology
No abstract provided.
Formal, Categorical, But Incomplete: The Need For A New Standard In Evaluating Prior Convictions Under The Armed Carrier Criminal Act, Krystle Lamprecht
Formal, Categorical, But Incomplete: The Need For A New Standard In Evaluating Prior Convictions Under The Armed Carrier Criminal Act, Krystle Lamprecht
Journal of Criminal Law and Criminology
No abstract provided.
Rethinking The Increased Focus On Penal Measures In Immigration Law As Reflected In The Expansion Of The Aggravated Felony Concept, Diana R. Podgorny
Rethinking The Increased Focus On Penal Measures In Immigration Law As Reflected In The Expansion Of The Aggravated Felony Concept, Diana R. Podgorny
Journal of Criminal Law and Criminology
No abstract provided.
The Mismatch Between Public Nuisance Law And Global Warming, David A. Dana
The Mismatch Between Public Nuisance Law And Global Warming, David A. Dana
Faculty Working Papers
The federal courts using the common law method of case-by-case adjudication may have institutional advantages over the more political branches, such as perhaps more freedom from interest group capture and more flexibility to tailor decisions to local conditions. Any such advantages, however, are more than offset by the disadvantages of relying on the courts in common resource management in general and in the management of the global atmospheric commons in particular. The courts are best able to serve a useful function resolving climate-related disputes once the political branches have acted by establishing a policy framework and working through the daunting …
If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt
If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt
Faculty Working Papers
This paper seeks to identify and explain the effects of major wars on U.S. Supreme Court decision-making in the context of taxation. At first cut, one might ask why we should even expect to observe a correlation between military activities and judicial fiscal policy. After all, the justices have no authority whatsoever to adopt funding laws intended to relieve the budgetary pressures that tend to emerge in times international crisis. The Court, however, is able to contribute to the wartime revenueraising efforts indirectly by adopting a pro-government stance in the cases it decides in wartime periods. As the probability of …
Contested Morality: Judge Posner On Infanticide, Slavery, Suttee, Female Genital Mutilation, And The Holocaust, Anthony D'Amato
Contested Morality: Judge Posner On Infanticide, Slavery, Suttee, Female Genital Mutilation, And The Holocaust, Anthony D'Amato
Faculty Working Papers
Judge Richard Posner locates his moral theory between moral absolutism and the "anything goes" kind of moral relativism. He analyzes whether five contested topics are subject to useful moral debate: infanticide, slavery, suttee, female genital mutilation, and the Holocaust. Each topic presents a different perspective on his own moral theory. But each one fails in a different way to place his own moral theory on a sound footing.
Civic Lessons: Public Schools And The Civic Development Of Undocumented Students And Parents, John Rogers, Marisa Saunders, Veronica Terriquez, Veronica Valez
Civic Lessons: Public Schools And The Civic Development Of Undocumented Students And Parents, John Rogers, Marisa Saunders, Veronica Terriquez, Veronica Valez
Northwestern Journal of Law & Social Policy
In the Court reasoned that by providing undocumented students with core academic instruction, public schools could contribute to their participation in democratic institutions and thus enhance civic life. This article assesses this and a set of related claims. Drawing on three data sets, the authors consider how access to public schools shapes the civic development and civic engagement of undocumented students and their parents. They first introduce data from a longitudinal study tracking the civic development of youth through high school and into adulthood. They then share survey data that indicates the relatively high levels of school participation among undocumented …
Natural Law - A Libertarian View, Anthony D'Amato
Natural Law - A Libertarian View, Anthony D'Amato
Faculty Working Papers
What follows from the following two propositions? Legal positivism views law as a command writ large. The commander is the person or group with the most power. Answer: this pernicious mind-set is responsible for our abandonment of personal liberty. For there can be no limit to the imagination and will power of the commander. The plenary jurisdiction of the commander paves the way for Big Government to move in and regulate every aspect of our lives and our privacy. The world wasn't always like this. Prior to the servility that positivism has induced, there was a now-forgotten secular natural law …
Moral Spillovers: The Effect Of Moral Violations On Deviant Behavior, Elizabeth Mullen, Janice Nadler
Moral Spillovers: The Effect Of Moral Violations On Deviant Behavior, Elizabeth Mullen, Janice Nadler
Faculty Working Papers
Two experiments investigated whether outcomes that violate people's moral standards increase their deviant behavior (the moral spillover effect). In Study 1, participants read about a legal trial in which the outcome supported, opposed or was unrelated to their moral convictions. Relative to when outcomes supported moral convictions, when outcomes opposed moral convictions people judged the outcome to be less fair, were more angry, were less willing to accept the outcome, and were more likely to take a borrowed pen. In Study 2, participants who recalled another person's moral violation were more likely to cheat on an experimental task relative to …
