Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (21555)
- Constitutional Law (2035)
- Criminal Law (1303)
- International Law (1138)
- Social and Behavioral Sciences (1129)
-
- Intellectual Property Law (1108)
- Health Law and Policy (1078)
- Business Organizations Law (1067)
- Civil Rights and Discrimination (1044)
- Law and Economics (897)
- Law and Society (819)
- Banking and Finance Law (806)
- Environmental Law (800)
- Criminal Procedure (760)
- Courts (687)
- Legal Education (687)
- Medicine and Health Sciences (681)
- Law and Politics (641)
- Administrative Law (638)
- Law and Gender (622)
- Law and Race (611)
- Legal History (598)
- Securities Law (591)
- Other Law (583)
- Comparative and Foreign Law (565)
- Contracts (554)
- Family Law (528)
- Tax Law (503)
- Legal Profession (488)
- Physical Sciences and Mathematics (487)
- Institution
-
- Columbia Law School (4168)
- Duke Law (3822)
- Boston University School of Law (3121)
- UC Law SF (2092)
- Texas A&M University School of Law (1736)
-
- Brooklyn Law School (1600)
- Case Western Reserve University (1508)
- University of Maryland Francis King Carey School of Law (1459)
- Fordham Law School (1365)
- University of New Mexico (922)
- Mitchell Hamline School of Law (530)
- Penn State Dickinson Law (501)
- California Western School of Law (466)
- Nova Southeastern University (345)
- Lindenwood University (342)
- Western New England University (339)
- Brigham Young University Law School (262)
- Widener University Commonwealth Law School (252)
- Barry University School of Law (245)
- Florida Atlantic University (108)
- Colby College (75)
- James Madison University (50)
- Belmont University (33)
- University of Arkansas Little Rock (30)
- University of San Diego (25)
- Wofford College (18)
- University of Louisiana at Lafayette (11)
- Lesley University (8)
- Otterbein University (8)
- University of Southern Maine (4)
- Keyword
-
- Constitutional law (520)
- SSRN (395)
- Supreme Court (291)
- International law (285)
- Columbia Law Review (271)
-
- Criminal law (267)
- Corporate governance (266)
- Law (261)
- Intellectual property (258)
- Copyright (219)
- Civil rights (214)
- Privacy (213)
- Race (209)
- Human rights (201)
- Discrimination (185)
- Legal education (184)
- Administrative law (181)
- Climate change (178)
- Courts (177)
- United States (173)
- Artificial intelligence (165)
- Judicial review (163)
- Regulation (162)
- Federalism (160)
- Constitution (157)
- First Amendment (146)
- Contracts (145)
- Separation of powers (140)
- Jurisprudence (131)
- Empirical (126)
- Publication Year
- File Type
Articles 15661 - 15690 of 25449
Full-Text Articles in Entire DC Network
Giving Millennials A Leg-Up: How To Avoid The If I Knew Then What I Know No Syndrome, Leslie Larkin Cooney
Giving Millennials A Leg-Up: How To Avoid The If I Knew Then What I Know No Syndrome, Leslie Larkin Cooney
Faculty Scholarship
While it may not be possible for law schools to train students completely within three years for the practice of law, we can come much closer to this goal and make the transition to professional life an easier and more productive one. This article explores the common traits of members of the generation comprising today's law students who prefer the label Millennial to others because of their expressed wish not to be associated with Generation X. The article discusses ways to enhance clinical education and teach lifelong learning skills so students can continue developing their problem solving expertise long after …
Chimeras: Double The Dna - Double The Fun For Crime Scene Investigators, Prosecutors, And Defense Attorneys?, Catherine Arcabascio
Chimeras: Double The Dna - Double The Fun For Crime Scene Investigators, Prosecutors, And Defense Attorneys?, Catherine Arcabascio
Faculty Scholarship
This article first explores the mythological origins of the term "chimera." It then explores the causes and scientific explanations of chimerism and the various conditions covered by the term chimera in the area of genetics. Although this article will discuss the various chimeric conditions that are thought to exist, its primary focus is on chimerism that is the result of the fusing of embryos in utero. Next, the article will discuss recent cases of chimerism - and of alleged chimerism - and how the genetic differences between chimeras and the general population came to light. It also will discuss …
Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Olympia Duhart, Eloisa C. Rodriguez-Dod
Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Olympia Duhart, Eloisa C. Rodriguez-Dod
Faculty Scholarship
Hurricane Katrina destroyed the homes of many people living in parts of the Gulf Region. The storm displaced as many as 800,000 victims and it is still difficult for them to return home. Consequently, many homeowners have turned to renting because of the slow recovery process. Renters face added difficulties; they are often the last in line for government benefits and other assistance. There is much hostility towards the rights of renters, creating even more difficulties for them. This article focuses on the difficulties facing evacuee renters in New Orleans following the disaster. These renters face such obstacles as scarcity …
Blowing The Lid Off: Expanding The Due Process Clause To Defend The Defenseless Against Hurricane Katrina, Olympia Duhart
Blowing The Lid Off: Expanding The Due Process Clause To Defend The Defenseless Against Hurricane Katrina, Olympia Duhart
Faculty Scholarship
No abstract provided.
