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Articles 4381 - 4410 of 7467
Full-Text Articles in Entire DC Network
Title Vii: A Shift From Sex To Relationships, Victoria Schwartz
Title Vii: A Shift From Sex To Relationships, Victoria Schwartz
Articles
No abstract provided.
Pay For Regulator Performance, M. Todd Henderson, Frederick Tung
Pay For Regulator Performance, M. Todd Henderson, Frederick Tung
Articles
Few doubt that executive compensation arrangements encouraged the excessive risk taking by banks that led to the recent Financial Crisis. Accordingly, academics and lawmakers have called for the reform of banker pay practices. In this Article, we argue that regulator pay is to blame as well, and that fixing it may be easier and more effective than reforming banker pay. Regulatory failures during the Financial Crisis resulted at least in part from a lack of sufficient incentives for examiners to act aggressively to prevent excessive risk. Bank regulators are rarely paid for performance, and in atypical cases involving performance bonus …
Maritime Health: A Review With Suggestions For Research, Malcolm Maclachlan, Bill Kavanagh, Alison Kay
Maritime Health: A Review With Suggestions For Research, Malcolm Maclachlan, Bill Kavanagh, Alison Kay
Articles
International maritime health has largely developed within the sphere of occupational health services and international health problems. We reviewed publications in the journal International Maritime Health from 2000 to 2010 to establish the coverage of the journal and the scope of research in maritime health. We identified six thematic categories: healthcare access, delivery and integration; telehealth; non-communicable diseases and physical health problems; communicable diseases; psychological functioning and health; and safety-related issues. We describe the research within these themes and report on their publication prominence. We also analyse the research in terms of its geographical focus, the population groups addressed and …
Miami's Medical-Legal Partnership: Preparing Lawyers And Physicians For Holistic Practice, Jonel Newman
Miami's Medical-Legal Partnership: Preparing Lawyers And Physicians For Holistic Practice, Jonel Newman
Articles
No abstract provided.
Delegation In Immigration Law, Eric A. Posner, Adam B. Cox
Delegation In Immigration Law, Eric A. Posner, Adam B. Cox
Articles
Immigration law both screens migrants and regulates the behavior of migrants after they have arrived. Both activities are information intensive because the migrant's "type" and the migrant's post-arrival activity are often forms of private information that are not immediately accessible to government agents. To overcome this information problem, the national government can delegate the screening and regulating functions. American immigration law, for example, delegates extensive authority to both private entities--paradigmatically, employers and families-and to the fifty states. From the government's perspective, delegation carries with it benefits and costs. On the benefit side, agents frequently have easy access to information about …
Forecasting The Flashpoints, Nicholas Stephanopoulos
Inflation Indicators, Jonathan Masur
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.
Outsourcing Regulation: How Insurance Reduces Moral Hazard, Omri Ben-Shahar, Kyle D. Logue
Outsourcing Regulation: How Insurance Reduces Moral Hazard, Omri Ben-Shahar, Kyle D. Logue
Articles
This Article explores the potential value of insurance as a substitute for government regulation of safety. Successful regulation of behavior requires information in setting standards, licensing conduct, verifying outcomes, and assessing remedies. In various areas, the private insurance sector has technological advantages in collecting and administering the information relevant to setting standards and could outperform the government in creating incentives for optimal behavior We explore several areas that are regulated more by private insurance than by government. In those areas, the role of the law diminishes to the administration of simple rules of absolute liability or no liability, and affected …
The Gap In Law Between Developmental Expectations And Educational Obligations, Emily Buss
The Gap In Law Between Developmental Expectations And Educational Obligations, Emily Buss
Articles
No abstract provided.
The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein
The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein
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 …
Equality, Procedural Justice, And The World Trade Organization, Adam S. Chilton, Ryan W. Davis
Equality, Procedural Justice, And The World Trade Organization, Adam S. Chilton, Ryan W. Davis
Articles
No abstract provided.
Aggregation And Law, Ariel Porat, Eric A. Posner
Aggregation And Law, Ariel Porat, Eric A. Posner
Articles
If a plaintiff brings two claims, each with a 0.4 probability of being valid, the plaintiff will usually lose, even if the claims are based on independent events, and thus the probability of at least one of the claims being valid is 0.64. If a plaintiff brings two independent claims, and neither of them alleges misconduct sufficient to justify a remedy, the plaintiff will usually lose, even if the claims jointly allege sufficient wrongdoing to justify a remedy. Thus, as a general rule, courts refuse to engage in what we call factual aggregation (the first case) and normative aggregation (the …
When To Hold, When To Fold, And When To Reshuffle: The Art Of Decisionmaking On A Multi-Member Court, Diane P. Wood
When To Hold, When To Fold, And When To Reshuffle: The Art Of Decisionmaking On A Multi-Member Court, Diane P. Wood
Articles
This Essay explores the instrumental and normative considerations that prompt judges to publish separate opinions. After discussing the traditions of separate writing in American judicial practice, the author provides a contemporary judge's perspective on the aims of separate opinions and on the cost-benefit analysis that judges invariably undertake when contemplating whether to write a concurrence or dissent. Turning to her own work on the Seventh Circuit, the author then identifies three broad categories of dissents she has penned over the past sixteen years: "principle-based dissents, " "'process-based dissents, " and "accuracy-focused dissents. " The Essay concludes by suggesting that a …
Deference To The Executive In The United States After September 11: Congress, The Courts, And The Office Of Legal Counsel, Eric A. Posner
Deference To The Executive In The United States After September 11: Congress, The Courts, And The Office Of Legal Counsel, Eric A. Posner
Articles
No abstract provided.
