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Articles 1561 - 1590 of 8312
Full-Text Articles in Entire DC Network
Fourth Amendment Gloss, Aziz Huq
Personalizing Precommitment, Lee Anne Fennell
Personalizing Mandatory Rules In Contract Law, Omri Ben-Shahar, Ariel Porat
Personalizing Mandatory Rules In Contract Law, Omri Ben-Shahar, Ariel Porat
Articles
No abstract provided.
The Winter Of Discontent: A Circumscribed Chevron, Nicholas Bednar
The Winter Of Discontent: A Circumscribed Chevron, Nicholas Bednar
Articles
No abstract provided.
Discrimination By Design?, June Carbone, Naomi Cahn, Nancy Levit
Discrimination By Design?, June Carbone, Naomi Cahn, Nancy Levit
Articles
No abstract provided.
Suspended Sentences And Free-Standing Probation Orders In U.S. Guidelines Systems: A Survey And Assessment, Richard Frase
Suspended Sentences And Free-Standing Probation Orders In U.S. Guidelines Systems: A Survey And Assessment, Richard Frase
Articles
No abstract provided.
The Duty Of Data Security, William Mcgeveran
Human Rights Conditions: What We Know And Why It Matters, David Weissbrodt, Patrick Finnegan
Human Rights Conditions: What We Know And Why It Matters, David Weissbrodt, Patrick Finnegan
Articles
No abstract provided.
Demystifying Patent Holdup, Tom Cotter
Fractured Justice: An Experimental Study Of Pretrial Judicial Decision-Making, Prentiss Cox
Fractured Justice: An Experimental Study Of Pretrial Judicial Decision-Making, Prentiss Cox
Articles
No abstract provided.
On Public Employees And Judicial Buck-Passing: The Respective Roles Of Statutory And Constitutional Protections For Government Whistleblowers, Heidi Kitrosser
On Public Employees And Judicial Buck-Passing: The Respective Roles Of Statutory And Constitutional Protections For Government Whistleblowers, Heidi Kitrosser
Articles
No abstract provided.
Owning Colors, Jon J. Lee
State Individual Income Tax Conformity In Practice: Evidence From The Tax Cuts & Jobs Act, Amy B. Monahan
State Individual Income Tax Conformity In Practice: Evidence From The Tax Cuts & Jobs Act, Amy B. Monahan
Articles
No abstract provided.
The Failure Of Youth Sports Concussion Laws And The Limits Of Legislating Health Education, Francis Shen
The Failure Of Youth Sports Concussion Laws And The Limits Of Legislating Health Education, Francis Shen
Articles
No abstract provided.
Women, Rule-Breaking, And The Triple Bind, June Carbone
Women, Rule-Breaking, And The Triple Bind, June Carbone
Articles
No abstract provided.
Fifty Years Of American Sentencing Reform: Nine Lessons, Michael Tonry
Fifty Years Of American Sentencing Reform: Nine Lessons, Michael Tonry
Articles
No abstract provided.
Forty Years Of American Sentencing Guidelines: What Have We Learned?, Richard Frase
Forty Years Of American Sentencing Guidelines: What Have We Learned?, Richard Frase
Articles
No abstract provided.
Predictions Of Dangerousness In Sentencing: Déjà Vu All Over Again, Michael Tonry
Predictions Of Dangerousness In Sentencing: Déjà Vu All Over Again, Michael Tonry
Articles
No abstract provided.
To Repudiate Or Merely Curtail? Justice Gorsuch And Chevron Deference, Kristin Hickman
To Repudiate Or Merely Curtail? Justice Gorsuch And Chevron Deference, Kristin Hickman
Articles
No abstract provided.