Take Back The Night: Why An Association Of Regional Law Schools Will Return Core Values To Legal Education And Provide An Alternative To Tiered Rankings, Jon M. Garon
Faculty Scholarship
The system of legal education is fundamentally broken not because of the legal education produced, but because of the social and economic cost to the students and the public. The students have too few price choices and far too much debt while the public has legal services that are too expensive to provide meaningful representation for a significant portion of the population. Moreover, as preferred pedagogical and institutional choices have evolved into baseline accreditation requirements, the ability to reach a broadly diverse group of law students has been stymied. The public is being priced out of legal services, and the …
Minnesota Reflections On A Century Of Change And Stasis: Roscoe Pound's Visit To St. Paul, Jon M. Garon
Minnesota Reflections On A Century Of Change And Stasis: Roscoe Pound's Visit To St. Paul, Jon M. Garon
Faculty Scholarship
No abstract provided.
"In A Case, On The Screen, Do They Remember What They've Seen?" Critical Electronic Reading In The Law Classroom, Debra Moss Curtis
"In A Case, On The Screen, Do They Remember What They've Seen?" Critical Electronic Reading In The Law Classroom, Debra Moss Curtis
Faculty Scholarship
In 2005, we produced a well-received article and presentation entitled, "'In a Case, In a Book, They Will Not Take a Second Look!' Critical Reading in the Legal Writing Classroom." The article examined the educational foundations of critical reading, as well as, critical reading techniques. The purpose was to establish that law students need instruction in critical reading. In the article, we offered creative solutions that had been successfully used in our legal writing classes. In the two years since, we have found it necessary to reconsider the problem of critical reading in the law school classroom, in light of …
Corporate Governance Issues: United States And The European Union, Florence Shu-Acquaye
Corporate Governance Issues: United States And The European Union, Florence Shu-Acquaye
Faculty Scholarship
No abstract provided.
Geographic Variation In Informed Consent Law: Two Standards For Disclosure Of Treatment Risks, David M. Studdert, Michelle M. Mello, Marin K. Levy, Russell L. Gruen, Edward J. Dunn, E. John Orav, Troyen A. Brennan
Geographic Variation In Informed Consent Law: Two Standards For Disclosure Of Treatment Risks, David M. Studdert, Michelle M. Mello, Marin K. Levy, Russell L. Gruen, Edward J. Dunn, E. John Orav, Troyen A. Brennan
Faculty Scholarship
We analyzed 714 jury verdicts in informed consent cases tried in 25 states in 1985–2002 to determine whether the applicable standard of care (“patient” vs. “professional” standard) affected the outcome. Verdicts for plaintiffs were significantly more frequent in states with a patient standard than in states with a professional standard (27 percent vs. 17 percent, P = 0.02). This difference in outcomes did not hold for other types of medical malpractice litigation (36 percent vs. 37 percent, P = 0.8). The multivariate odds of a plaintiff’s verdict were more than twice as high in states with a patient standard than …
A System Of Wholesale Denial Of Rights, Michael E. Tigar
A System Of Wholesale Denial Of Rights, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy Meyer
Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy Meyer
Faculty Scholarship
No abstract provided.
Sosa And The Retail Incorporation Of International Law, Ernest A. Young
Sosa And The Retail Incorporation Of International Law, Ernest A. Young
Faculty Scholarship
Since its release in 2004, Justice Souter’s majority opinion in Sosa v. Alvarez-Machain has become something of a Rorschach blot, in which each of the contending sides in the debate over the domestic status of customary international law (CIL) sees what it was predisposed to see anyway. Neither the thoughtful article by Professors Curtis Bradley, Jack Goldsmith, and David Moore, nor this comment upon that article, is any exception to that tendency: we, too, read Sosa as vindicating our previously expressed positions on this debate. That is an embarrassing situation for scholars all round, and it counsels caution in interpreting …
Creating Online Tutorials: Five Lessons Learned, Lauren M. Collins
Creating Online Tutorials: Five Lessons Learned, Lauren M. Collins
Faculty Scholarship
No abstract provided.
