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Articles 5131 - 5160 of 7470
Full-Text Articles in Entire DC Network
Romancing The Court, Gerald Rosenberg
Odds And Ends: An Epstein-Inspired Look At Luck, Lee Anne Fennell
Odds And Ends: An Epstein-Inspired Look At Luck, Lee Anne Fennell
Articles
No abstract provided.
You Too Can Create A Simulation Exercise (Or Even A Course), Jeff Leslie, James F. Hogg, Daniel Jaffe, Praveen Kosuri
You Too Can Create A Simulation Exercise (Or Even A Course), Jeff Leslie, James F. Hogg, Daniel Jaffe, Praveen Kosuri
Articles
No abstract provided.
Richard Epstein And Discrimination Law, Richard H. Mcadams
Richard Epstein And Discrimination Law, Richard H. Mcadams
Articles
No abstract provided.
Depoliticizing Administrative Law, Thomas J. Miles, Cass R. Sunstein
Depoliticizing Administrative Law, Thomas J. Miles, Cass R. Sunstein
Articles
A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized in the sense that Republican appointees are significantly more likely to invalidate liberal agency decisions than conservative ones, while Democratic appointees are significantly more likely to invalidate conservative agency decisions than liberal ones. These results hold for both (a) judicial review of agency interpretations of law and (b) judicial review of agency decisions for "arbitrariness" on questions of policy and fact. On the federal courts of appeals, the most highly politicized voting patterns are found on unified panels, that is, on panels consisting solely …
Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, Gerald Rosenberg
Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, Gerald Rosenberg
Articles
No abstract provided.
Toward A New Approach To Disability Law, David A. Weisbach
Toward A New Approach To Disability Law, David A. Weisbach
Articles
This Article argues that a new approach to the laws governing disabilities is needed. Existing approaches, largely based on the "social model" of disabilities are unable to answer basic questions, such as the extent to which resources should be devoted to the disabled. The Article argues that basing disability policy directly on welfarist theories of distributive justice offers a better approach and begins the task of developing what such an approach would look like. Under a welfarist approach, policy toward the disabled depends on how a given disability affects the well-being of an individual. Under reasonable assumptions, redistribution toward individuals …
Wonder Of It All, Gerald Rosenberg
Rethinking The Connection Between Developmental Science And Juvenile Justice, Emily Buss
Rethinking The Connection Between Developmental Science And Juvenile Justice, Emily Buss
Articles
No abstract provided.
Against Permititis: Why Voluntary Organizations Should Regulate The Use Of Cancer Drugs, Richard A. Epstein
Against Permititis: Why Voluntary Organizations Should Regulate The Use Of Cancer Drugs, Richard A. Epstein
Articles
No abstract provided.
The Disintegration Of Intellectual Property - A Classical Liberal Response To A Premature Obituary, Richard A. Epstein
The Disintegration Of Intellectual Property - A Classical Liberal Response To A Premature Obituary, Richard A. Epstein
Articles
This Article plays off the title of Thomas Grey's well-known article, The Disintegration of Property, which argued in part that the ceaseless consensual fragmentation and recombination of property rights revealed some inner incoherence of the underlying private property institutions. I take the opposite position and treat this supposed disintegration of private property as evidence of its robust nature, not only for land but for all forms of intellectual property. Low transaction costs facilitate the creation of efficient regimes of property rights. I use this framework to critique modern intellectual property rights cases that limit the use of injunctive relief in …
The Nanny Corporation, M. Todd Henderson
The Nanny Corporation, M. Todd Henderson
Articles
Individuals in common pools-for example, employees in firms and citizens in a jurisdiction- want managers of those pools to act paternalistically toward others because this lowers the costs of participating in the pool. The nanny state and, increasingly, the nanny corporation are simply responding to this demand. These two can be thought of as competing in the "market for nannyism" to deliver nannyism to individuals who demand it. Where nannyism is inevitable, as it is in a world in which others pay, the question then becomes which of the two sources of nanny rules-the state or the firm-is the most …
The Civilizing Of Hurling In Ireland, Paddy Dolan, John Connolly
The Civilizing Of Hurling In Ireland, Paddy Dolan, John Connolly
Articles
This essay examines the sport of hurling in Ireland through the theoretical framework of sport and leisure developed by Elias and Dunning. Through an analysis of newspaper reports of games, of rulebooks and codes of play, as well as historical data on increasing social differentiation and integration, we argue that hurling has undergone sportization and civilizing processes. However, due to the unevenness of wider figurational shifts these processes have been non-linear and fragile. Gradually, we see increasing numbers of rules, as well as increasing severity of punishment for the breaking of specific rules relating to violent play. The level and …
Minority Stress And Health: Implications For Lesbian, Gay, Bisexual, Transgender, And Questioning (Lgbtq) Young People, Cathy Kelleher
