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Articles 6001 - 6030 of 7470
Full-Text Articles in Entire DC Network
The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk
The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk
Articles
Rejecting the proposition (advanced by Professor Eric Claeys) that the Rehnquist Court's conservatives have missed an opportunity to transform takings law, this commentary demonstrates that a nuisance-based theory cannot provide a comprehensive basis for takings clause jurisprudence. The commentary further establishes that no plausible vision of originalism supports a nuisance based theory, and concludes by arguing that judicial scrutiny of state and local land use practices is less deferential than it was at the inception of the Rehnquist Court.
Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams
Grutter V. Bollinger: This Generation's Brown V. Board Of Education, Michelle Adams
Articles
At first blush, Grutter appears to be a deviation from the body of the Court's recent affirmative action jurisprudence: it says "yes" where the other cases said "no." But it is not so clear that Grutter is a deviation from current law. Instead, it might be seen as consistent with it, in that the justification for the racial preference recognized in Grutter transcended the justifications offered in the previous cases, and the method used to achieve that end, "race as a factor," diffused rather than highlighted race. From this perspective, Grutter addressed several concerns that had troubled the Court for …
Rulemaking, Michael Herz
Fixing The Hole In The Ozone Layer: A Success In The Making (Continued), Drusilla J. Hufford, Paul Horwitz
Fixing The Hole In The Ozone Layer: A Success In The Making (Continued), Drusilla J. Hufford, Paul Horwitz
Articles
No abstract provided.
Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice Colloquium: Deborah L. Rhode's Access To Justice, Steven H. Hobbs
Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice Colloquium: Deborah L. Rhode's Access To Justice, Steven H. Hobbs
Articles
No abstract provided.
Re(Caste)Ing Equality Theory: Will Grutter Survive Itself By 2028 Symposium: Race Jurisprudence And The Supreme Court: Where Do We Go From Here, Bryan K. Fair
Articles
No abstract provided.
Fixing The Hole In The Ozone Layer: A Success In The Making, Drusilla J. Hufford, Paul Horwitz
Fixing The Hole In The Ozone Layer: A Success In The Making, Drusilla J. Hufford, Paul Horwitz
Articles
No abstract provided.
Taming The Tail That Wags The Dog: Ex Post And Ex Ante Constraints On Informal Adjuciation Administrative Law Discussion Forum, Ronald J. Krotoszynski Jr.
Taming The Tail That Wags The Dog: Ex Post And Ex Ante Constraints On Informal Adjuciation Administrative Law Discussion Forum, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
States, Courts, And Founders: Remarks On Killenbeck, Mark E. Brandon
States, Courts, And Founders: Remarks On Killenbeck, Mark E. Brandon
Articles
No abstract provided.
Images Of Health Insurance In Popular Film: The Dissolving Critique, Elizabeth Pendo
Images Of Health Insurance In Popular Film: The Dissolving Critique, Elizabeth Pendo
Articles
Several recent films have villainized the health insurance industry as central elements of their plots. This Article examines three of those films: Critical Care, The Rainmaker, and John Q. It analyzes these films through the context of the consumer backlash against managed care that began in the 1990s and shows how these films reflect the consumer sentiment regarding health insurance companies and the cost controlling strategies they employ. In addition, the Article identifies three key premises about health insurance in the films that, although exaggerated and incomplete, have significant factual support. Ultimately, the author argues that, despite their passionately critical …
Of Power And Responsibility: The Political Morality Of Federal Systems, Daniel Halberstam
Of Power And Responsibility: The Political Morality Of Federal Systems, Daniel Halberstam
Articles
In comparative constitutional discourse, Americans are from Mars and Europeans from Venus; we eagerly tell our European counterparts about the U.S. constitutional experience, but rarely do we listen when they talk to us about their own. Whereas Europeans routinely examine U.S. constitutionalism as an illuminating point of comparison or contrast, as Americans, we seem convinced that we have nothing to learn from looking abroad. This Article challenges that assumption. In particular, it argues that American courts and scholars have overlooked an important alternative to the dominant interpretation of the division of powers in the United States by ignoring the theory …
Sensible Tax Policies In Open Economics, James R. Hines Jr.
Sensible Tax Policies In Open Economics, James R. Hines Jr.