Regulation, Unemployment, And Cost-Benefit Analysis, Jonathan Masur, Eric A. Posner
Regulation, Unemployment, And Cost-Benefit Analysis, Jonathan Masur, Eric A. Posner
Articles
No abstract provided.
A Heartfelt, Albeit Largely Statistical, Salute To Judge Richard D. Cudahy, Richard A. Posner
A Heartfelt, Albeit Largely Statistical, Salute To Judge Richard D. Cudahy, Richard A. Posner
Articles
This Essay elaborates on Judge Cudahy's distinction as a judge and discusses our relationship and the broader issue of the management of disagreement, particularly ideological disagreement, in an appellate court. The Essay departs from the usual form of tribute essays by organizing its discussion around statistics and focusing on more general issues of judicial performance. These statistics reveal that Judge Cudahy has been an unusually prolific judge, penning separate opinions at a higher rate than his colleagues both nationwide and on the Seventh Circuit. The numbers also reveal that Judge Cudahy 's dissent rate has declined markedly over time. After …
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.
Negligence, Strict Liability, And Responsibility For Climate Change, David A. Weisbach
Negligence, Strict Liability, And Responsibility For Climate Change, David A. Weisbach
Articles
No abstract provided.
Law In The Hands Of The Politicians: The Cycles Of American Politics, Richard A. Epstein
Law In The Hands Of The Politicians: The Cycles Of American Politics, Richard A. Epstein
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.
The Institution Matching Canon, Aziz Huq
The Institution Matching Canon, Aziz Huq
Articles
This Article identifies and analyzes a transsubstantive tool of constitutional doctrine that to date has escaped scholarly attention. The Article terms this device the "institution matching" canon. It can be stated briefly as follows: When the government makes a decision that may impinge upon a liberty or equality interest-which may or may not be directly judicially enforced otherwise-a court should determine whether the component of government that made the decision has actual competence in and responsibility for the policy justifications invoked to curtail the interest. If not, the court should reject the government action but leave open the possibility of …
Enforcing (But Not Defending) Unconstitutional Laws, Aziz Huq
Enforcing (But Not Defending) Unconstitutional Laws, Aziz Huq
Articles
When should the executive decline to defend in court a federal law it has determined to be unconstitutional, yet still enforce that same statute against third parties? The question is prompted by the Obama administration's decision to enforce, but not defend in federal court, Section 3 of the Defense of Marriage Act ("DOMA "). But the DOMA Section 3 decision is not the first time the executive has bifurcated the enforcement of a statute from its defense before the bench. The practice of enforcement-litigation gaps dates back at least to World War I. Commentators tend to judge the practice by …
Beyond Doma: Choice Of State Law In Federal Statutes, William Baude
Beyond Doma: Choice Of State Law In Federal Statutes, William Baude
Articles
The Defense of Marriage Act (DOMA) has been abandoned by the executive and held unconstitutional by courts, so it is time to think about what will be left in its place. Federal law frequently asks whether a couple is married. But marriage is primarily a creature of state law, and states differ as to who may marry. The federal government has no system for deciding what state’s law governs a marriage, though more than a thousand legal provisions look to marital status, more than a hundred thousand same-sex couples report being married, and many of those marriages ultimately cross state …
Constitutional Ratemaking And The Affordable Care Act: A New Source Of Vulnerability, Richard A. Epstein, Paula M. Stannard
Constitutional Ratemaking And The Affordable Care Act: A New Source Of Vulnerability, Richard A. Epstein, Paula M. Stannard
Articles
No abstract provided.
Brown, Governor Of California Et Al V. Plata Et Al., Mary Rogan
Brown, Governor Of California Et Al V. Plata Et Al., Mary Rogan
Articles
The case of Brown, Governor of California et at v. Plata et al (hereinafter Plata) is one of the most eye-catching decisions of the Supreme Court of the United States in recent times. The result in itself – the upholding of an order of a Californian District Court to reduce the state’s prison population by up to 46,000 prisoners – would warrant attention. The reasoning of the Court and the differences between the majority and minority are also, however, most significant. The willingness of the Court to uphold the drastic measure of ordering a sizeable reduction in the Californian prison …
The Falsity-Scienter Inference, Wendy Gerwick Couture
The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe
The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe
Articles
The United States Supreme Court over the last decade has selectively whittled away at the scope and availability of the death penalty by exempting certain groups from execution under the Eighth Amendment. In 2002 the court ruled that executing mentally retarded criminals violates the Constitution's ban on cruel and unusual punishment. In 2005 the court ruled that the Constitution forbids the execution of individuals who were under the age of 18 when they committed their crimes. Currently there is an active debate on whether to extend the categorical exemptions created by the Court to the mentally ill. At the forefront …