Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Faculty Scholarship

Discipline
Institution
Keyword
Publication Year
File Type

Articles 17731 - 17760 of 25434

Full-Text Articles in Entire DC Network

Real Discrimination?, Erwin Chemerinsky Jan 2004

Real Discrimination?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Need To Clarify The Meaning Of U.S. Supreme Court Remands: The Lessons Of Punitive Damages’ Cases, Erwin Chemerinsky, Ned Miltenberg Jan 2004

The Need To Clarify The Meaning Of U.S. Supreme Court Remands: The Lessons Of Punitive Damages’ Cases, Erwin Chemerinsky, Ned Miltenberg

Faculty Scholarship

No abstract provided.


Evolving Standards Of Decency In 2003 - Is The Dealth Penalty On Life Support?, Erwin Chemerinsky Jan 2004

Evolving Standards Of Decency In 2003 - Is The Dealth Penalty On Life Support?, Erwin Chemerinsky

Faculty Scholarship

Honorable James J. Gilvary Symposium on Law, Religion and Social Justice, Keynote Address


The Death Of The Efficiency-Equity Tradeoff?: A Commentary On Mcmahon’S The Matthew Effect And Federal Taxation, Richard L. Schmalbeck Jan 2004

The Death Of The Efficiency-Equity Tradeoff?: A Commentary On Mcmahon’S The Matthew Effect And Federal Taxation, Richard L. Schmalbeck

Faculty Scholarship

Professor Martin J. McMahon, Jr.'s Afticle on the Matthew effect presents an important and timely argument about decreasing the income inequality in the United States through the federal tax system. His contention that the rich tend to get richer is widely supported by both economic and social theories. But Professor McMahon may be too sanguine about Congress's ability to increase top marginal tax rates signfficantly without adversely affecting economic output. In particular, concerns about the validity of the long-term studies on which he relies, and the failure to account fully for the special circumstances of very high-income taxpayers, suggest that …


Collapsing Corporate Structures: Resolving The Tension Between Form And Substance, Steven L. Schwarcz Jan 2004

Collapsing Corporate Structures: Resolving The Tension Between Form And Substance, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


Rethinking The Disclosure Paradigm In A World Of Complexity, Steven L. Schwarcz Jan 2004

Rethinking The Disclosure Paradigm In A World Of Complexity, Steven L. Schwarcz

Faculty Scholarship

In a prior article, Professor Schwarcz examined the factors that differentiate Enron's questionable use of off-balance sheet special purpose entities, (SPEs) from the trillions of dollars of "legitimate" securitization and other structured-finance transactions that use SPEs. The presence of meaningful differences, Professor Schwarcz argued, may inform regulatory schemes by providing a basis to distinguish which such transactions should be allowed or restricted. In that connection, Professor Schwarcz encountered the dilemma that some structured transactions are so complex that disclosure to investors of the company originating the transaction is necessarily imperfect - either oversimplifying the transaction, or providing detail and sophistication …


Federalism And The Treaty Power, Curtis A. Bradley Jan 2004

Federalism And The Treaty Power, Curtis A. Bradley

Faculty Scholarship

in presentations for: Treaties in U.S. Law: New Debates on Old Ideas


English Constitutionalism Circa 2005, Or, Some Funny Things Happened After The Revolution, Ernest A. Young Jan 2004

English Constitutionalism Circa 2005, Or, Some Funny Things Happened After The Revolution, Ernest A. Young

Faculty Scholarship

reviewing Adam Tompkins, Public Law (2003)


It’S Just Water: Toward The Normalization Of Admiralty, Ernest A. Young Jan 2004

It’S Just Water: Toward The Normalization Of Admiralty, Ernest A. Young

Faculty Scholarship

No abstract provided.


Gaining/Losing Perspective On The Law, Or Keeping Digital Evidence In Perspective, Christopher J. Buccafusco Jan 2004

Gaining/Losing Perspective On The Law, Or Keeping Digital Evidence In Perspective, Christopher J. Buccafusco

Faculty Scholarship

No abstract provided.


