Digital Commons Network^™

In Defense Of Filibustering Judicial Nominations, Erwin Chemerinsky, Catherine Fisk

Faculty Scholarship

No abstract provided.

The Lower Federal Courts And The War On Terrorism, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Knowledge Work: New Metaphors For The New Economy, Catherine Fisk

Faculty Scholarship

No abstract provided.

Looking Forward: 2005-2010 - A Sovereign Debt Restructuring Reverie, Steven L. Schwarcz

Faculty Scholarship

In a prior article, the author asked why, if a sovereign debt restructuring treat would be effective and easy to implement, one does not yet exist. There appeared to be at least three reasons: the very novelty of the approach; the opposition of interest groups who believe that a treaty approach would make it too easy for sovereign debtors to default; and the failure of parties to appreciate the importance of a treaty approach, coupled with concern over ceding sovereignty. In this short reverie, the author hopes to show that these reasons are flawed and that, even where bond issues …

Temporal Perspectives: Resolving The Conflict Between Current And Future Investors, Steven L. Schwarcz

Faculty Scholarship

This article examines the temporal conflict between current and future investors. Although disclosure can reduce the information asymmetry between a firm and investors in the firm's securities, disclosure itself involves probabilities and difficult judgment choices and often is ambiguous. If a risk is possible though unlikely, should management disclose it? If the risk should be disclosed, how prominently should it be disclosed? These questions highlight the temporal conflict: disclosure of a possible risk harms a firm's current investors, and the more prominent the disclosure, the greater their harm; but failure to disclose the risk, or to give sufficient prominence to …

Medical Malpractice Lawsuits: An Essay On Patient Interests, The Colntingency Fee System, Juries, And Social Policy, Neil Vidmar

Faculty Scholarship

No abstract provided.

Uncovering The Invisible Profile Of Medical Malpractice Litigation: Insights From Florida, Neil Vidmar, Paul Lee, Kara Mackillop, Kieran Mccarthy, Gerald Mcgwin

Faculty Scholarship

No abstract provided.

Tax Or Welfare - The Administration Of The Earned Income Tax Credit, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.

Behavioral Economics And Health Policy: Understanding Medicaid’S Failure, Barak D. Richman

Faculty Scholarship

This Article employs a behavioral economic analysis to understand why Medicaid has failed to improve the health outcomes of its beneficiaries. It begins with a formal economic model of health care consumption and then systematically incorporates a survey of psychosocial variables to formulate explanations for persistent health disparities. This methodology suggests that consulting the literature in health psychology and intertemporal decision theory - empirical sources generally excluded from orthodox economic analysis - provides valuable material to explain certain findings in health econometrics. More significantly, the lessons from this behavioral economic approach generate useful policy considerations for Medicaid policymakers, who largely …

The European Union’S New Ambitions, Francesca E. Bignami

Faculty Scholarship

No abstract provided.

2003-2004 Supreme Court Update, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Who Are Those Guys? An Empirical Examination Of Medical Malpractice Plaintiffs’ Attorneys, Thomas B. Metzloff, Catherine T. Harris, Ralph A. Peeples

Faculty Scholarship

Abstract not available

We Are All Saying Much The Same Thing: A Rejoinder To The Comments Of Professors Coffee, Macy And Simon, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Teaching Property Stories (Book Review), Laura S. Underkuffler

Faculty Scholarship

Reviewing Property Stories (Gerald Korngold & Andrew P. Morris eds., 2004))

Foreign Law And The Denominator Problem, Ernest A. Young

Faculty Scholarship

No abstract provided.

Making Federalism Doctrine: Fidelity, Institutional Competence, And Compensating Adjustments, Ernest A. Young

Faculty Scholarship

No abstract provided.

Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. (“Now What?”), William W. Van Alstyne

Faculty Scholarship

This article explores the variety of opinions expressed by the Justices in the two “Ten Commandments” cases, specifically Justice O’Connor’s dissent and Justice Breyer’s concurrence in Van Orden v. Perry.

