Digital Commons Network^™

Discovering Racial Discrimination By The Police, Alison Siegler

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No abstract provided.

Remixing Resources, Lee Fennell

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No abstract provided.

The Other American Law, Elizabeth Reese

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No abstract provided.

The Eventual Decline Of Empirical Law And Economics, Saul Levmore

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No abstract provided.

Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude

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No abstract provided.

The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse

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No abstract provided.

Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case

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No abstract provided.

Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein

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No abstract provided.

Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam Chilton, Nuno Garoupa

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There is a large body of research in economics and law suggesting that the legal origin of a country that is, whether its legal regime is based on English common law or French, German, or Nordic civil law--profoundly impacts a range of outcomes. However, the exact relationship between legal origin and legal substance has been disputed in the literature and not fully explored with nuanced legal coding. We revisit this debate while leveraging novel cross-country datasets that provide detailed coding of two areas of laws: property and antitrust. We find that having shared legal origins strongly predicts whether countries have …

Property Law For The Ages, Michael Pollack, Lior Strahilevitz

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No abstract provided.

The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg

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No abstract provided.

Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett

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Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama's immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante, but the record of using prosecutorial discretion to accomplish humanitarian goals in immigration enforcement under Obama was, at best, mixed. Moreover, it is unclear whether Biden can depend on the availability of programs such as Deferred Action for Childhood Arrivals (DACA), Obama's signature prosecutorial discretion program. Although the …

Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams

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No abstract provided.

Designing Supreme Court Term Limits, Adam Chilton, Daniel Epps, Kyle Rozema, Maya Sen

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Since the Founding, Supreme Court Justices have enjoyed life tenure. This helps insulate the Justices from political pressures, but it also results in unpredictable deaths and strategic retirements determining the timing of Court vacancies. In order to regularize the appointments process, a number of academics and policymakers have put forward detailed term-limits proposals. However, many of these proposals have been silent on several key design decisions, and there has been almost no empirical work assessing the impact that term limits would have on the composition of the Supreme Court.

This Article provides a framework for designing a complete term-limits proposal …

Legal Analysis, Policy Analysis, And The Price Of Deference: An Empirical Study Of Mayo And Chevron, Jonathan H. Choi

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No abstract provided.

Second Look = Second Chance: Turning The Tide Through Nacdl's Model Second Look Legislation, Janeanne Murray, Sean Hecker, Michael Skocpol, Marissa Elkins

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No abstract provided.

Macdl Weighs In On The Most Consequential Pardon Case In 125 Years, Janeanne Murray

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No abstract provided.

Legislative Administration, Maria Ponomarenko

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A distinct feature of local administrative practice is that many of the entities responsible for “administering” various statutory schemes are not in fact agencies at all. In jurisdictions large and small, local legislative bodies, including municipal councils and county boards, engage in a great deal of “administrative” activity. They grant permits, approve zoning variances, and hear disciplinary appeals. And in performing these functions they, at least in theory, are subject to the same procedural requirements and substantive standards of review that would apply if the decisions were made instead by an administrative entity. The problem, as courts occasionally have recognized, …

The Corrosion Critique Of Benefit Corporations, Brett Mcdonnell

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This Article evaluates what it labels the corrosion critique of benefit corporation statutes. These statutes have emerged as the leading new statutory alternative to enable and encourage social enterprises, businesses which seek both to generate financial returns for their investors while also pursuing social missions. Some persons who strongly support social enterprises have criticized benefit corporation statutes, arguing that they create a mistaken impression that companies organized under ordinary corporation statutes cannot consider the interests of non-shareholder stakeholders except insofar as doing so benefits shareholders in the long run. This corrosive effect on the understanding of most corporations may impede …

Injurers Versus Victims: (A)Symmetric Reactions To Symmetric Risks, Francesco Parisi, Alice Guerra

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Tort models assume symmetry in the behavior of injurers and victims when faced by a threat of liability and a risk of harm without compensation, respectively. This assumption has never been empirically validated. Using a novel experimental design, we study the behavior of injurers and victims when facing symmetric accident risks. Experimental results provide qualified support for the symmetric behavior hypothesis.

Early Repayment Of Loans Under Eu Law: The Lexitor Judgment, Enrico Baffi, Francesco Parisi

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Recent changes in EU law provide flexibility and protection to consumers, facilitating early repayment of loans, when the consumer is no longer interested in continuing a credit relationship. From an economic point of view, early repayment of loans should be facilitated, because it allows money that is no longer needed to be put to other desirable uses. Under current EU law, as recently interpreted in the Lexitor judgment by the Court of Justice of the European Union, upon early repayment of a loan, consumers can obtain a pro-rated reimbursement of all the up-front and recurring costs of the loan, including …

Judicial Restoration Of Rights As An Auxiliary To The Pardon Power, Janeanne Murray

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No abstract provided.

What Both Hart And Fuller Got Wrong, Oren Gross

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No abstract provided.

Catching Unfitness, Jon J. Lee

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No abstract provided.

Uncoupling, June Carbone, Naomi Cahn

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No abstract provided.

The Law Of Energy Exports, Alexandra Klass, Shantal Pai

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No abstract provided.

Extraterritorial Damages In Patent Law, Tom Cotter

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No abstract provided.

Energy Transitions In The Trump Administration And Beyond, Alexandra Klass

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No abstract provided.

Exploring Sports Nutrition Knowledge In Elite Gaelic Footballers, Luke O'Brien, Kieran Collins, Farzad Amirabdollhian

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Nutrition intake plays a crucial role in improving athletic performance, enhancing adaptations to training, and augmenting recovery from exercise. However, research has reported that Gaelic footballers consistently fail to meet energy and carbohydrate recommendations. Sports nutrition knowledge (SNK) can influence the dietary intake of athletes, and therefore has the potential to have a significant impact on athletic performance. The aim of this study was to investigate the current level of SNK in elite Gaelic footballers (n = 100). An online version of the Nutrition for Sport Knowledge Questionnaire (NSKQ) was used to assess sports SNK. The overall mean SNK scores …

What’S In A Name? Applying The Syndemic Perspective To Covid-19 In Ireland, Chris O'Ralaigh

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The term pandemic, pro-offers a vision of COVID-19 abstracted from its social, economic, and political context, suggesting a socially neutral phenomena framed within a medicalised discourse. An etymological and theoretical re-conceptualisation of COVID-19 as a syndemic re-situates the virus within these contexts, allowing an interrogation of the oft-stated claim, discussed in this journal (Nolan, 2020) that ‘we are all in this together’ and a deeper analysis of the viruses impact on particular social groupings. Several recent articles have posited that the syndemic label applies to COVID-19 at an international level (Bambra et al., 2020; Hill et al., 2020; Horton, 2020) …