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The Course Source: The Casebook Evolved, Stephen Johnson

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Law students are changing, law practice is changing, law schools are criticized for failing to prepare practice-ready lawyers, and there is nearly universal consensus that legal education must transform. However, the principal tool that many faculty members rely on to prepare their courses, the Langdellian casebook, is ill-suited for such transformation. This prototypical casebook, which is still the standard for many courses today, was designed for the Socratic dialogue and the case method mode of instruction. Although there is still a place for that method in legal education, other methods of instruction—the carriage bolts and lag screws of modern legal …

Introduction: Reflections On The Provision, Organisation And Management Of Social Care In Ireland, Fiona Mcsweeney, Karen M. Smith Dr, David Williams

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This special edition of Administration is intended as a contribution to ongoing debates at a time when the policy and regulatory framework for social care in Ireland is undergoing significant reform. This reform is necessary in order to both rectify the deficiencies and gaps resulting from past failures as well as enhance capacity to address current and future demands. Future challenges will arise from economic, cultural and socio-demographic changes, but no doubt some will be due to the consequences (intended and unintended) of measures being put in place today or indeed due to failure by policymakers to act on certain …

Antitrust In Zero-Price Markets: Applications, John M. Newman

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"Free" products have exploded in popularity along with widespread Internet adoption-but many of them are not truly free. Customers often trade their attention or personal information to access zero-price products. This exchange dynamic brings zero-price markets within the scope of antitrust law. But despite the critical role that such markets now play in modern economies, the antitrust enterprise has largely failed to account for their unique attributes.

In response, this Article undertakes two primary tasks. The first is to address particular areas of current antitrust doctrine that require revision or reinterpretation in the face of zero prices. Topics addressed include …

Forging Path For Women's Rights In Customary Law, Tamar Ezer

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Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley

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Land conservation transactions have been the most active component of the conservation movement in the United States for the past three decades. Conservation organizations have acquired property rights-mostly conservation easements-to protect roughly 40 million acres of land nationwide. However, climate change threatens this vast edifice. Climate change means that the resources that land conservation transactions were intended to protect may not persist on the land protected. Options to purchase conservation easements ("OPCEs") have long played a modest but important role in conservation law practice. In the world climate change is creating, with its substantial uncertainties and shifting windows of opportunity, …

Risky Ip, Andres Sawicki

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Financial Stability, Financial Services, And The Single Market, Caroline Bradley

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The Class Action As Trust, Sergio J. Campos

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Post-Crisis Legal Education: Some Premature Thoughts, David Yellen

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Campus Sexual Assault Adjudication: Why Universities Should Reject The Dear Colleague Letter, Tamara Rice Lave

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Presidential Leadership And The Separation Of Powers, Eric A. Posner

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Redundant Public-Private Enforcement, Zachary D. Clopton

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Strategic Rulemaking Disclosure, Jennifer Nou, Jed Stiglitz

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Book Review (Reviewing Guido Calabresi, The Future Of Law And Economics: Essays In Reform And Recollection), Eric A. Posner

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Missing Judge Tinder, Gerald Bepko, Daniel E. Pulliam, Diane P. Wood, Richard L. Young

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The Paradox Of Access Justice, And Its Application To Mandatory Arbitration, Omri Ben-Shahar

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Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz

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The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley

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This Essay describes and defends the Supreme Court’s role as a filter between international law and the American constitutional system. In this role,the Court ensures that when international law passes into the U.S. legal system, it does so in a manner consistent with domestic constitutional values. This filtering role is appropriate, the Essay explains, in light of the different processes used to generate international law and domestic law and the different functions served by these bodies of law. The Essay provides examples of this filtering role in four scenarios: the intersection of treaties and individual rights; the relationship between the …

Judicial Lawmaking And General Principles Of Law In International Criminal Law, Neha Jain

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General principles of law are a primary mechanism for “gap-filling” in international criminal law. However, their interpretation by tribunals has been fitful, contradictory, and misguided. Given that general principles have been used to settle crucial legal issues that affect the rights of the accused, the confusion concerning their application threatens the legitimacy of international criminal justice. This Article critiques the various conceptions of general principles developed by scholars and tribunals based on the criteria of formal and material validity and exposes the problems with their application in light of comparative law and criminal law theory. The Article challenges international criminal …

We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin

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No abstract provided.

The United Nations Working Group On Arbitrary Detention: Procedures And Summary Of Jurisprudence, David Weissbrodt, Brittany Mitchell

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For nearly twenty-five years, the United Nations Working Group on Arbitrary Detention has provided a well-respected jurisprudence on fundamental human rights, such as: freedom of expression and religion; limits on administrative detention; restrictions on discrimination in detention; and violations of the right to fair trial. The Working Group has amassed a unique collection of legal principles applicable to individuals detained by the United States, including asylum seekers, immigrants, and refugees. The decisions of the Working Group have also applied to non-state actors.

