Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (21532)
- Constitutional Law (2031)
- Criminal Law (1299)
- International Law (1138)
- Social and Behavioral Sciences (1127)
-
- Intellectual Property Law (1108)
- Health Law and Policy (1073)
- Business Organizations Law (1067)
- Civil Rights and Discrimination (1042)
- 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 (527)
- Tax Law (503)
- Legal Profession (488)
- Physical Sciences and Mathematics (487)
- Institution
-
- Columbia Law School (4166)
- Duke Law (3822)
- Boston University School of Law (3117)
- UC Law SF (2083)
- 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 (1360)
- University of New Mexico (922)
- Mitchell Hamline School of Law (530)
- Penn State Dickinson Law (499)
- California Western School of Law (466)
- Nova Southeastern University (345)
- Lindenwood University (342)
- Western New England University (339)
- Brigham Young University Law School (261)
- 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 (260)
- Intellectual property (258)
- Copyright (219)
- Civil rights (214)
- Privacy (213)
- Race (209)
- Human rights (200)
- Discrimination (185)
- Legal education (184)
- Administrative law (181)
- Climate change (178)
- Courts (177)
- United States (173)
- Artificial intelligence (164)
- 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 18901 - 18930 of 25426
Full-Text Articles in Entire DC Network
Regulatory Traffic Jams, James Salzman, J.B. Ruhl, Kai-Sheng Song
Regulatory Traffic Jams, James Salzman, J.B. Ruhl, Kai-Sheng Song
Faculty Scholarship
No abstract provided.
Retributive Justice: Its Social Context, Neil Vidmar
Retributive Justice: Its Social Context, Neil Vidmar
Faculty Scholarship
Until relatively recently, social psychologists have given less attention to retributive justice than to other forms of justice, such as distributive and procedural justice. Although interest in retributive justice is increasing, the fact remains that social psychological research on retribution has tended to ignore, or at least downplay, the insights of sociologists in deference to an approach that examines how individuals respond to deviant acts. Without rejecting psycholgical analyses, this chpater draws attention to the social context and social consequences of retributive justice. Group dynamics are at play in a wide array of settings in which people respond to rule …
Precaution In A Multi-Risk World, Jonathan B. Wiener
Precaution In A Multi-Risk World, Jonathan B. Wiener
Faculty Scholarship
Heads up. The "Precautionary Principle" is coming to a law near you. It aspires to answer a timeless question: how should society in general, and regulatory authorities in particular, respond to uncertain risks? This chapter addresses the normative and positive implications of adopting the Precautionary Principle. Whereas many analyses have compared precautionary versus reactive regulatory strategies as applied to individual risks taken one at a time, this chapter examines precaution in a world of multiple risks. It distinguishes different versions of the Precautionary Principle, some of which are more sensible than others. It suggests that precaution against one risk may …
Comparing Precaution In The United States And Europe, Jonathan B. Wiener, Michael D. Rogers
Comparing Precaution In The United States And Europe, Jonathan B. Wiener, Michael D. Rogers
Faculty Scholarship
The regulation of health and environmental risks has generated transatlantic controversy concerning precaution and the precautionary principle (PP). Conventional wisdom sees the European Union endorsing the PP and proactively regulating uncertain risks, while the United States opposes the PP and waits for evidence of harm before regulating. Without favouring either approach, this paper critically analyses the conventional depiction of transatlantic divergence. First, it reviews several different versions of the PP and their different implications. Second, it broadens the transatlantic comparison of precaution beyond the typical focus on single-risk examples, such as genetically modified foods. Through case studies, including hormones in …
Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young
Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young
Faculty Scholarship
The European Union's ongoing "Convention on the Future of Europe" must tackle a fundamental issue of federalism: the balance between central authority and Member State autonomy. In this article, Ernest Young explores two strategies for protecting federalism in America - imposing substantive limits on central power and relying on political and procedural safeguards - and considers their prospects in Europe. American experience suggests that European attempts to limit central power by enumerating substantive "competencies" for Union institutions are unlikely to hold up, and that other substantive strategies such as the concept of "subsidiarity" tend to work best as political imperatives …
Sorting Out The Debate Over Customary International Law, Ernest A. Young
Sorting Out The Debate Over Customary International Law, Ernest A. Young
Faculty Scholarship
No abstract provided.
