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Articles 751 - 780 of 10186
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The Missing Indian Affairs Clause, Lorianne Updike Toler
The Missing Indian Affairs Clause, Lorianne Updike Toler
University of Chicago Law Review
Congressional plenary power over Native Americans sits in direct conflict with tribal sovereignty. Scholarship and case law justifying plenary power run the gamut from finding an expansive preconstitutional federal plenary power over Native Americans to narrowly reading the Indian Commerce Clause to limit congressional power to trade alone. All claim historical legitimacy, but none has been able to explain why the Indian Affairs Clause from the Articles of Confederation failed to appear in the Constitution or, conversely, why the new federal government never limited itself to regulating Indian trade. The combination of the unexplained textual shrinkage and disharmony between text …
Classaction.Gov, Amanda M. Rose
Classaction.Gov, Amanda M. Rose
University of Chicago Law Review
This Essay proposes the creation of a federally run class action website and supporting administration (collectively, Classaction.gov) that would both operate a comprehensive research database on class actions and assume many of the notice and claims-processing functions performed by class action claims administrators today. Classaction.gov would bring long-demanded transparency to class actions and, through forces of legitimization and coordination, would substantially increase the rate of consumer participation in class action settlements. It also holds the key to mitigating other problems in class action practice, such as the inefficiencies and potential abuses associated with multiforum litigation, the limited success of the …
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola, Chelsea Kehrer, Hannah Abrahams
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola, Chelsea Kehrer, Hannah Abrahams
Global Human Rights Clinic
No abstract provided.
Mending A Broken America, Josh Sullivan
Mending A Broken America, Josh Sullivan
International Program Papers
No abstract provided.
The Infant Nutrition Debate: Innovation And It's Role In International Crisis, Kimberly Johnson
The Infant Nutrition Debate: Innovation And It's Role In International Crisis, Kimberly Johnson
International Program Papers
No abstract provided.
Shh---It's A Secret! The Evolution Of The Swiss Banking System & International Tax Implications, Avera Dorsey
Shh---It's A Secret! The Evolution Of The Swiss Banking System & International Tax Implications, Avera Dorsey
International Program Papers
No abstract provided.
Direct Democracy For Constitutional Change?, Evan De Ycaza
Direct Democracy For Constitutional Change?, Evan De Ycaza
International Program Papers
No abstract provided.
Gender Equality Or Feminism, Can You Have Both? A Comparative Look At Denmark And Switzerland, Camille N'Diaye-Muller
Gender Equality Or Feminism, Can You Have Both? A Comparative Look At Denmark And Switzerland, Camille N'Diaye-Muller
International Program Papers
No abstract provided.
Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey Stone
Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey Stone
Articles
No abstract provided.
Symposium: The Roberts Court And Free Speech: Transcript, Michael Cahill, Joel Gora, Geoffrey Stone
Symposium: The Roberts Court And Free Speech: Transcript, Michael Cahill, Joel Gora, Geoffrey Stone
Articles
No abstract provided.
The Comparative Constitutional Law Of Presidential Impeachment, Aziz Huq, Tom Ginsburg, David Landau
The Comparative Constitutional Law Of Presidential Impeachment, Aziz Huq, Tom Ginsburg, David Landau
Articles
No abstract provided.
Valuation Blunders In The Law Of Eminent Domain, Richard Epstein
Valuation Blunders In The Law Of Eminent Domain, Richard Epstein
Articles
No abstract provided.
Limiting The Pardon Power, Albert W. Alschuler
Limiting The Pardon Power, Albert W. Alschuler
Articles
Although our government is said to be one of checks and balances, the president’s power “to grant Reprieves and Pardons for Offenses against the United States” appears to be unlimited. In granting this power, the Framers deliberately cast structural safeguards aside. Nevertheless, the presidency of Donald Trump prompted a search for limits. This Article examines: (1) whether a president may pardon crimes that have not yet happened (or announce his intention to do so); (2) whether he may pardon himself; (3) whether he may use pardons to obstruct justice or commit other crimes; (4) whether criminal statutes should be construed …
Environment, Mobility, And International Law: A New Approach In The Americas, David J. Cantor
Environment, Mobility, And International Law: A New Approach In The Americas, David J. Cantor
Chicago Journal of International Law
The role of international law in regulating international movement in the context of global environment change and hazards remains a topic of intense debate among both legal scholars and practitioners. Yet, as this Article shows, we have largely reached the limits of what existing international law methods and approaches can tell us about the future of the law in this area. By contrast, this Article draws on a detailed regional case study to offer a distinct perspective to that ongoing debate about the role and future of international law. Against the backdrop of emerging patterns of mobility linked to devastating …
Congress's Commissioners, Brian Feinstein, M Henderson
Why Judicial Independence Fails, Aziz Huq
Taxing Buybacks, Daniel Daniel, Gregg Polsky
The Non-First Amendment Law Of Speech, Genevieve Lakier
The Non-First Amendment Law Of Speech, Genevieve Lakier
Articles
No abstract provided.
Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan
Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan
Articles
No abstract provided.
Rethinking Nudge: An Information-Costs Theory Of Default Rules, Oren Bar-Gill, Omri Ben-Shahar
Rethinking Nudge: An Information-Costs Theory Of Default Rules, Oren Bar-Gill, Omri Ben-Shahar
Articles
Policy makers and scholars—both lawyers and economists—have long pondered the optimal design of default rules. From the classic works on “mimicking” defaults for contracts and corporations to the modern rush to set “sticky” default rules to promote policies as diverse as organ donation, retirement savings, consumer protection, and data privacy, the optimal design of default rules has featured as a central regulatory challenge. The key element driving the design is opt-out costs— how to minimize them, or, alternatively, how to raise them to make the default sticky. Much of the literature has focused on “mechanical” opt-out costs—the effort people incur …
Long Live The Federal Power Act’S Bright Line, Joshua Macey
Long Live The Federal Power Act’S Bright Line, Joshua Macey
Articles
No abstract provided.
Discovering Racial Discrimination By The Police, Alison Siegler
Discovering Racial Discrimination By The Police, Alison Siegler
Articles
No abstract provided.
Remixing Resources, Lee Fennell
The Other American Law, Elizabeth Reese
Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude
Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude
Articles
No abstract provided.
The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse
The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse
Articles
No abstract provided.
Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case
Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case
Articles
No abstract provided.
Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein
Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein
Articles
No abstract provided.
Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam Chilton, Nuno Garoupa
Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam Chilton, Nuno Garoupa
Articles
There is a large body of research in economics and law suggesting that the legal origin of a country that is, whether its legal regime is based on English common law or French, German, or Nordic civil law--profoundly impacts a range of outcomes. However, the exact relationship between legal origin and legal substance has been disputed in the literature and not fully explored with nuanced legal coding. We revisit this debate while leveraging novel cross-country datasets that provide detailed coding of two areas of laws: property and antitrust. We find that having shared legal origins strongly predicts whether countries have …
Property Law For The Ages, Michael Pollack, Lior Strahilevitz
Property Law For The Ages, Michael Pollack, Lior Strahilevitz
Articles
No abstract provided.