Minority Stress And Health: Implications For Lesbian, Gay, Bisexual, Transgender, And Questioning (Lgbtq) Young People, Cathy Kelleher
Articles
Historically, the pathologisation of LGBTQ orientations shaped research and professional practice, while the impact of stigma was not considered. Within a minority stress conceptualisation however, stigma-related prejudice and discrimination experienced by LGBTQ people constitute chronically stressful events that can lead to negative health outcomes. Minority stress has been linked to psychological distress among gay men and lesbians and may contribute to elevated rates of distress frequently observed among LGBTQ youth. This study explored the impact of minority stress on psychological distress among LGBTQ youth in Ireland. Measures assessing three components of minority stress (sexual identity distress, stigma consciousness, and heterosexist …
Civil Procedure In Idaho: An Examination Of Significant Differences Between The Rules Of Procedure Of The Idaho State And Federal Courts, Katie Ball
Articles
The University of Idaho College of Law celebrates its centennial this year. The rules of civil procedure do not have that lengthy a history, but they are still a critical part of current legal education and any civil practice. Civil practitioners choosing an Idaho forum have two court system options for many types of cases-the federal courts or the state courts. The goal of this article is to point out the significant differences in the state and federal civil procedural rules for Idaho practitioners. It is meant to particularly address those Idaho attorneys who have practiced primarily or exclusively in …
The Bank Bailout: A License For Sovereign Securities Fraud, Wendy Gerwick Couture
The Bank Bailout: A License For Sovereign Securities Fraud, Wendy Gerwick Couture
Articles
No abstract provided.
From Warranted To Valuable Belief: Local Government, Climate Change, And Giving Up The Pickup To Save Bangladesh, Jerrold A. Long
From Warranted To Valuable Belief: Local Government, Climate Change, And Giving Up The Pickup To Save Bangladesh, Jerrold A. Long
Articles
Although the public discourse about efforts to address global climate change understandably focuses on national- and international-level efforts, in the United States much of the authority for regulating greenhouse gas emitting activities resides with state and local governments. Many local governments have initiated efforts to address global climate change in some fashion. But this article argues that there remains a disconnect between the local causes and global consequences of climate change sufficient to prevent the adoption of durable and effective local efforts to reduce greenhouse gas emissions. In other words, individuals remain largely unable to connect their personal decisions with …
Domestic Violence Trends And Topics, Patrick D. Costello
Domestic Violence Trends And Topics, Patrick D. Costello
Articles
No abstract provided.
Divided By Common Language: ‘Capture’ Theories In Gatt/Wto And The Communicative Impasse, Dongsheng Zang
Divided By Common Language: ‘Capture’ Theories In Gatt/Wto And The Communicative Impasse, Dongsheng Zang
Articles
This article tries to present an analytic framework for the understanding of WTO's failure in the Doha Round negotiations.
Gun Control After Heller: Threats And Sideshows From A Social Welfare Perspective, Jens Ludwig, Adam M. Samaha, Philip J. Cook
Gun Control After Heller: Threats And Sideshows From A Social Welfare Perspective, Jens Ludwig, Adam M. Samaha, Philip J. Cook
Articles
What will happen after District of Columbia v. Heller? We know that five justices on the Supreme Court now oppose comprehensive federal prohibitions on home handgun possession by some class of trustworthy homeowners for the purpose of, and maybe only at the time of, self-defense. Perhaps the justices will push further and apply Heller's holding to state and local governments via the Fourteenth Amendment. But the majority opinion in Heller offered limited guidance for future cases. It did not follow a purely originalist method of constitutional interpretation, nor did it establish a constraining doctrinal framework for evaluating firearms regulation-although the …
Randomization In Adjudication, Adam M. Samaha
Randomization In Adjudication, Adam M. Samaha
Articles
Flipping a coin to decide a case is among the most serious forms of judicial misconduct. Yet judges react quite differently to other types of lotteries. Judges tend to tolerate or encourage deliberately random decisions in nonjudicial settings ranging from military drafts to experimental welfare requirements. Equally striking, most adjudicators now embrace randomization within their own institutions: they commonly use lotteries to assign incoming cases to each other. This practice creates a remarkable tension. Because adjudicators vary in competence and ideology, randomizing their case assignments will effectively randomize outcomes in a subset of merits decisions. We might then ask whether …
Harm, Ambiguity, And The Regulation Of Illegal Contracts, Adam Badawi
Harm, Ambiguity, And The Regulation Of Illegal Contracts, Adam Badawi
Articles
No abstract provided.
Differential Compensation And The "Race To The Bottom" In Consumer Insurance Markets, Daniel Schwarcz
Differential Compensation And The "Race To The Bottom" In Consumer Insurance Markets, Daniel Schwarcz
Articles
No abstract provided.
