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Articles 1471 - 1500 of 3913
Full-Text Articles in Entire DC Network
On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt
On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt
Articles
No abstract provided.
The Politics Of Incivility, Bernard E. Harcourt
Dialogue With Federal Judges On The Role Of History In Interpretation, Frank H. Easterbrook, Brett M. Kavanaugh, Charles F. Lettow, Amanda L. Tyler
Dialogue With Federal Judges On The Role Of History In Interpretation, Frank H. Easterbrook, Brett M. Kavanaugh, Charles F. Lettow, Amanda L. Tyler
Articles
No abstract provided.
The Constitutional Conservatism Of The Warren Court, Justin Driver
The Constitutional Conservatism Of The Warren Court, Justin Driver
Articles
Scholarly debate about the Warren Court casts a long shadow over modern constitutional law. The essential contours of this debate have now grown exceedingly familiar: where liberal law professors overwhelmingly heap praise upon the Warren Court, conservatives generally heap contempt. Although some liberals have begun contending that the Warren Court overstepped the bounds of judicial propriety, such concessions do not reconfigure the debate's fundamental terms. Conspicuously absent from scholarly discourse to date, however, is a sustained liberal argument contending that the Warren Court made substantial mistakes-not by going excessively far, but by going insufficiently far in its constitutional interpretations. This …
Judicial Takings Or Due Process?, Lior Strahilevitz, Eduardo Peñalver
Judicial Takings Or Due Process?, Lior Strahilevitz, Eduardo Peñalver
Articles
In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, a plurality of the U.S. Supreme Court concluded that the Takings Clause of the U.S. Constitution prohibits the judiciary from declaring that "what was once an established right of private property no longer exists" unless the property owner in question receives just compensation. In this Article, we delineate the boundaries between a judicial taking and a violation of the Constitution's due process protections. The result is a judicial takings doctrine that is narrower and more coherent than the one suggested by Stop the Beach. Our argument proceeds in …
Unifying Copyright: An Instrumentalist's Response To Shyamkrishna Balganesh, Richard A. Epstein
Unifying Copyright: An Instrumentalist's Response To Shyamkrishna Balganesh, Richard A. Epstein
Articles
No abstract provided.
The Rise And Fall Of Judicial Self-Restraint, Richard A. Posner
The Rise And Fall Of Judicial Self-Restraint, Richard A. Posner
Articles
Judicial self-restraint, once a rallying cry for judges and law professors, has fallen on evil days. It is rarely invoked or advocated. This Essay traces the rise and fall of its best-known variant restraint in invalidating legislative action as unconstitutional-as advocated by the "School of Thayer, " consisting of James Bradley Thayer and the influential judges and law professors who claimed to be his followers. The Essay argues, among other things, that both the strength and the weakness of the School was an acknowledged absence of a theory of how to decide a constitutional case. The rise of constitutional theory …
Communities And The California Commission, Nicholas Stephanopoulos
Communities And The California Commission, Nicholas Stephanopoulos
Articles
No abstract provided.
Dialogue With Federal Judges On The Role Of History In Interpretation, Diane P. Wood, Frank H. Easterbrook, Jeffrey S. Sutton, Reena Raggi
Dialogue With Federal Judges On The Role Of History In Interpretation, Diane P. Wood, Frank H. Easterbrook, Jeffrey S. Sutton, Reena Raggi
Articles
No abstract provided.
The Property Rights Decisions Of Justice Sandra Day O'Connor: When Pragmatic Balancing Is Not Enough, Richard A. Epstein
The Property Rights Decisions Of Justice Sandra Day O'Connor: When Pragmatic Balancing Is Not Enough, Richard A. Epstein
Articles
No abstract provided.
The Romance Of Force: James Fitzjames Stephen On Criminal Law, Richard A. Posner
The Romance Of Force: James Fitzjames Stephen On Criminal Law, Richard A. Posner
Articles
No abstract provided.
Showcase Panel Iv: A Federal Sunset Law, Frank H. Easterbrook, William N. Eskridge Jr., Philip K. Howard, Thomas W. Merrill
Showcase Panel Iv: A Federal Sunset Law, Frank H. Easterbrook, William N. Eskridge Jr., Philip K. Howard, Thomas W. Merrill
Articles
No abstract provided.