High Poverty Schools And The Distribution Of Teachers And Principals, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor, Justin Wheeler
High Poverty Schools And The Distribution Of Teachers And Principals, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor, Justin Wheeler
Faculty Scholarship
Although many factors combine to make a successful school, most people agree that quality teachers and school principals are among the most important requirements for success, especially when success is defined by the ability of the school to raise the achievement of its students. The central question for this study is how the quality of the teachers and principals in high-poverty schools in North Carolina compares to that in the schools serving more advantaged students. A related question is why these differences emerge. The consistency of the patterns across many measures of qualifications for both teachers and principals leaves no …
Intellectual Property: Does Ip Harm Or Help Developing Countries?, Jerome H. Reichman
Intellectual Property: Does Ip Harm Or Help Developing Countries?, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Police Deception Before Miranda Warnings: The Case For Per Se Exclusion Of An Entirely Unjustified Practice At A Particularly Sensitive Moment, Robert P. Mosteller
Police Deception Before Miranda Warnings: The Case For Per Se Exclusion Of An Entirely Unjustified Practice At A Particularly Sensitive Moment, Robert P. Mosteller
Faculty Scholarship
This essay focuses on the limits of deception practiced before the suspect waives his or her rights under Miranda v. Arizona (1966). In Miranda, the Court stated: [A]ny evidence that the accused was threatened, tricked, or cajoled into a waiver will, of course, show that the suspect did not voluntarily waive his privilege. The quotation appears to forbid any evidence of threats, tricks, or cajolery, which contributes to a waiver of the privilege, creating a per se exclusion. However, in Moran v. Burbine (1986), the Court shifts focus away from the nature of the police conduct to its effect on …
Democracy And Distortion, Guy-Uriel Charles
Democracy And Distortion, Guy-Uriel Charles
Faculty Scholarship
This Article contends that judicial supervision of excessive manipulation of electoral lines for partisan purposes - political gerrymandering - may be justified in a mature democracy. The Article responds to the debate among courts and commentators over whether political gerrymandering presents any constitutionally relevant harms and, further, whether courts may be able to resolve the structural issues presented by political gerrymandering claims. Drawing from political theory and political science, this Article develops a theory of institutional distortion and provides a justification for aggressive judicial review of questions of democratic governance. The Article does not argue that the United States Supreme …
The Future Of The International Labour Organization, Laurence R. Helfer
The Future Of The International Labour Organization, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Justice Holmes, Ralph Kramden, And The Civic Virtues Of A Tax Return Filing Requirement, Lawrence A. Zelenak
Justice Holmes, Ralph Kramden, And The Civic Virtues Of A Tax Return Filing Requirement, Lawrence A. Zelenak
Faculty Scholarship
A major goal of some tax reform proponents is the elimination of the return filing requirement for many or all Americans. Although the President's Advisory Panel on Federal Tax Reform heard several hours of testimony concerning the possibility of a "return-free" income tax system, the Report of the Panel failed even to discuss the issue. This Article contends that the Panel was right to recommend (by implication) the retention of a return-based tax system, given the Panel's recommendations for major tax simplification. As long as the return filing obligation is not unduly burdensome which it would not be under the …
Race, Redistricting, And Representation, Guy-Uriel Charles
Race, Redistricting, And Representation, Guy-Uriel Charles
Faculty Scholarship
This Essay, which was written for the Ohio State Law Journal's symposium on Election Law and the Roberts Court, examines the Court's decision in League of United Latin American Citizens (LULAC) v. Perry. The Essay explores two ways of reading LULAC: first as a racial representation case and second as a case concerned with representation itself. The essay argues that politics not race is the majority's worry in LULAC and that the case is the first application of Justice Kennedy's representation rights concept first introduced in Vieth.
Civil Procedure To Enforce Transnational Rights?, Paul D. Carrington
Civil Procedure To Enforce Transnational Rights?, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Ruminations About The Eeoc’S Policy Regarding Arbitration, Michael Z. Green
Ruminations About The Eeoc’S Policy Regarding Arbitration, Michael Z. Green
Faculty Scholarship
This paper addresses the Equal Employment Opportunity Commission's current policy statement against the use of mandatory arbitration which is now more than ten years old. Quite a lot has occurred since the 1997 statement in which the EEOC criticized employers who attempted to require that employees agree as a condition of employment to arbitrate their statutory employment discrimination claims. Since 1997, the Supreme Court has issued opinions in both Circuit City v. Adams and EEOC v. Waffle House that should have clarified the EEOC's position. The author explores the reasons why the EEOC has still not taken a clear position …
Federal Suits And General Laws: A Comment On Judge Fletcher's Reading Of Sosa V. Alvarez-Marchain, Ernest A. Young
Federal Suits And General Laws: A Comment On Judge Fletcher's Reading Of Sosa V. Alvarez-Marchain, Ernest A. Young
Faculty Scholarship
No abstract provided.