Articles
This paper evaluates the design and the desirability of business taxes in small open economies, in light of evidence of the impact of taxation on the activities of multinational firms. The high degree of international capital mobility implies that small countries benefit by reducing their tax rates below the rates of other countries with whom they compete, possibly to the point of eliminating any taxes on inbound investment. Countries likewise have incentives not to tax the foreign incomes of resident companies. Host countries that are tempted to use their tax systems to subsidize and thereby encourage local employment, net exports, …
Reparations As Redistribution, Kyle D. Logue
Reparations As Redistribution, Kyle D. Logue
Articles
The most controversial, and most intriguing, remedy sought by proponents of slavery reparations involves massive redistribution of wealth from whites to blacks within the United States. This is not to say that reparations proponents have focused only on racial redistribution. Some have called for an official apology from the U.S. government. Others seek the creation of a foundation or institute, funded by U.S. tax dollars, to be devoted to furthering the interests of African Americans, including the funding of K- 12 educational programs for black children and the funding of general civil rights advocacy to counteract the lingering effects of …
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Articles
This Essay explores an alternative to one of the pillars of contract law, that obligations arise only when there is "mutual assent "--when the parties reach consensus over the terms of the transaction. It explores a principle of "no-retraction," under which each party is obligated to terms it manifested and can retract only with some liability. In contrast to the all-or-nothing nature of the mutual assent regime, where preliminary forms of consent are either full-blown contracts or create no obligation, under the no-retraction regime, obligations emerge gradually, as the positions of the negotiating parties draw closer. Further, the no-retraction liability …
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
Articles
Incomplete contracts have always been viewed as raising the following challenge for contract law: does the incompleteness-or, "indefiniteness," as it is usually called-rise to such a level that renders the agreement legally unenforceable? When the indefiniteness concerns important terms, it is presumed that the parties have not reached an agreement to which they intend to be bound. This "fundamental policy" is the upshot of the view that "contracts should be made by the parties, not by the courts."' When, in contrast, the indefiniteness concerns less important terms, courts supplement the agreement with gap fillers and enforce the supplemented contract.
Globalization, Law And Development: Introduction And Overview (Globalization, Law And Development Conference), Michael S. Barr, Reuven S. Avi-Yonah
Globalization, Law And Development: Introduction And Overview (Globalization, Law And Development Conference), Michael S. Barr, Reuven S. Avi-Yonah
Articles
The current period of globalization (defined loosely as increasing global economic integration), which began with the liberalization of exchange and capital controls and lowering of trade and investment barriers in the 1980s, is not the first time the world got economically smaller. The period from 1870 to the outbreak of World War I in 1914 was by some measures (such as the percentage of GNP in developed countries derived from overseas investment, and labor migration) marked by more extensive globalization than the post-1980 one. This earlier globalization came to a halt with the hostilities of World War I, followed by …
Bridging The North/South Divide: International Redistribution And Tax Competition, Reuven S. Avi-Yonah
Bridging The North/South Divide: International Redistribution And Tax Competition, Reuven S. Avi-Yonah
Articles
The most important social problem facing humanity at the beginning of the 21st century is the yawning divide in standards of living between the rich nations of the global North and the poor nations of the global South. The following table gives some indicia of the current gap in living standards. It shows that the majority of the population in most developing countries lives on less than two dollars a day; that in some developing countries, over a quarter of children aged 10-14 are employed in the work force; that mortality for children under five in developing countries can be …
Microfinance And Financial Development, Michael S. Barr
Microfinance And Financial Development, Michael S. Barr
Articles
Close to three billion people-half of the world's population-live on less than two dollars a day.' Within these poor communities, one child in five will not live to see his or her fifth birthday. To boost international development, the United Nations (UN) announced the Millennium Development Goals, aimed at eradicating poverty by 2015.? A number of countries responded at the International Conference for Financing International Development in Monterrey, Mexico, by creating action plans to begin to implement the Millennium Development Goals.4 Yet the Millennium Development Goals will prove difficult to achieve.1
Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine
Labor And Employment Law In Two Transitional Decades, Theodore J. St. Antoine
Articles
Labor law became labor and employment law during the past several decades. The connotation of "labor law" is the regulation of union-management relations and that was the focus from the 1930s through the 1950s. In turn, voluntary collective bargaining was supposed to be the method best suited for setting the terms and conditions of employment for the nation's work force. Since the 1960s, however, the trend has been toward more governmental intervention to ensure nondiscrimination, safety and health, pensions and other fringe benefits, and so on. "Employment law" is now the term for the direct federal or state regulation of …
Chevron And Preemption, Nina A. Mendelson
Chevron And Preemption, Nina A. Mendelson
Articles
This Article takes a more functional approach to reconciling preemption doctrine with Chevron when Congress has not expressly delegated preemptive authority to an agency, an approach that considers a variety of concerns, including political accountability, institutional competence, and related concerns. The Article assumes that federalism values, such as ensuring core state regulatory authority and autonomy, are important and can be protected through political processes." It argues that although Congress's "regional structure" might hint at great sensitivity to state concerns, it actually may lead Congress to undervalue some federalism benefits that are more national in nature. Meanwhile, executive agencies generally have …
Seven Habits Of A Highly Effective Scholar, Jerold H. Israel
Seven Habits Of A Highly Effective Scholar, Jerold H. Israel
Articles
Yale Kamisar has been my friend and colleague for almost forty years now, and my first inclination was to write about those relationships, which have meant so much to me. But I know that other friends and colleagues participating in this tribute issue can bring to the description of those relationships far greater skill and far greater eloquence. I have been Yale's coauthor for roughly thirty-five years on his professional "pride and joy" - Modern Criminal Procedure' - and that is another relationship that I could describe with warmth and affection. But Wayne LaFave, who has shared this same role, …
Obvious To Whom? Evaluating Inventions From The Perspective Of Phosita, Rebecca S. Eisenberg
Obvious To Whom? Evaluating Inventions From The Perspective Of Phosita, Rebecca S. Eisenberg
Articles
In this Article, I consider the possibility of giving the USPTO input from currently active technological practitioners in evaluating the obviousness of claimed inventions. Such input could potentially serve three useful functions. First, it could improve the accuracy of USPTO decisionmaking by providing access to the perspective of actual practitioners as to the obviousness of inventions from the perspective of the hypothetical PHOSITA. Second, it could help the USPTO document the evidentiary basis for rejections that rest in part upon tacit knowledge within technological communities. Third, it could provide a quality control mechanism that would improve the credibility of USPTO …
Delivery Of Legal Services To Children In The Boston Area, Tamar Ezer
Delivery Of Legal Services To Children In The Boston Area, Tamar Ezer
Articles
No abstract provided.
