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Articles 4291 - 4320 of 6134
Full-Text Articles in Entire DC Network
The Durham Statement On Open Access One Year Later: Preservation And Access To Legal Scholarship, Richard A. Danner
The Durham Statement On Open Access One Year Later: Preservation And Access To Legal Scholarship, Richard A. Danner
Faculty Scholarship
The Durham Statement on Open Access to Legal Scholarship calls for US law schools to stop publishing their journals in print format and to rely instead on electronic publication with a commitment to keep the electronic versions available in “stable, open, digital formats.” The Statement asks for two things: 1) open access publication of law school-published journals; and 2) an end to print publication of law journals. This paper was written as background for a July 2010 American Association of Law Libraries conference program on the preservation implications of the call to end print publication.
Club Goods And Group Identity: Evidence From Islamic Resurgence During The Indonesian Financial Crisis, Daniel L. Chen
Club Goods And Group Identity: Evidence From Islamic Resurgence During The Indonesian Financial Crisis, Daniel L. Chen
Faculty Scholarship
This paper tests a model in which group identity in the form of religious intensity functions as ex post insurance. I exploit relative price shocks induced by the Indonesian financial crisis to demonstrate a causal relationship between economic distress and religious intensity (Koran study and Islamic school attendance) that is weaker for other forms of group identity. Consistent with ex post insurance, credit availability reduces the effect of economic distress on religious intensity, religious intensity alleviates credit constraints, and religious institutions smooth consumption shocks across households and within households, particularly for those who were less religious before the crisis.
Come The Revolution: A Legal Perspective On Air Operations In Iraq Since 2003, Charles J. Dunlap Jr.
Come The Revolution: A Legal Perspective On Air Operations In Iraq Since 2003, Charles J. Dunlap Jr.
Faculty Scholarship
Has the early part of the twenty-first century shown the most dramatic revolution in the role of law in armed conflict in history? Evidence suggests that it has. Today, for example, allegations about civilian casualties often dominate our discussions about strategy in irregular war, itself a phenomenon that, according to the National Defense Strategy, will preoccupy our military services for years to come. Indeed, as will be discussed below in more detail, adherence to law in armed conflict fact and perception is increasingly a central, if not defining, concern of field commanders, as well as military and civilian leaders at …
The Mirage Of Non-State Governance, Ralf Michaels
The Mirage Of Non-State Governance, Ralf Michaels
Faculty Scholarship
In this Essay, I offer three theses, all of which are critical. First, non‑state governance is conceptually unattractive; it is a concept that makes little sense. Second, non‑state governance is empirically unattractive; meaningful non‑state governance rarely exists. Third, meaningful non‑state governance is normatively unattractive; we would rarely want it, and people postulating it usually expect the state to play an important role. However, I also have something constructive: a proposed trajectory. Talk about the state and the non‑state can only be an intermediary stage in a trajectory of a theory of governance that might lead to a new paradigm of …
The Public Outrage Phenomenon & Limits On Remedying The Effect Of Implicit Racist Attitudes On Capital Charging Decisions, Peggy Nicholson
The Public Outrage Phenomenon & Limits On Remedying The Effect Of Implicit Racist Attitudes On Capital Charging Decisions, Peggy Nicholson
Faculty Scholarship
No abstract provided.
The Blind Leading The Blind: Who Gets Polling Information And Does It Improve Decisions?, Cheryl Boudreau, Mathew D. Mccubbins
The Blind Leading The Blind: Who Gets Polling Information And Does It Improve Decisions?, Cheryl Boudreau, Mathew D. Mccubbins
Faculty Scholarship
We analyze whether and when polls help citizens to improve their decisions. Specifically, we use experiments to investigate 1) whether and when citizens are willing to obtain polls and 2) whether and when polls help citizens to make better choices than they would have made on their own. We find that citizens are more likely to obtain polls when the decisions they must make are difficult and when they are unsophisticated. Ironically, when the decisions are difficult, the pollees are also uninformed and, therefore, do not provide useful information. We also find that when polls indicate the welfare-improving choice, citizens …
The Air Force And Twenty-First-Century Conflicts: Dysfunctional Or Dynamic?, Charles J. Dunlap Jr.