Federalists, Federalism, And Federal Jurisdiction, Alison Lacroix
Federalists, Federalism, And Federal Jurisdiction, Alison Lacroix
Articles
No abstract provided.
When Was Judicial Self-Restraint?, Aziz Huq
When Was Judicial Self-Restraint?, Aziz Huq
Articles
This Essay responds to Judge Posner's Jorde Symposium Essay The Rise and Fall of Judicial Restraint by analyzing the question of when, if ever, has judicial self-restraint thrived in the federal courts. Its central aim is to shed historicizing light on the trajectory of judicial activism by imaginatively rifling through an array of canonical and somewhat-less-than-canonical empirical identification strategies. Two conclusions follow from the inquiry. First, I find that the available data on the historical trajectory of judicial restraint are surprisingly poor, and it is necessary to offer any judgment about the historical path of judicial activism with great caution. …
No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton
No Justice In Utah's Justice Courts: Constitutional Issues, Systemic Problems, And The Failure To Protect Defendants In Utah's Infamous Local Courts, Samuel P. Newton
Articles
No abstract provided.
Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel
Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel
Articles
No abstract provided.
Criminal Child Neglect And The Free Range Kid: Is Overprotective Parenting The New Standard Of Care?, David Pimentel
Criminal Child Neglect And The Free Range Kid: Is Overprotective Parenting The New Standard Of Care?, David Pimentel
Articles
No abstract provided.
Beyond Chalk And Talk: The Law Classroom Of The Future, Timothy W. Floyd, Karen J. Sneddon, Oren R. Griffin
Beyond Chalk And Talk: The Law Classroom Of The Future, Timothy W. Floyd, Karen J. Sneddon, Oren R. Griffin
Articles
Law schools are rethinking the traditional Langdellian classroom as they construct the law classroom of the future. Although the reform of legal education has long been heralded, law schools are now on the cusp of actual change. Carnegie’s Educating Lawyers and the Clinical Legal Education Association’s Best Practices for Legal Education are promoting a rethinking of the law classroom. Also encouraging the examination of legal education are changes in the incoming student population, such as the influx of students from the Millennial Generation; technological innovations; and shifting realities and economics of law practice, such as the increased focus on efficiency …
Whistleblowers And Rogues: An Urgent Call For An Affirmative Defense To Corporate Criminal Liability, Marcia Narine
Whistleblowers And Rogues: An Urgent Call For An Affirmative Defense To Corporate Criminal Liability, Marcia Narine
Articles
No abstract provided.
The Problem Of Trans-National Libel, Lili Levi
The Problem Of Trans-National Libel, Lili Levi
Articles
Forum shopping in trans-national libel cases-"libel tourism"- - has a chilling effect on journalism, academic scholarship, and scientific criticism. The United States and Britain (the most popular venue for such cases) have recently attempted to address the issue legislatively. In 2010, the United States passed the SPEECH Act, which prohibits recognition and enforcement of libel judgments from jurisdictions applying law less speech-protective than the First Amendment. In Britain, consultation has closed and the Parliamentary Joint Committee has issued its report on a broad-ranging libel reform bill proposed by the Government in March 2011. This Article questions the extent to which …
Judicial Engagement With The Affordable Care Act: Why Rational Basis Analysis Falls Short, Richard A. Epstein
Judicial Engagement With The Affordable Care Act: Why Rational Basis Analysis Falls Short, Richard A. Epstein
Articles
No abstract provided.
Congressional Will And The Role Of The Executive In Bivens Actions: What Is Special About Special Factors?, Anya Bernstein
Congressional Will And The Role Of The Executive In Bivens Actions: What Is Special About Special Factors?, Anya Bernstein
Articles
No abstract provided.