A Consequential Justice, Robert Stein

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Seeking Clemency For Inmates Serving Outdated Sentences, Janeanne Murray

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The Grass Is Not Always Greener: Congressional Dysfunction, Executive Action, And Climate Change In Comparative Perspective, Hari Osofsky, Jacqueline Peel

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Partisan climate change politics, paired with a legislative branch that is often deeply divided between two parties, has led to congressional gridlock in the United States. Numerous efforts at passing comprehensive climate change legislation have failed, and little prospect exists for such legislation in the foreseeable future. As a result, executive action under existing federal environmental statutes--often in interaction with litigation--has become the primary mechanism for national-level regulation of greenhouse gas emissions from motor vehicles and power plants. Although many observers critique this state of affairs and wish for a legislature more able to act. this essay argues that more …

Sharing Residual Liability: ‘Cheapest Cost Avoider’ Revisited, Emanuela Carbonara, Alice Guerra, Francesco Parisi

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Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity levels. A liability regime is optimal when it creates incentives to maximize the value of risky activities at the net of accident and precaution costs. The allocation of primary and residual liability allows policymakers to induce parties to undertake socially desirable care and activity levels. Traditionally, tort law systems have assigned residual liability either entirely on the tortfeasor or entirely on the victim. In this paper, we unpack the cheapest cost-avoider principle (Calabresi, 1970) to consider the virtues and the limits of loss-sharing …

Open Minds And Harmless Errors: Judicial Review Of Post-Promulgation Notice And Comment, Kristin Hickman, Mark Thomson

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In 2012, the Government Accountability Office surprised many administrative law specialists by reporting that fully 35% of major rules and 44% of nonmajor rules issued by federal government agencies lacked pre-promulgation notice and opportunity for public comment. For at least most of the major rules, however, the issuing agencies accepted comments from the public after issuing the rule, and in most of those cases, the agencies followed up with new final rules, responding to comments and often making changes in response thereto. Post-promulgation notice and comment do not precisely comply with the Administrative Procedure Act, yet are arguably close enough …

Anticompetitive Patent Injunctions, Erik Hovenkamp, Tom Cotter

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The current approach for determining when courts should award injunctions in patent disputes involves a myopic focus on the hardships an injunction might impose on the litigants and the public. This article demonstrates, however, that courts sometimes could rely instead on a consideration far more relevant to the patent system's goal of promoting innovation: the extent to which the right to exclude was actually a necessary quid pro quo for the plaintiff's decision to bring its products to market. We illustrate the value of this approach with a critique of a recent Federal Circuit decision, Trebro Mfg. Inc. v. FireFly …

Arctic Energy Cooperation, Hari M. Osofsky, Jessica Shadian, Sara L. Fechtelkotter

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The Arctic – with almost a third of the world’s remaining natural gas and thirteen percent of its oil – is one of the globe’s last frontiers for competition over unexplored natural resources. The rapid pace of Arctic melting due to climate change has created opportunities to extract the region’s previously inaccessible offshore oil and gas. The 2015 controversy over the Obama Administration’s approval of Shell Oil’s drilling in the Chukchi Sea followed by the company’s decision to pull out highlighted the need for clear and effective regulation of Arctic drilling. Offshore oil spills are difficult to prevent and clean …

Energy Partisanship, Hari M. Osofsky, Jacqueline Peel

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Whether the topic is the Paris Agreement on climate change, greenhouse gas emissions from power plants, the Keystone XL pipeline, hydraulic fracturing, offshore drilling, or renewable energy, much of the U.S. policy dialogue about energy and climate change is deeply partisan. Republicans and Democrats debate individual issues in vitriolic sound bites that indicate minimal common ground. For example, officials favoring robust action on climate change are charged with engaging in a “War on Coal.” Those opposed are labeled “members of the Flat Earth Society.” Set against these dysfunctional climate and energy politics, how can progress be made? For people who …

Physical And Oxidative Stability Of Functional Olive Oil-In-Water Emulsions Formulated Using Olive Mill Wastewater And Whey Proteins, Nicola Caporaso, Alessandro Genovese, Roisin Burke, Catherine Barry-Ryan, Raffaele Sacchi

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The present paper reports on the use of phenolic extracts from olive mill wastewater (OMW) in model olive oil-in-water (O/W) emulsions to study their effect on their physical and chemical stability. Spray-dried OMW polyphenols were added to a model 20% olive O/W emulsion stabilized with whey protein isolate (WPI) and xanthan gum, in phosphate buffer solution at pH 7. The emulsions were characterised under accelerated storage conditions (40 °C) up to 30 days. Physical stability was evaluated by analysing the creaming rate, mean particle size distribution and mean droplet size, viscosity and rheological properties, while chemical stability was assessed through …