Coordinating In The Shadow Of The Law: Two Contextualized Tests Of The Focal Point Theory Of Legal Compliance, Richard H. Mcadams, Janice Nadler
Coordinating In The Shadow Of The Law: Two Contextualized Tests Of The Focal Point Theory Of Legal Compliance, Richard H. Mcadams, Janice Nadler
Faculty Working Papers
In situations where people have an incentive to coordinate their behavior, law can provide a framework for understanding and predicting what others are likely to do. According to the focal point theory of expressive law, the law's articulation of a behavior can sometimes create self-fulfilling expectations that it will occur. Existing theories of legal compliance emphasize the effect of sanctions or legitimacy; we argue that, in addition to sanctions and legitimacy, law can also influence compliance simply by making one outcome salient. We tested this claim in two experiments where sanctions and legitimacy were held constant. Experiment 1 demonstrated that …
Commercial Speech, First Amendment Intuitionism And The Twilight Zone Of Viewpoint Discrimination, Martin H. Redish
Commercial Speech, First Amendment Intuitionism And The Twilight Zone Of Viewpoint Discrimination, Martin H. Redish
Faculty Working Papers
In this article, I seek to demonstrate that arguments made by scholars against First Amendment protection for commercial speech may be divided into three categories: (1) rationalist, (2) intuitionist, and (3) ideological. I argue that all three forms of opposition to commercial speech protection suffer, either directly or indirectly, from the same fundamental flaw: each constitutes or at the very least facilitates creation of a constitutionally destructive form of viewpoint discrimination. I show that all of the specific rationales for opposing First Amendment protection for commercial speech are fatally and illogically underinclusive: In each case the justification asserted to support …
Eminent Domain And The Psychology Of Property Rights: Proposed Use, Subjective Attachment, And Taker Identity, Janice Nadler, Shari Seidman Diamond
Eminent Domain And The Psychology Of Property Rights: Proposed Use, Subjective Attachment, And Taker Identity, Janice Nadler, Shari Seidman Diamond
Faculty Working Papers
The U.S. Supreme Court's decision in Kelo v. City of New London, allowing governments to force the sale of private property to promote economic development, provoked bipartisan and widespread public outrage. Given that the decision in Kelo was rendered virtually inevitable by the Court's earlier public use decisions, what accounts for the dread and dismay that the decision provoked among ordinary citizens? We conducted two experiments that represent an early effort at addressing a few of the many possible causes underlying the Kelo backlash. Together, these studies suggest that the constitutional focus on public purpose in Kelo does not fully, …
Why Is International Law Binding?, Anthony D'Amato
Why Is International Law Binding?, Anthony D'Amato
Faculty Working Papers
Many writers believe that international law is precatory but not "binding" in the way domestic law is binding. Since international law derives from the practice of states, how is it that what states do becomes what they must do? How do we get bindingness or normativity out of empirical fact? We have to avoid the Humean fallacy of attempting to derive an ought from an is. Yet we can find in nature at least one norm that is compelling: the norm of survival. This norm is hardwired into our brains through evolution. It is also hardwired into the international legal …
Law, Psychology & Morality, Kenworthey Bilz, Janice Nadler
Law, Psychology & Morality, Kenworthey Bilz, Janice Nadler
Faculty Working Papers
In a democratic society, law is an important means to express, manipulate, and enforce moral codes. Demonstrating empirically that law can achieve moral goals is difficult. Nevertheless, public interest groups spend considerable energy and resources to change the law with the goal of changing not only morally-laden behaviors, but also morally-laden cognitions and emotions. Additionally, even when there is little reason to believe that a change in law will lead to changes in behavior or attitudes, groups see the law as a form of moral capital that they wish to own, to make a statement about society. Examples include gay …
A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato
A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato
Faculty Working Papers
Holmes's famous 1897 theory that law is a prediction of what courts will do in fact slowly changed the way law schools taught law until, by the mid-1920s legal realism took over the curriculum. The legal realists argued that judges decide cases on all kinds of objective and subjective reasons including precedents. If law schools wanted to train future lawyers to be effective, they should be exposed to collateral subjects that might influence judges: law and society, law and literature, and so forth. But the standard interpretation has been a huge mistake. It treats law as analogous to weather forecasting: …