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Articles 17731 - 17760 of 25434
Full-Text Articles in Entire DC Network
Real Discrimination?, Erwin Chemerinsky
The Need To Clarify The Meaning Of U.S. Supreme Court Remands: The Lessons Of Punitive Damages’ Cases, Erwin Chemerinsky, Ned Miltenberg
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
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
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
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
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
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
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
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
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
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
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
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.
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
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.
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
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
Losing Liberties: Applying A Foreign Intelligence Model To Domestic Law Enforcement, Erwin Chemerinsky
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
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
A World Of Passions: How To Think About Globalization Now, Jedediah Purdy
Faculty Scholarship
No abstract provided.
Securitization Post-Enron, Steven L. Schwarcz
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
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
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
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
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
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
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
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
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 …