The Air Force And Twenty-First-Century Conflicts: Dysfunctional Or Dynamic?, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Substance Of False Confessions, Brandon L. Garrett
The Substance Of False Confessions, Brandon L. Garrett
Faculty Scholarship
A puzzle is raised by cases of false confessions: How could an innocent on convincingly confess to a crime? Postconviction DNA testing has now exonerated over 250 convicts, more than forty of whom falsely confessed to rapes and murders. As a result, there is a new awareness that innocent people falsely confess, often due to psychological pressure placed upon them during police interrogations. Scholars increasingly examine the psychological techniques that can cause people to falsely confess and document instances of known false confessions. This Article takes a different approach, by examining the substance of false confessions, including what was said …
Collective Management Of Copyrights And Human Rights: An Uneasy Alliance Revisited, Laurence R. Helfer
Collective Management Of Copyrights And Human Rights: An Uneasy Alliance Revisited, Laurence R. Helfer
Faculty Scholarship
This essay analyzes the “creators’ rights” provisions of the International Covenant on Economic Social and Cultural Rights (ICESCR) in the context of the collective administration of copyright and neighboring rights and the policies and practices of collective management organizations (CMOs). It also addresses other human rights treaties and international court rulings relevant to collective rights management. The essay begins with an overview of the ICESCR Committee’s General Comment on ICESCR Article 15(1)(c), “the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the …
A Coase Theorem For Constitutional Theory, Neil S. Siegel
A Coase Theorem For Constitutional Theory, Neil S. Siegel
Faculty Scholarship
There is much to admire about Barry Friedman’s new book, The Will of the People. Explaining how the institution of judicial review was made safe for democracy in America, Friedman’s story is extensively researched, beautifully written, scrupulously nonpartisan about the modern Court, and frequently humorous. What is more, his primary claim—that the Supreme Court of the United States is very much a democratic institution because judicial review always has been responsive to public opinion—is, to a large extent, convincing. I have taught The Will of the People in my first-year constitutional law course, and I plan to do so again. …
Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.
Does Lawfare Need An Apologia?, Charles J. Dunlap Jr.
Faculty Scholarship
Few concepts in international law are more controversial than lawfare. This essay contends that lawfare is best appreciated in the context of its original meaning as ideologically neutral description of how law might be used in armed conflict. It emphasizes that although law may be manipulated by some belligerents for nefarious purposes, it can still serve to limit human suffering in war. In discussing the current state of the concept of lawfare, the essay reviews several contentious areas, and recognizes the concerns of critics. The paper concludes that lawfare is still a useful term, and is optimized when it is …
The Costs Of Judging Judges By The Numbers, Marin K. Levy, Kate Stith, Jose A. Cabranes
The Costs Of Judging Judges By The Numbers, Marin K. Levy, Kate Stith, Jose A. Cabranes
Faculty Scholarship
This essay discredits current empirical models that are designed to “judge” or rank appellate judges, and then assesses the harms of propagating such models. First, the essay builds on the discussion of empirical models by arguing that (1) the judicial virtues that the legal empiricists set out to measure have little bearing on what actually makes for a good judge; and (2) even if they did, the empiricists’ chosen variables have not measured those virtues accurately. The essay then concludes that by generating unreliable claims about the relative quality of judges, these studies mislead both decision-makers and the public, degrade …
Gathering Moss: The Nrla's Resistance To Legislative Change , James J. Brudney
Gathering Moss: The Nrla's Resistance To Legislative Change , James J. Brudney
Faculty Scholarship
Why has the NLRA been so resistant to legislative change for more than 60 years? How was Congress able to enact two major labor relations laws within a 12-year period (1935 and 1947) but then unable to approve proposed reforms in the years since 1947? In an effort to answer these questions, the article closely examines contemporaneous newspaper accounts from the 1935 and 1947 legislative “successes” as well as from two more recent congressional “failures” in 1978 and 1992. The article’s examination proceeds based on an analytic framework borrowed from political scientist John Kingdon that posits a recurring interplay among …
People Are Not Bananas: How Immigration Differs From Trade, Jennifer Gordon
People Are Not Bananas: How Immigration Differs From Trade, Jennifer Gordon
Faculty Scholarship
No abstract provided.
