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Articles 18751 - 18780 of 25429
Full-Text Articles in Entire DC Network
Balancing Copyright Protections And Freedom Of Speech: Why The Copyright Extension Act Is Unconstitutional, Erwin Chemerinsky
Balancing Copyright Protections And Freedom Of Speech: Why The Copyright Extension Act Is Unconstitutional, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Environmental Compliance: Another Integrity Crisis Or Too Many Rules?, James Salzman, J.B. Ruhl, Kai-Sheng Song, Han Yu
Environmental Compliance: Another Integrity Crisis Or Too Many Rules?, James Salzman, J.B. Ruhl, Kai-Sheng Song, Han Yu
Faculty Scholarship
No abstract provided.
Military Commissions And The War On Terrorism, Christopher H. Schroeder
Military Commissions And The War On Terrorism, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
Judicial Activism And Conservative Politics, Ernest A. Young
Judicial Activism And Conservative Politics, Ernest A. Young
Faculty Scholarship
No abstract provided.
Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai
Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai
Faculty Scholarship
In the absence of a specialized patent trial court with expertise in fact-finding, the Court of Appeals for the Federal Circuit often reviews de novo the many factual questions that pervade patent law. De novo review of fact by an appellate court is problematic. In the area of patent law, as in other areas of law, there are sound institutional justifications for the conventional division of labor that gives trial courts primary responsibility for questions of law. This Article identifies the problems created by de novo appellate review of fact and argues for the creation of a specialized trial court …
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Book Review, Matthew D. Adler
Tort Reform And The Medical Liability Insurance Crisis In Mississippi: Diagnosing The Disease And Prescribing A Remedy, Neil Vidmar, Leigh Anne Brown
Tort Reform And The Medical Liability Insurance Crisis In Mississippi: Diagnosing The Disease And Prescribing A Remedy, Neil Vidmar, Leigh Anne Brown
Faculty Scholarship
No abstract provided.
Canadian Armed Forces Under United States Command, Michael Byers
Canadian Armed Forces Under United States Command, Michael Byers
Faculty Scholarship
No abstract provided.
Lobbying And Information In Politics, John M. De Figueiredo
Lobbying And Information In Politics, John M. De Figueiredo
Faculty Scholarship
No abstract provided.
The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.
The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.
Faculty Scholarship
One of the central concerns about American policy making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal - is extensive, there is very little scholarship which examines how the interdependencies between institutions affects the strategies of groups. In this paper we examine in a formal theoretical model how the opportunity to litigate administrative rulemaking in the courts affects the lobbying strategies of competing interest groups at the rulemaking stage. Using a resource-based view of group activity, we develop a …
Case Studies Of Pre- And Mid-Trial Prejudice In Criminal And Civil Litigation, Neil Vidmar
Case Studies Of Pre- And Mid-Trial Prejudice In Criminal And Civil Litigation, Neil Vidmar
Faculty Scholarship
This article presents a number of case studies involving pre- and mid-trial prejudice in criminal and civil litigation. The cases reveal deficiencies in the way that prejudicial publicity has been conceptualized and operationalized in many simulation experiments. The studies reveal that potential juror prejudices that concern lawyers and judges involve more than just main effects of mass media. Pre- and mid-trial prejudice also involves more general prejudices, gossip and rumor, the assertion of community normative values about justice, and conformity pressures. Four categories of prejudice recognized in American law are described and labeled: interest, specific, generic and conformity prejudice. The …
Restrictions On The Speech Of Judicial Candidates Are Unconstitutional: A Reply To Professor O’Neil, Erwin Chemerinsky
Restrictions On The Speech Of Judicial Candidates Are Unconstitutional: A Reply To Professor O’Neil, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Pharmacogenetic Interventions, Orphan Groups, And Distributive Justice: The Role Of Cost-Benefit Analysis, Arti K. Rai
Pharmacogenetic Interventions, Orphan Groups, And Distributive Justice: The Role Of Cost-Benefit Analysis, Arti K. Rai
Faculty Scholarship
No abstract provided.
Designing Global Climate Regulation, Jonathan B. Wiener
Designing Global Climate Regulation, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
What Are Larry’S Criteria For Good Corporate Law?, Mitu Gulati
What Are Larry’S Criteria For Good Corporate Law?, Mitu Gulati
Faculty Scholarship
No abstract provided.
Selecting Pennsylvania Judges In The Twenty-First Century, Paul D. Carrington, Adam R. Long
Selecting Pennsylvania Judges In The Twenty-First Century, Paul D. Carrington, Adam R. Long
Faculty Scholarship
No abstract provided.
Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington
Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
Faculty Scholarship
This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand …
Income Distribution Dynamics With Endogenous Fertility, Daniel L. Chen, Michael Kremer
Income Distribution Dynamics With Endogenous Fertility, Daniel L. Chen, Michael Kremer
Faculty Scholarship
Developing countries with highly unequal income distributions, such as Brazil or South Africa, face an uphill battle in reducing inequality. Educated workers in these countries have a much lower birth rate than uneducated workers. Assuming children of educated workers are more likely to become educated, this fertility differential increaases the proportion of unskilled workers, reducing their wages, and thus their opportunity cost of having children, creating a vicious cycle. A model incorporating this effect generates multiple stedy-state levels of inequality, suggesting that in some circumstances, temporarily increasing access to educational opportunities could permanently reduce inequality. Empirical evidence suggests that the …
Community Development: A New Tool For Strengthening Urban Neighborhoods, Brenda Bratton Blom, Robert B. Inerfeld
Community Development: A New Tool For Strengthening Urban Neighborhoods, Brenda Bratton Blom, Robert B. Inerfeld
Faculty Scholarship
No abstract provided.