Buried Treasure: Excavating Foreign Law From Civil Pleadings Filed In U.S. Federal Courts, Loren Turner
Buried Treasure: Excavating Foreign Law From Civil Pleadings Filed In U.S. Federal Courts, Loren Turner
Articles
The Animal Science case is one of many cases in U.S. federal courts wherein parties rely in some measure on foreign law as part of a claim or defense. Yet, none of our legal research databases tracks and catalogs the foreign law and legal analysis filed in our courts. In fact, none of our legal research databases even provides an efficient way to find the foreign law and legal analysis filed in our courts. Despite the increasing frequency of cross-border litigation and the various types of cases that trigger a need to determine foreign law, access to foreign law as …
What To Do About Chevron--Nothing, Nicholas Bednar
What To Do About Chevron--Nothing, Nicholas Bednar
Articles
For thirty-five years, doctrinalists have tormented themselves trying to dissect the Supreme Court’s most infamous administrative-law doctrine: Chevron deference. We have asked when and how it applies. At the same time, we have asked whether Chevron should exist at all. In other words, does Chevron have any normative advantages that warrant its continued existence and prolific use? Despite thirty-five years to work out our differences, the academy — and the courts — remain torn on the answers to all of these questions.
Justifying Delay: Why Agencies Delay Compliance Dates And How They Do It, Nicholas Bednar
Justifying Delay: Why Agencies Delay Compliance Dates And How They Do It, Nicholas Bednar
Articles
Every administration since President Reagan has used compliance delays to postpone the implementation of midnight rules promulgated by the outgoing administration. Recent cases involving the Trump Administration’s delay of Obama Administration rules have reinvigorated courts’ interests in whether such delays require notice and an opportunity for comment under the Administrative Procedure Act (“APA”). Some scholars have written about why incoming administrations use compliance delays to prevent implementation of the previous administration’s “midnight rules.” These delays are often cast as a precursor to repeal, engendering fears that the now-postponed final rule will be reversed. Yet a more overarching discussion of compliance …
Privacy In The Age Of Medical Big Data, W. Nicholson Price Ii, I. Glenn Cohen
Privacy In The Age Of Medical Big Data, W. Nicholson Price Ii, I. Glenn Cohen
Articles
Big data has become the ubiquitous watch word of medical innovation. The rapid development of machine-learning techniques and artificial intelligence in particular has promised to revolutionize medical practice from the allocation of resources to the diagnosis of complex diseases. But with big data comes big risks and challenges, among them significant questions about patient privacy. Here, we outline the legal and ethical challenges big data brings to patient privacy. We discuss, among other topics, how best to conceive of health privacy; the importance of equity, consent, and patient governance in data collection; discrimination in data uses; and how to handle …
Contracts Mattered As Much As Copyrights, Robert W. Gomulkiewicz
Contracts Mattered As Much As Copyrights, Robert W. Gomulkiewicz
Articles
Scholars have begun to appreciate the fundamental role that contracts played in the development of copyrights. Contracts gave copyrights vitalilty. This article explores the network of book publishing contracts that formed the legal infrastructure for a pre-modern “internet” at the dawn of copyright law in Great Britain in the eighteenth century. Drawing on insights from archival research, the article shows how this network of copyright contracts advanced an important goal of copyright: the spread of ideas and information throughout all parts of society. Appreciating the historical significance of copyright contracts provides valuable context for modern debates about copyright policy. Indeed, …
America's (D)Evolving Childcare Tax Laws, Shannon Weeks Mccormack
America's (D)Evolving Childcare Tax Laws, Shannon Weeks Mccormack
Articles
Proponents have touted the ability of the Tax Cuts and Jobs Act (the TCJA) — enacted in the twilight of 2017 — to help American working families. But while the TCJA expanded some benefits available to parents with dependent children, these parental tax benefits may be claimed regardless of whether or to what extent childcare costs are incurred to work outside the home. To help working parents with these costs (which are often their largest expense), Congress might have turned to two other mechanisms in the tax law — the “child and dependent care credit” and the “dependent care exclusion.” …
Commuting To Mars: A Response To Professors Abraham And Rabin, Ryan Calo
Commuting To Mars: A Response To Professors Abraham And Rabin, Ryan Calo
Articles
The remarks that follow are less about the particular wisdom of manufacturer enterprise responsibility (MER) for driverless cars, and more about the limits of legal scholarship in grappling with unfolding technologic change. The contingency of technology and its social impacts caution against sweeping interventions. And the role of law and technology scholarship—as opposed to legal scholarship that touches upon technology—is arguably to recognize the unique challenges that arise at this intersection.