The Modern Law Of Corporate Groups: An Empirical Study Of Piercing The Corporate Veil In The Parent-Subsidiary Context, John H. Matheson
The Modern Law Of Corporate Groups: An Empirical Study Of Piercing The Corporate Veil In The Parent-Subsidiary Context, John H. Matheson
Articles
Today, massive corporations – both national and international – dominate financial and commercial activities, exercising enormous economic power. The standard organizational structure for these businesses has a parent corporation as the sole shareholder of multiple, separately incorporated operating subsidiaries (or layers of subsidiaries) in a corporate group. One particular application of the law of corporate groups entails dealing with the ramifications of subsidiary insolvency. Given the massive financial assets of many multinational parent corporations, actions to ignore the legal separateness of a corporate subsidiary of a parent company offer some of the biggest potential payoffs for claimants. In today's global …
Climate Change And Reassessing The "Right" Level Of Government: A Response To Bronin, Alexandra B. Klass
Climate Change And Reassessing The "Right" Level Of Government: A Response To Bronin, Alexandra B. Klass
Articles
Climate change has caused lawmakers, policymakers, and scholars to reassess the traditional role of federal, state, and local governments to regulate a broad range of environmental, energy, and land-use issues. While the problem of climate change would appear to be best addressed at the international, or at least the federal level, it has been local governments and states that have taken the first and most important steps in recognizing the problem and experimenting with different ways to address it. While some of these experiments show how the "lower" levels of government can have a significant and positive impact on national-level …
Carbon Capture And Sequestration: Identifying And Managing Risks, Alexandra B. Klass, Elizabeth J. Wilson
Carbon Capture And Sequestration: Identifying And Managing Risks, Alexandra B. Klass, Elizabeth J. Wilson
Articles
Carbon capture and geologic sequestration (CCS) technology promises to provide deep emissions cuts, particularly from coal power generation, but deploying CCS creates risks of its own. This article first considers the risks associated with CCS, which involves capturing CO{sub 2} emissions from industrial sources and power plants, transporting the CO{sub 2} by pipeline, and injecting it underground for permanent sequestration. The article then suggests ways in which these risks can be minimized and managed and considers more broadly when or if CCS should be deployed or whether its use should be limited or rejected in favor of other solutions.
Protecting Them From Themselves: The Persistence Of Mutual Benefits Arguments For Sex And Race Inequality, Jill Elaine Hasday
Protecting Them From Themselves: The Persistence Of Mutual Benefits Arguments For Sex And Race Inequality, Jill Elaine Hasday
Articles
Defenders of sex and race inequality often contend that women and people of color are better off with fewer rights and opportunities. This claim straddles substantive debates that are rarely considered together, linking such seemingly disparate disputes as the struggles over race-based affirmative action, antiabortion laws, and marital rape exemptions. The argument posits that women and people of color attempting to secure expanded rights and opportunities do not understand their own best interests and do not realize that they benefit from limits on their prerogatives and choices. Indeed, proponents of this argument insist that restricting the rights and opportunities available …
Gendering The Declaration, Fionnuala Ní Aoláin
Gendering The Declaration, Fionnuala Ní Aoláin
Articles
As the Universal Declaration on Human Rights celebrates its sixtieth anniversary this article examines the gendered foundations of the document. Drawing on its drafting history the article concludes that despite considerable advances contained within it the document has many limitations. Over the years, greater attention has been focused on the ways in which the Universal Declaration has advanced claims for gender equality. As the document's influence and status have magnified, its gendered boundaries are in plainer sight. Moreover, as feminists have systematically exposed the entrenched biases of international law, the Universal Declaration does not emerge from scrutiny unscathed. This article …
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
Articles
This Article considers the broad range of tort experiments states have undertaken in recent years as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, as states have engaged in well-publicized tort reform efforts in the products liability and personal injury areas, they have also increased tort rights and remedies to address new societal problems associated with privacy, publicity, consumer protection, and environmental harm. At the same time, however, just as the Supreme Court was beginning its so-called federalism revolution of the 1990s to limit Congressional authority in the name of states' rights, …
Equitable Prescription Drug Coverage: Preventing Sex Discrimination In Employer-Provided Health Plans, Stephen F. Befort, Elizabeth C. Borer
Equitable Prescription Drug Coverage: Preventing Sex Discrimination In Employer-Provided Health Plans, Stephen F. Befort, Elizabeth C. Borer
Articles
Nearly half of large, employer-sponsored group health plans in the United States do not cover prescription contraceptives used by women. This exclusion contributes to unintended pregnancies, higher out-of-pocket expenses, and adverse social consequences. The federal courts currently are split on whether this exclusion violates Title VII as amended by the Pregnancy Discrimination Act (PDA). In a recent decision that is of first impression at the circuit court level, the Eighth Circuit ruled in In re Union Pacific Railroad Employment Practices Litigation that the lack of contraception coverage in an employee health insurance plan that covered Rogaine and Viagra for men …