Intellectual Property Rights In Plant Varieties: An Overview With Options For National Governments, Laurence R. Helfer Jan 2004

Intellectual Property Rights In Plant Varieties: An Overview With Options For National Governments, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


Madisonian Equal Protection, James S. Liebman, Brandon L. Garrett Jan 2004

Madisonian Equal Protection, James S. Liebman, Brandon L. Garrett

Faculty Scholarship

James Madison is considered the "Father of the Constitution," but his progeny disappointed him. It had no effective defense against self-government's "mortal disease "--the oppression of minorities by local majorities. This Article explores Madison's writings in an effort to reclaim the deep conception of equal protection at the core of his constitutional aspirations. At the Convention, Madison passionately advocated a radical structural approach to equal protection under which the "extended republic's" broadly focused legislature would have monitored local laws and vetoed those that were parochial and "unjust." Rejecting this proposal to structure equal protection into the "interior" operation of government, …


Experimentalist Equal Protection, Brandon L. Garrett, James S. Liebman Jan 2004

Experimentalist Equal Protection, Brandon L. Garrett, James S. Liebman

Faculty Scholarship

Elsewhere Garrett and Liebman have recounted that though James Madison is considered "the Father of the Constitution," his progeny disappointed him because it was defenseless against self-government's "mortal disease "-the oppression of minorities by local majorities-because the Framers rejected the radical structural approach to equal protection that Madison proposed. Nor did the framers of the Fourteenth Amendment's Equal Protection Clause and federal courts enforcing it adopt a solution Madison would have considered "effectual." This Article explores recent subconstitutional innovations in governance and public administration that may finally bring the nation within reach of the constitutional polity Madison envisioned To explain …


Hearsay, Confrontation, And Forfeiture By Wrongdoing: Crawford V. Washington, A Reassessment Of The Confrontation Clause, Paul W. Grimm, Jerome E. Deise Jr. Jan 2004

Hearsay, Confrontation, And Forfeiture By Wrongdoing: Crawford V. Washington, A Reassessment Of The Confrontation Clause, Paul W. Grimm, Jerome E. Deise Jr.

Faculty Scholarship

No abstract provided.


Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali Jan 2004

Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali

Faculty Scholarship

No abstract provided.


Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr. Jan 2004

Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.

Faculty Scholarship

No abstract provided.


Affirmative Action And Colorblindness From The Original Position, Guy-Uriel Charles Jan 2004

Affirmative Action And Colorblindness From The Original Position, Guy-Uriel Charles

Faculty Scholarship

In this Article, the author explores Grutter v. Bollinger from the vantage point of the colorblindness principle. He posits that the Grutter decision is noteworthy for two reasons. First, the Court rejected the argument that the Constitution is colorblind and that the classifications based on race are per se unconstitutional. Second, the Court explicitly recognized that racial categorizations are not all morally equivalent. The author uses classical liberalism as a heuristic for exploring whether the colorblindness argument is necessarily a moral imperative. He ultimately concludes that the Court adopted the correct approach in Grutter in rejecting the allure of the …


The Rehnquist Revolution, Erwin Chemerinsky Jan 2004

The Rehnquist Revolution, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Losing Liberties: Applying A Foreign Intelligence Model To Domestic Law Enforcement, Erwin Chemerinsky Jan 2004

Losing Liberties: Applying A Foreign Intelligence Model To Domestic Law Enforcement, Erwin Chemerinsky

Faculty Scholarship

Since the tragedy of September 11, the federal government's actions have resulted in a serious erosion of liberties. In expanding authority for electronic eavesdropping and in claiming unprecedented authority to detain individuals without due process, the government has taken powers that previously have been limited to foreign intelligence gathering arid activities in foreign countries and has sought to use them for domestic law enforcement. This is a troubling increase of powers for the federal government that threatens civil liberties, without any likelihood that it is necessary to make the country safer.


I’Ve Seen Enough! My Life And Times In Health Care Law And Policy, Clark C. Havighurst Jan 2004

I’Ve Seen Enough! My Life And Times In Health Care Law And Policy, Clark C. Havighurst

Faculty Scholarship

No abstract provided.