The Consequences Of Enlisting Federal Grand Juries In The War On Terrorism: Assessing The Usa Patriot Act’S Changes To Grand Jury Secrecy, Sara Sun Beale, James E. Felman
The Consequences Of Enlisting Federal Grand Juries In The War On Terrorism: Assessing The Usa Patriot Act’S Changes To Grand Jury Secrecy, Sara Sun Beale, James E. Felman
Faculty Scholarship
No abstract provided.
The Tragedy Of The Asbestos Commons, Francis Mcgovern
The Tragedy Of The Asbestos Commons, Francis Mcgovern
Faculty Scholarship
No abstract provided.
Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai
Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai
Faculty Scholarship
No abstract provided.
Choice Of Law Problems Arising When Unmarried Cohabitants Change Domicile, William A. Reppy Jr.
Choice Of Law Problems Arising When Unmarried Cohabitants Change Domicile, William A. Reppy Jr.
Faculty Scholarship
This article explores choice of law problems that will arise when a court determines the property-based claims between cohabitants in situations where the pair began their cohabitation in one state before at least one of them moved to another state and after the breakup of the couple or the death of one of them. These choice of law issues affecting cohabitants are far more complex than the conflict of laws issues arrising when lawfully married couples change domicile, primarily because of lack of agreement among the states as to what legal theory controls the rights of unmarried cohabitants.
Closing The Courthouse Doors To Civil Rights Litigants, Erwin Chemerinsky
Closing The Courthouse Doors To Civil Rights Litigants, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Electronic Real Estate Records: A Model For Action, Arthur R. Gaudio
Electronic Real Estate Records: A Model For Action, Arthur R. Gaudio
Faculty Scholarship
The legal, technological, and structural components are in place to allow the legal community to embark on the process of creating a uniform real property recording act. Certain jurisdictions have started the process by adopting various provisions allowing counties to implement electronic recording systems. These provisions are, however, disparate and inconsistent. Given the inconsistencies in the manner in which the electronic recording systems are developing, national commercial and lending practices would have a difficult time attempting to comply with all the possible permutations. In the near future, Fannie Mae, the Property Records Industry Association, and the Mortgage Industry Standards Maintenance …
An Elective Advanced Course, Jeanne M. Kaiser, Beth Cohen
An Elective Advanced Course, Jeanne M. Kaiser, Beth Cohen
Faculty Scholarship
The Authors discuss Legal Research and Writing course requirements at Western New England College School of Law. Although the students must complete a qualified writing course, previously there was no general advanced legal research and writing course. However, recently Western New England College School of Law has offered an Advanced Legal Research and Writing tutorial as an elective. This course is taught by a member of the Legal Research and Writing faculty on a rotating basis.
Financial Holding Company Liability After Gramm-Leach-Bliley, Eric J. Gouvin
Financial Holding Company Liability After Gramm-Leach-Bliley, Eric J. Gouvin
Faculty Scholarship
This Article examines the extent to which financial holding companies formed under the Gramm-Leach-Bliley Act (GLB Act) will bear the costs of the failure of their bank subsidiaries. Pre-GLB Act banking law provided numerous ways to impose liability on bank holding companies for bank failure. The GLB Act itself added some provisions dealing with holding company liability, providing protections for receivers of failed institutions and adding ammunition to the regulators' "source of strength" theory for imposing liability on bank holding companies, and, by extension, on financial holding companies. But despite tinkering at the edges, the GLB Act did not provide …
Human Rights, Terrorism, And Trade – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Human Rights, Terrorism, And Trade – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Faculty Scholarship
By putting human rights first and terrorism in the middle, I hope to open up questions about linkages among these regimes and whether measures within one regime can advance objectives of the others.