The Surprising Reach Of Fda Regulation Of Cannabis Even After Rescheduling, Sean M. O'Connor, Erika Lietzan
The Surprising Reach Of Fda Regulation Of Cannabis Even After Rescheduling, Sean M. O'Connor, Erika Lietzan
Articles
As more states legalize cannabis, the push to “deschedule” it from the Controlled Substances Act is gaining momentum. At the same time, the Food and Drug Administration (FDA) recently approved the first conventional drug containing a cannabinoid derived from cannabis—cannabidiol (CBD) for two rare seizure disorders. This would all seem to bode well for proponents of full federal legalization of medical cannabis. But some traditional providers are wary of drug companies pulling medical cannabis into the regular small molecule drug development system. The FDA’s focus on precise analytical characterization and on individual active and inactive ingredients may be fundamentally inconsistent …
Professionally Responsible Artificial Intelligence, Michael Hatfield
Professionally Responsible Artificial Intelligence, Michael Hatfield
Articles
As artificial intelligence (AI) developers produce more applications for professional use, how will we determine when the use is professionally responsible? One way to answer the question is to determine whether the AI augments the professional’s intelligence or whether it is used as a substitute for it. To augment the professional’s intelligence would be to make it greater, that is, to increase and improve the professional’s expertise. But a professional who substitutes artificial intelligence for his or her own puts both the professional role and the client at risk. The problem is developing guidance that encourages professionals to use AI …
Bringing The Court Into The Classroom: Suggestions For How To Craft Exercises For Upper-Level Courses Using Real Practitioners' Briefs, Benjamin Halasz
Bringing The Court Into The Classroom: Suggestions For How To Craft Exercises For Upper-Level Courses Using Real Practitioners' Briefs, Benjamin Halasz
Articles
When I came to teach after practicing for over a decade, I wanted my students to learn to write by using materials from real clients and cases. I quickly found that’s easier said than done. But through experimentation and discussions with experienced colleagues, I found several successful ways to put students into the role of writing parts of a “real” brief—one that uses a real case and real facts—for short, in-class exercises in upper-level courses.
Several articles tout the benefits of using briefs as examples, an enthusiasm I join. But this article focuses on using cases, and especially briefs, as …
Relationship Of Ndvi And Oak (Quercus)Pollen Including A Predictive Model In The Sw Mediterranean Region, Rocío González-Naharro, Elia Quirós, Santiago Fernández-Rodríguez, Inmaculada Silva-Palacios, J. M. Maya-Manzano, Rafael Tormo-Molina, Raúl Pecero-Casimiro, Alejandro Monroy-Colin, Ángela Gonzalo-Garijo
Relationship Of Ndvi And Oak (Quercus)Pollen Including A Predictive Model In The Sw Mediterranean Region, Rocío González-Naharro, Elia Quirós, Santiago Fernández-Rodríguez, Inmaculada Silva-Palacios, J. M. Maya-Manzano, Rafael Tormo-Molina, Raúl Pecero-Casimiro, Alejandro Monroy-Colin, Ángela Gonzalo-Garijo
Articles
Techniques of remote sensing are being used to develop phenological studies. Our goal is to study the correlation among the Normalized Difference Vegetation Index (NDVI) related with oak trees included in three set data polygons (15, 25 and 50 km to aerobiological sampling point as NDVI-15, 25 and 50), and oak (Quercus) daily average pollen counts from 1994 to 2013. The study was developed in the SW Mediterranean region with continuous pollen recording within the mean pollen season of each studied year. These pollen concentrations were compared with NDVI values in the locations containing the vegetation under a study based …