A World Of Passions: How To Think About Globalization Now, Jedediah Purdy Jan 2004

A World Of Passions: How To Think About Globalization Now, Jedediah Purdy

Faculty Scholarship

No abstract provided.


Securitization Post-Enron, Steven L. Schwarcz Jan 2004

Securitization Post-Enron, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


Redesigning The Earned Income Tax Credit As A Family-Size Adjustment To The Minimum Wage, Lawrence A. Zelenak Jan 2004

Redesigning The Earned Income Tax Credit As A Family-Size Adjustment To The Minimum Wage, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty Jan 2004

Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty

Faculty Scholarship

No abstract provided.


Introduction: Mini-Symposium: International Public Goods And The Transfer Of Technology Under A Globalized Intellectual Property Regime, Jerome H. Reichman, Keith E. Maskus Jan 2004

Introduction: Mini-Symposium: International Public Goods And The Transfer Of Technology Under A Globalized Intellectual Property Regime, Jerome H. Reichman, Keith E. Maskus

Faculty Scholarship

No abstract provided.


The Challenge Of Cooperative Regulatory Relations After Enlargement, Francesca E. Bignami Jan 2004

The Challenge Of Cooperative Regulatory Relations After Enlargement, Francesca E. Bignami

Faculty Scholarship

This paper conceptualises European governance as a continuous series of collective action games among national regulators. European administration is theorized as a set of mutually beneficial relations among independent regulators, rather than as a hierarchy of supranational institutions, courts, and national administrators. The collective action approach highlights the importance of certain factors in fostering regulatory cooperation and enabling the common market to become an administrative reality: repeated interactions, monitoring and sanctioning by the Commission and the courts, reciprocity norms, and trust. It also suggests that one of the most significant challenges of enlargement will be to establish cooperative regulatory exchanges …


Allocating Power Over Fact-Finding In The Patent System, Arti K. Rai Jan 2004

Allocating Power Over Fact-Finding In The Patent System, Arti K. Rai

Faculty Scholarship

Under well-settled patent law, the decision regarding whether to grant or deny a patent turns on technical fact-finding. Recommendations made in recent patent system reform reports issued by the Federal Trade Commission (FTC) and the National Academy of Sciences (NAS) could have a substantial impact on which patent institution has power over fact-finding. The FTC's approach to power allocation is relatively explicit: the USPTO's factual findings should be accorded a low level of deference when made in the context of an ordinary patent grant; significant deference when made in the context of a patent denial; and perhaps the highest level …


What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat Jan 2004

What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat

Faculty Scholarship

Although corporate criminal liability has been recognized in the United States for nearly a century, contemporary academic commentators have questioned its legitimacy and argued that it is inferior to its alternatives: civil liability for the corporation and/or criminal liability for individual corporate agents. Other academic critics have attacked the present definitions of corporate criminal liability. In other words, although corporate criminal liability has also had its academic champions, it has been under attack in the United States. The situation in Europe poses a sharp contrast.


Proprietary Considerations, Arti K. Rai, Rebecca S. Eisenberg Jan 2004

Proprietary Considerations, Arti K. Rai, Rebecca S. Eisenberg

Faculty Scholarship

No abstract provided.


Innovation In Boilerplate Contracts: An Empirical Examination Of Soverign Bonds, Mitu Gulati, Stephen J. Choi Jan 2004

Innovation In Boilerplate Contracts: An Empirical Examination Of Soverign Bonds, Mitu Gulati, Stephen J. Choi

Faculty Scholarship

Network externalities may lead contracting parties to stay wiht a "standardized" term despite preferences for another term. Using a dataset of sovereign bond offerings from 1995 to early 2004, we test the importance of standardization for the modification provisions relating to payment terms. We provide evidence that (1) standardization may lead parties to adopt provisions not necessarily out of preference and (2) standards, nonetheless, may change. The process of change, however, is not necessarily quick or straightforward. In the sovereign bond context, change came by way of an "interpretive shock." Contracts with modification provisions requiring the unanimous consent of bondholders …