The Earned Income Tax Credit, Low-Income Workers, And The Legal Aid Community, Adam S. Chilton, Jonathan P. Schneller, Joshua L. Boehm
The Earned Income Tax Credit, Low-Income Workers, And The Legal Aid Community, Adam S. Chilton, Jonathan P. Schneller, Joshua L. Boehm
Articles
The Earned Income Tax Credit ("EITC") is the largest US. welfare program, with twenty-four million low-income Americans receiving $60 billion of disbursals in 2009. Through the EITC, working Americans with little or no tax liability can receive up to nearly $6, 000 in refundable tax credits each year. Over the past two decades, policymakers have increasingly favored the EITC over direct-transfer welfare programs, citing its lower administrative expense (as recipients "self-certify" by filing taxes) and incentives for recipients to work. Despite its political appeal, the EITC suffers deep structural flaws. Largely because EITC claimants have little guidance in navigating the …
Advancing Feminist Positioning In The Field Of Transitional Justice, Fionnuala Ní Aoláin
Advancing Feminist Positioning In The Field Of Transitional Justice, Fionnuala Ní Aoláin
Articles
No abstract provided.
Renewable Energy And The Public Trust Doctrine, Alexandra B. Klass
Renewable Energy And The Public Trust Doctrine, Alexandra B. Klass
Articles
This Article explores the role of the public trust doctrine in current efforts to site large-scale wind and solar projects on public and private lands. Notably, both proponents and opponents of such renewable energy projects have looked to the public trust doctrine to advance their goals. Proponents of large-scale renewable energy projects point to the environmental and climate change benefits associated with renewable energy development and argue that the use of public lands and large tracts of private lands to facilitate such projects are both in the public interest and consistent with the public trust doctrine. At the same time, …
Financial Regulation Reform And Too Big To Fail, Brett Mcdonnell
Financial Regulation Reform And Too Big To Fail, Brett Mcdonnell
Articles
Perhaps the leading critique of the Dodd-Frank Act is that it does too little to address the problem of too big to fail (“TBTF”) financial institutions. The critique of TBTF institutions has two main components. The economic argument focuses on a major moral hazard problem. The political argument focuses on the political clout of TBTF institutions. There are important truths in both the economic and the political argument against TBTF institutions. However, there are also important limits to the truth of both arguments. I believe the limits are more central than the truths, and that if anything Dodd-Frank has gone …
Theories Of Contract Law And Enforcing Promissory Morality: Comments On Charles Fried, Brian H. Bix
Theories Of Contract Law And Enforcing Promissory Morality: Comments On Charles Fried, Brian H. Bix
Articles
This article considers two important themes connected with Charles Fried’s great work, "Contract as Promise": first, the nature of the theoretical claims in that book; and second, the question of whether contract law, especially when this area is equated with the enforcement of promises, is in tension with John Stuart Mill’s “Harm Principle.” While in the end I do not think that Fried's book makes out its apparent ambition of a promissory theory of contract law (or of American contract law), this is largely because the book's claims, when more carefully scrutinized, were never that ambitious to begin with. What …
Educating Lawyers For Community, Anthony V. Alfieri
Educating Lawyers For Community, Anthony V. Alfieri
Articles
This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next …
What Liaisons Say About Themselves And What Faculty Say About Their Liaisons, A U.S. Survey, Julie Arendt, Megan Lotts
What Liaisons Say About Themselves And What Faculty Say About Their Liaisons, A U.S. Survey, Julie Arendt, Megan Lotts
Articles
Liaison librarians and faculty in chemistry, English, and psychology departments at colleges and universities in the United States were surveyed. They answered questions about services provided by the liaison and satisfaction. Liaisons’ satisfaction with their performance was associated with active liaison service, such as recent contact with the department and more time spent on liaison work. Faculty satisfaction with liaisons was associated with contact with their liaisons. We did not find associations between liaisons’ descriptions of their work and faculty satisfaction with their liaisons for the pairs of faculty and their liaisons we were able to match.
Hal W. Trovillion's Role In Preserving The History Of "Bloody Williamson", Melissa A. Hubbard
Hal W. Trovillion's Role In Preserving The History Of "Bloody Williamson", Melissa A. Hubbard
Articles
This article examines the efforts of Hal W. Trovillion, newspaper editor and private printer, to document the controversial history of his southern Illinois coal mining town in the early twentieth century. As a historical case study, it explores some of the challenges inherent in preserving original documents and cultural knowledge without institutional support, and with active interference from community members who worked to suppress information. Trovillion used his printing presses and contacts in the historical community to ensure that the turbulent events occurring in his town in the 1920s would be preserved in the archival record.