Deconstructing The Slums Of Baltimore, Garrett Power
Deconstructing The Slums Of Baltimore, Garrett Power
Faculty Scholarship
No abstract provided.
Environmental Justice In An Era Of Devolved Collaboration , Sheila R. Foster
Environmental Justice In An Era Of Devolved Collaboration , Sheila R. Foster
Faculty Scholarship
Environmental decision-making is undergoing a profound shift. Traditional forums and processes are being displaced by mechanisms emphasizing local, "place-based" decision-making. These emerging decision-making mechanisms are orchestrated through collaborative processes featuring stakeholders from both the public and private sectors. This transformation is evident in a number of recent governmental initiatives, including those by the Environmental Protection Agency ("EPA"), most notably its Community-Based Environmental Protection ("CBEP") initiative. Other federal agencies, particularly those with land or species management responsibilities, have similarly advocated a greater role for local decision-makers and collaborative problem-solving. This Article examines the points of convergence and divergence between devolved collaboration …
Crime And Consciousness: Science And Involuntary Acts , Deborah W. Denno
Crime And Consciousness: Science And Involuntary Acts , Deborah W. Denno
Faculty Scholarship
This Article confronts this clash between legal and scientific perspectives on consciousness by proposing new ways to structure the voluntary act requirement so that it incorporates the insights of modern science on the human mind. Part I examines the criminal law's voluntary act requirement, particularly in the context of the MPC's influential provision, which reflects the law and psychology of the era in which the MPC was originally developed--the 1950s. Part II analyzes the new science of “consciousness,” a term that typically refers to the sum of a person's thoughts, feelings, and sensations, as well as the everyday circumstances and …
Pioneering The Lens Of Comparative Race Relations In Law: A. Leon Higginbotham, Jr. As A Model Of Scholarly Activism Symposium: Race, Values, And The American Legal Process - A Tribute To A. Leon Higginbotham, Jr., Tanya K. Hernandez
Faculty Scholarship
Judge A. Leon Higginbotham, Jr.'s scholarly legacy is one that continues to provide guidance for civil rights activism in the American legal process today. While the Judge's work as a legal scholar is justifiably lauded for its significant contribution to the development of a legal history of slavery and its consequences in the United States, his work also serves another significant role for legal scholars. I refer to Judge Higginbotham's pioneering use of comparative race relations in legal scholarship. In his examination of the South African racial context, the Judge methodically demonstrated the commonalities between the United States and South …
Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya K. Hernandez
Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya K. Hernandez
Faculty Scholarship
Studies consistently demonstrate that the act of judging is influenced by judges personal perspectives and experiences. For instance, research has demonstrated that empirically U.S. Supreme Court justices' behavior is motivated, in large part, by their individual attitudes or judicial philosophies.' In addition, research on the U.S. chief justice's distribution of opinion assignments also suggests that ideology plays a role inasmuch as those justices whose preferences are more closely aligned with the chief justice will be assigned to author opinions. Furthermore, empirical research indicates that the influence of ideology on judges also extends to federal appellate court judges in race relations …
Bush V. Gore As An Equal Protection Case, Richard Briffault
Bush V. Gore As An Equal Protection Case, Richard Briffault
Faculty Scholarship
In Bush v. Gore, the United States Supreme Court applied the Equal Protection Clause to the mechanics of state election administration. The Court invalidated the manual recount of the so-called undervote – that is, ballots that vote-counting machinery had found contained no indication of a vote for President – which the Florida Supreme Court had ordered to determine the winner of Florida's vote for presidential electors in the 2000 presidential election. The United States Supreme Court reasoned that the principles it had previously articulated in applying the Equal Protection Clause to the vote were violated by the Florida court's …
The Storrs Lectures: Liberals And Romantics At War: The Problem Of Collective Guilt, George P. Fletcher
The Storrs Lectures: Liberals And Romantics At War: The Problem Of Collective Guilt, George P. Fletcher
Faculty Scholarship
Somehow we in the West thought the age of war was behind us. After nuking Hiroshima, after napalming Vietnam, we had only distaste for the idea and the practice of war. The thought of dying for a noble cause, the pursuit of honor in the name of patria, brotherhood in arms – none of this appealed to us anymore. "I hate war and so does Eleanor," opined FDR in the oft-repeated lyrics of Pete Seeger. War became a subject for ironic disdain. As Tom Lehrer caught the mood of the 1960s: "We only want the world to know that …
Webwatch—Legal Self-Help, Pat Newcombe
Deep-Water Oculina Coral Reefs Of Florida: Biology, Impacts And Management, John K. Reed
Deep-Water Oculina Coral Reefs Of Florida: Biology, Impacts And Management, John K. Reed
Faculty Scholarship
Deep-water Oculina coral reefs, which are similar in structure and development to deep-water Lophelia reefs, stretch over 167 km (90 nmi) at depths of 70–100 m along the eastern Florida shelf of the United States. These consist of numerous pinnacles and ridges, 3–35 m in height. Coral growth rates average 16.1 mm yr−1 and biodiversity is very rich. Extensive areas of Oculina rubble may be due to human impacts (e.g. fish trawling and dredging, anchoring, bottom longlines) and natural processes such as bioerosion and episodic die-off. Early in the 1970s, the reefs were teeming with fish. By the early 1990s, …