The Bankruptcy Abuse Prevention And Consumer Protection Act, Zachary S. Price
The Bankruptcy Abuse Prevention And Consumer Protection Act, Zachary S. Price
Faculty Scholarship
No abstract provided.
Positionality, Epistemology, And Social Justice In The Classroom, David Takacs
Positionality, Epistemology, And Social Justice In The Classroom, David Takacs
Faculty Scholarship
No abstract provided.
Toward A Statistical Profile Of Latina/Os In The Legal Profession, Leo P. Martinez
Toward A Statistical Profile Of Latina/Os In The Legal Profession, Leo P. Martinez
Faculty Scholarship
No abstract provided.
Federalism And The Rehnquist Court, Calvin R. Massey
Federalism And The Rehnquist Court, Calvin R. Massey
Faculty Scholarship
No abstract provided.
A Theory Of Imperial Law: A Study On U.S. Hegemony And The Latin Resistance, Ugo Mattei
A Theory Of Imperial Law: A Study On U.S. Hegemony And The Latin Resistance, Ugo Mattei
Faculty Scholarship
No abstract provided.
Litigating Time In America At The Turn Of The Twentieth Century, Jenni Parrish
Litigating Time In America At The Turn Of The Twentieth Century, Jenni Parrish
Faculty Scholarship
No abstract provided.
What's So Strange About Human Cloning?, Radhika Rao
What's So Strange About Human Cloning?, Radhika Rao
Faculty Scholarship
No abstract provided.
Afterword: The Question Of Linkage, Jagdish N. Bhagwati
Afterword: The Question Of Linkage, Jagdish N. Bhagwati
Faculty Scholarship
Commenting on the papers in this symposium is paradoxically a difficult task. The authorsare remarkably distinguished and one can only learn from what they write. Indeed, I have learned much from them (especially from Dean David Leebron's splendid clarification of several aspects of linkage, a paper that shows that he should have been an Oxford philosopher if only he had not been such a successful legal scholar). Yet it is easy for an invited commentator to be overwhelmed by despair because the authors write for the most part as if in a research vacuum. There is little attempt at relating …
Quieting The Guilty And Acquitting The Innocent: A Close Look At A New Twist On The Right To Silence, Gordon Van Kessel
Quieting The Guilty And Acquitting The Innocent: A Close Look At A New Twist On The Right To Silence, Gordon Van Kessel
Faculty Scholarship
No abstract provided.
Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson
Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson
Faculty Scholarship
No abstract provided.
The Constitutionality Of The Alien Tort Statute: Some Observations On Text And Context, William S. Dodge
The Constitutionality Of The Alien Tort Statute: Some Observations On Text And Context, William S. Dodge
Faculty Scholarship
No abstract provided.
Getting To Survivance: An Essay About The Role Of Mythologies In Law, Jo Carrillo
Getting To Survivance: An Essay About The Role Of Mythologies In Law, Jo Carrillo
Faculty Scholarship
No abstract provided.
Thinking Like A Fox: Four Overlapping Domains Of Good Lawyering, Mark N. Aaronson
Thinking Like A Fox: Four Overlapping Domains Of Good Lawyering, Mark N. Aaronson
Faculty Scholarship
No abstract provided.
The Settlement Of Nazi-Era Litigation Through The Executive And Judicial Branches, Morris A. Ratner
The Settlement Of Nazi-Era Litigation Through The Executive And Judicial Branches, Morris A. Ratner
Faculty Scholarship
No abstract provided.
Using History To Inform Political Participation In A California History Course, David Takacs, Gerald Shenk
Using History To Inform Political Participation In A California History Course, David Takacs, Gerald Shenk
Faculty Scholarship
No abstract provided.