Statutory Interpretation And The Intentional(Ist) Stance, Cheryl Boudreau, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Lost In Translation: Social Choice Theory Is Misapplied Against Legislative Intent, Arthur Lupia, Mathew D. Mccubbins

Faculty Scholarship

Several prominent scholars use results from social choice theory to conclude that legislative intent is meaningless. We disagree. We support our argument by showing that the conclusions in question are based on misapplications of the theory. Some of the conclusions in question are based on Arrow's famous General Possibility Theorem. We identify a substantial chasm between what Arrow proves and what others claim in his name. Other conclusions come from a failure to realize that applying social choice theory to questions of legislative intent entails accepting assumptions such as "legislators are omniscient" and "legislators have infinite resources for changing law …

Social Choice, Crypto-Initiaives, And Policymaking By Direct Democracy, Thad Kousser, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

What Is New In The New Statutory Interpretation? Introduction To The Journal Of Contemporary Legal Issues Symposium, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Innocence, Harmless Error, And Federal Wrongful Conviction Law, Brandon L. Garrett

Faculty Scholarship

This Article examines the body of law emerging in cases brought by former criminal defendants once exonerated, often through DNA testing, which may fundamentally reshape our criminal justice system. Federal wrongful conviction actions share a novel construction - they rely on criminal procedure rights incorporated as an element in a civil rights lawsuit. During a criminal trial, remedies for violations of procedural rights are often seen as truth defeating, because they exclude evidence possibly probative of guilt. In a civil wrongful conviction action, that remedial paradigm is reversed. The exonerated defendant instead seeks to remedy government misconduct that was truth …

A Brief History Of Bioperl, Colin Crossman, Arti K. Rai

Faculty Scholarship

Large-scale open-source projects face a litany of pitfalls and difficulties. Problems of contribution quality, credit for contributions, project coordination, funding, and mission-creep are ever-present. Of these, long-term funding and project coordination can interact to form a particularly difficult problem for open-source projects in an academic environment.

BioPerl was chosen as an example of a successful academic open-source project. Several of the roadblocks and hurdles encountered and overcome in the development of BioPerl are examined through the telling of the history of the project. Along the way, key points of open-source law are explained, such as license choice and copyright.

The …

Using Intellectual Property Rights To Preserve The Global Genetic Commons: The International Treaty On Plant Genetic Resources For Food & Agriculture, Laurence R. Helfer

Faculty Scholarship

Over the last twenty years, national governments, patent owners, farmers, plant breeders, researchers, and a diverse array of non-governmental organizations (NGOs) have engaged in a vigorous debate over how to conserve and utilize the world's plant genetic diversity. On one side of this debate are advocates of a pure global commons regime, which would allow researchers, breeders, and farmers free and unfettered access to all plant genetic resources (PGRs), including those held in international seed banks, in national collections, and in situ on public lands. On the other side are advocates of a private property approach, which seeks to encourage …

Judicial Triage: Reflections On The Debate Over Unpublished Opinions, Mitu Gulati, David C. Vladeck

Faculty Scholarship

No abstract provided.

Tripoint Issues In Maritime Boundary Delimitation, Coalter G. Lathrop

Faculty Scholarship

Tripoint issues arise in maritime boundary delimitation where the maritime areas of three coastal states converge and overlap. Where this trilateral geographic relationship exists, so to does the potential for a tripoint at which three bilateral maritime boundaries could intersect. How should the endpoint(s) of the bilateral boundary be defined in light of possible third party interests? The goal of this report is to provide boundary practitioners with some answers to that question based on the maritime boundary delimitation practice of states, the International Court of Justice, and maritime boundary tribunals.

Teaching National Security Law, Scott L. Silliman

Faculty Scholarship

No abstract provided.

Medical Malpractice And The Tort System In Illinois (Report To The Illinois State Bar Association, May 2005), Neil Vidmar

Faculty Scholarship

A report to the Illinois State Bar Association of a study examining the incidence, frequency, size of verdicts and other aspects of the medical malpractice system in Illinois. The study looked at statewide data where available, concentrating on Cook and DuPage counties, and Madison and St. Clair counties. The study concludes that the Illinois tort system does not appear to be the cause of the undisputed fact that doctors' liability insurance premiums showed dramatic rises.

Tax Shelters And The Search For The Silver Bullet, Lawrence A. Zelenak, Marvin Chirelstein

Faculty Scholarship

This article describes the ongoing legislative and administrative efforts to curtail tax shelters. It concludes that these efforts, which rely largely on disclosure requirements and penalties, cannot succeed as long as taxpayers continue to win many of the litigated shelter cases. It also concludes that the recent proposal of the Joint Committee on Taxation, to codify the economic substance doctrine, is unlikely to solve the problem. Although the proposal would have the salutary effect of preventing courts from deciding that the economic substance doctrine does not exist, courts would remain free to conclude that the doctrine is not applicable in …

The Confused U.S. Framework For Foreign-Bank Insolvency: An Open Research Agenda, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.