Criminal Procedure Within The Firm, Samuel W. Buell
Criminal Procedure Within The Firm, Samuel W. Buell
Faculty Scholarship
It seems improbable that the theoretical and doctrinal framework of criminal procedure, developed mostly through a binary model of the individual and the state, would fit without modification in the tripartite model of the state, the firm, and the individual that characterizes the investigation and sanctioning of criminal conduct within legal entities. This intuition—which has been underexplored in spite of heated public debate about the state’s practices in this area—proves correct. I develop some components of a framework for understanding procedure for individual cases of criminal wrongdoing within firms and generating insights to guide reform. The process of pursuing individual …
Bankruptcy Decision Making: An Empirical Study Of Continuation, Edward R. Morrison
Bankruptcy Decision Making: An Empirical Study Of Continuation, Edward R. Morrison
Faculty Scholarship
Many small businesses attempt to reorganize under Chapter 11 of the U.S. Bankruptcy Code, but most are ultimately liquidated instead. Little is known about this shutdown decision. It is widely suspected that the bankruptcy process exhibits a continuation bias, allowing failing businesses to linger under the protection of the court, which resists liquidation even when it is optimal. This paper examines the shutdown decision in a sample of Chapter 11 bankruptcy cases filed in a typical bankruptcy court over the course of a year. The presence of continuation bias is tested along several dimensions – the extent of managerial control …
Equal Access To Post-Secondary Education: The Sisyphean Impact Of Flagging Test Scores Of Persons With Disabilities, Helia Garrido Hull
Equal Access To Post-Secondary Education: The Sisyphean Impact Of Flagging Test Scores Of Persons With Disabilities, Helia Garrido Hull
Faculty Scholarship
In view of the social stigma associated with disabilities, and the inherent costs of providing accommodations to disabled students, the opportunity for bias within the admissions selection process is clear. As a result, the practice of flagging standardized tests has come under increasing scrutiny. The practice of distinguishing test takers having a disability from those who do not runs counter to the social policy of inclusion, and prevents disabled individuals from enjoying the benefits of equal citizenship. Part II of this paper provides a brief overview of the prejudice disabled individuals have endured throughout history, and discusses some early movements …
The Danger Of Future Dangerousness In Death Penalty Use, Brian Sites
The Danger Of Future Dangerousness In Death Penalty Use, Brian Sites
Faculty Scholarship
In spite of thousands of years of science, humankind is distinctly unable to predict the future. And yet, the judicial system is called upon to do just so daily. In bail considerations, judges predict flight risk. In parole hearings, officials contemplate the likelihood of reoffense. And in three states, a defendant convicted of a capital crime will live or die based on what a judge and jury thinks he will do in an unknown future. It has been observed that “what separates the executioner from the murderer is the legal process by which the state ascertains and condemns those guilty …
Diplomatic Immunity Ratione Personae Did The International Court Of Justice Create A New Rule Of Customary International Law In Congo V Belgium, Mark A. Summers
Diplomatic Immunity Ratione Personae Did The International Court Of Justice Create A New Rule Of Customary International Law In Congo V Belgium, Mark A. Summers
Faculty Scholarship
No abstract provided.
Phantom Parties And Other Practical Problems With The Attempted Abolition Of Joint And Several Liability, Nancy C. Marcus
Phantom Parties And Other Practical Problems With The Attempted Abolition Of Joint And Several Liability, Nancy C. Marcus
Faculty Scholarship
In recent years, the allocation of responsibility to multiple tortfeasors and corresponding limitations on joint and several liability have been mired with uncertainty and change. This article describes the various forms of tort reform legislation limiting joint and several liability, explaining that some states limit joint and several liability according to the proportionality of the plaintiff's comparative fault, explaining that there is no clear majority approach to joint and several liability legislation and its interpretation by the courts, that a number of states have resisted the trend toward modifying joint and several liability, and that no state has enacted legislation …
Three Modes Of Legal Problem Solving–And What To Do About Them In Legal Education, Thomas D. Barton
Three Modes Of Legal Problem Solving–And What To Do About Them In Legal Education, Thomas D. Barton
Faculty Scholarship
Legal problems are addressed in at least three basic ways, or modes, each of which is associated with a particular "tense": (1) through judgment, an authoritative decision pronounced by an empowered third party concerning the legal significance of past behaviors; (2) through consent, a "present tense" resolution in which the parties to a legal concern resolve it privately by negotiated or mediated agreement; and (3) through prevention, a future-oriented process that designs contracts, legal arrangements, compliance regimes, education and training programs, organizational structures, or even physical environments so as to keep legal risks from erupting into injuries or legal liability. …