Standardization Of Standard-Form Contracts: Competition And Contract Implications, Mark R. Patterson
Standardization Of Standard-Form Contracts: Competition And Contract Implications, Mark R. Patterson
Faculty Scholarship
Standard-form contracts are a common feature of commercial relationships because they offer the advantage of lower transaction costs. This advantage of standard contracts is increased when there is a second layer of standardization under which multiple firms agree on a standard contract. Trade associations and similar entities often effect standardization of this kind through collective agreement on a standard contract, sometimes under the aegis of state actors. Multifirm contract standardization can provide not only the usual transaction-cost advantages of standard-form contracts, but also increased competition among firms, because a standard contract makes comparison among firms’ offerings easier. But standardization among …
Internet Governance And Democratic Legitimacy, Olivier Sylvain
Internet Governance And Democratic Legitimacy, Olivier Sylvain
Faculty Scholarship
Even as the Internet goes pop, federal policymakers continue to surrender their statutory obligation to regulate communications in the first instance to extralegal nongovernmental organizations comprised of technical experts. The Federal Communications Commission’s conclusion that a major broadband service provider's network management practices were unreasonable is a case in point. There, in the absence of any decisive legislative or even regulatory guidance, the FCC turned principally to the engineering principles on which the Internet Engineering Task Force bases transmission standards: to wit, (1) decentralization, (2) interoperability, and (3) user empowerment. This impulse to defer as a matter of course to …
Current Issues In Judicial Disqualifications Symposium 2011, Michael W. Martin
Current Issues In Judicial Disqualifications Symposium 2011, Michael W. Martin
Faculty Scholarship
Public confidence in the judiciary's integrity is critical, and
Stealth Marketing And Antibranding: The Love That Dare Not Speak Its Name , Sonia K. Katyal
Stealth Marketing And Antibranding: The Love That Dare Not Speak Its Name , Sonia K. Katyal
Faculty Scholarship
A difficult set of legal issues stem from the crossover between stealth marketing and user generated content in both real and digital space. Today, branding opportunities can be cloaked within ordinary noncommercial expression, as corporate sponsorship extends further and further toward resembling user generated content, making it difficult to discern when content is sponsored and when it is not. Since many forms of stealth marketing often takes place within the nontraditional channels that antibranding occupies (public space, websites, and other forms of media and content), it becomes more difficult then for the consumer to distinguish between the brand and the …
The Durability Of Prison Populations, John F. Pfaff
The Durability Of Prison Populations, John F. Pfaff
Faculty Scholarship
No abstract provided.
Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram
Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram
Faculty Scholarship
No abstract provided.
Defining The Problem, Hadar Aviram
Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt
Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt
Faculty Scholarship
No abstract provided.
Reconciling Fair Use And Trademark Use, Margreth Barrett
Reconciling Fair Use And Trademark Use, Margreth Barrett
Faculty Scholarship
No abstract provided.
A Cause Of Action For "Passing Off/Associational Marketing", Margreth Barrett
A Cause Of Action For "Passing Off/Associational Marketing", Margreth Barrett
Faculty Scholarship
No abstract provided.
The Sound Of Silence: The Continuing Legal Debate Over Class Action Rescission Under Tila, Jo Carrillo, Paul Kofoed
The Sound Of Silence: The Continuing Legal Debate Over Class Action Rescission Under Tila, Jo Carrillo, Paul Kofoed
Faculty Scholarship
No abstract provided.
Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter
Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter
Faculty Scholarship
No abstract provided.
Reviving Lenity And Honest Belief At The Boundaries Of Criminal Law, John L. Diamond
Reviving Lenity And Honest Belief At The Boundaries Of Criminal Law, John L. Diamond
Faculty Scholarship
No abstract provided.
The Centerpiece To Real Reform? Political, Legal, And Social Barriers To Reentry In California,, Eumi Lee
The Centerpiece To Real Reform? Political, Legal, And Social Barriers To Reentry In California,, Eumi Lee
Faculty Scholarship
No abstract provided.
First Korematsu And Now Ashcroft V. Iqbal: The Latest Chapter In The Wartime Supreme Court's Disregard For Claims Of Discrimination, Dawinder S. Sidhu
First Korematsu And Now Ashcroft V. Iqbal: The Latest Chapter In The Wartime Supreme Court's Disregard For Claims Of Discrimination, Dawinder S. Sidhu
Faculty Scholarship
This Article is concerned with shedding light on Iqbal. It will argue that this relatively obscure legal opinion may be one of the most infamous and harmful to American jurisprudence and individual rights of this generation. In particular, it will argue that (1) the Iqbal Court misapplied the traditional pleading standards that govern motions to dismiss for failure to state a claim in finding Iqbal’s particular complaint deficient and, in doing so, functionally and needlessly heightened those standards;19 and (2) the Court erred in finding unremarkable Iqbal’s allegations that the government engaged in blanket racial profiling of Muslims and Arabs …
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max J. Minzner
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max J. Minzner
Faculty Scholarship
Judgments do not bind nonparties. This core due process constraint on issue preclusion means that courts can only adjudicate questions of fact and law with respect to those individuals appearing in court. However, the operation of stare decisis routinely extinguishes the rights of nonparties without notice or an opportunity to be heard. This Article examines the due process challenge to the operation of precedent. The traditional justifications for applying a due process analysis only to preclusion and not to precedent are inadequate. Instead of excepting stare decisis from the operation of procedural due process, we should see it as meeting …