Public Ruses, James E. Krier, Christopher Serkin
Public Ruses, James E. Krier, Christopher Serkin
Articles
The public use requirement of eminent domain law may be working its way back into the United States Constitution. To be sure, the words "public use" appear in the document-and in many state constitutions as well, but the federal provision applies to the states in any event-as one of the Fifth Amendment's limitations on the government's inherent power to take private property against the will of its owners. (The other limitation is that "just compensation" must be paid, of which more later.) Any taking of private property, the text suggests, must be for public use. Those words, however, have amounted …
Mirror, Mirror On The Wall: Voice Accountability And Ngos In Human Rights Standard Setting, Janet E. Lord
Mirror, Mirror On The Wall: Voice Accountability And Ngos In Human Rights Standard Setting, Janet E. Lord
Articles
No abstract provided.
The Generalized Interpersonal Theory Of Personality And Psychopathology, G. Scott Acton
The Generalized Interpersonal Theory Of Personality And Psychopathology, G. Scott Acton
Articles
No abstract provided.
On The Links Between Managerial Actions, Keystone Species, And The Resilience Of Ecological-Economic Systems, Amitrajeet A. Batabyal
On The Links Between Managerial Actions, Keystone Species, And The Resilience Of Ecological-Economic Systems, Amitrajeet A. Batabyal
Articles
Managerial actions influence the survival probabilities of the keystone species of an ecological-economic system. In turn, the well-being of these keystone species translates into the well being or the resilience of the underlying ecological-economic system. What are the theoretical links between managerial actions, keystone species, and the resilience of ecological-economic systems? Recently, Batabyal (2002) has addressed aspects of this question. In this paper, we extend the analysis in Batabyal (2002). First, we use a stochastic model to delineate a stylized ecological-economic system. Next, we discuss the links between managerial actions, keystone species, and this ecological-economic system’s resilience. Finally, we show …
Where Is The "There" In Health Law? Can It Become A Coherent Field?, Mark A. Hall, Carl E. Schneider
Where Is The "There" In Health Law? Can It Become A Coherent Field?, Mark A. Hall, Carl E. Schneider
Articles
Gerturde Stein complained of Oakland, "There is no there there." Churchill complained of his pudding that "it has no theme." And everybody complains of health law that it lacks an organizing principle. Health law scholars bemoan the "pathologies" of health law and its contradictory and competing "paradigms'. which form a "chaotic, dysfunctional patchwork." But it should not surprise us that any field which grows by accretion lacks a unifying idea or animating concern. And health law certainly grew by accretion. It began in the 1960s, when the Law-Medicine Center was established, concerned with medical proof in litigation, physicians' malpractice, and …
The Process For Becoming A Law School Professor In The United States, Daniel H. Foote
The Process For Becoming A Law School Professor In The United States, Daniel H. Foote
Articles
As the process of legal education reform in Japan, centered on the establishment of a new tier of professional graduate schools in law, moves forward, one issue that has arisen is how law professors will be trained in coming years. In that connection, I am frequently asked what the typical route is for training law school professors in the US. Based in part on an examination of the backgrounds prior to entering law teaching for over 500 law professors at eight US law schools and on personal experiences (including serving for three years on the appointments committee at the University …
Collateralizing Internet Privacy, Xuan-Thao Nguyen
Collateralizing Internet Privacy, Xuan-Thao Nguyen
Articles
Collateralizing privacy is a pervasive conduct committed by many on-line companies. Yet most don't even realize that they are engaging in collateralizing privacy. Worse yet, governmental agencies and consumer groups are not even aware of the violation of on-line consumer privacy by the collateralization of privacy. Professor Nguyen argues that collateralizing privacy occurs under the existing privacy regime and the architecture of article 9 of the Uniform Commercial Code. Professor Nguyen critiques the violation of privacy through collateralization dilemmas and proposes a solution involving modifications of the contents of the financing statement and security agreement in secured transactions where consumer …