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Articles 19231 - 19260 of 25419
Full-Text Articles in Entire DC Network
The Newly Revised Cpr Rules For Non-Administered Arbitration Of International Disputes, Robert H. Smit
The Newly Revised Cpr Rules For Non-Administered Arbitration Of International Disputes, Robert H. Smit
Faculty Scholarship
In August 2000, the Center for Public Resources Institute for Dispute Resolution (“CPR”) – one of the pre-eminent alternative dispute resolution organizations in the United States – announced revisions to its Rules for Non-Administered Arbitration of International Disputes (the “International Rules” or the “Rules”). CPR first promulgated its International Rules in April 1992 as an alternative – indeed, the only alternative currently available – to the international ad hoc arbitration rules issued in 1976 by the United Nations Commission on International Trade Law (the “UNCITRAL Rules”). According to the Chair of the CPR Committee that prepared the original CPR International …
Testing Multiple Intelligences: Comparing Evaluation By Simulation And Written Exam , Ian Weinstein
Testing Multiple Intelligences: Comparing Evaluation By Simulation And Written Exam , Ian Weinstein
Faculty Scholarship
Written examinations play a key role in legal education. The LSAT is the most important factor in law school admissions. Once students enroll in law school, exams are used to evaluate and sort first year students. At most American law schools, a single, end of semester or end of year, timed, written, in class exam determines the grade in each first year class.' Although exams continue to play a major role throughout law school, once students are sorted at the end of first year it is often difficult for them to significantly change their place in the law school hierarchy. …
Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder
Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
The Bronx “Bronx Jury”: A Profile Of Civil Jury Awards In New York Counties, Neil Vidmar, Mary R. Rose
The Bronx “Bronx Jury”: A Profile Of Civil Jury Awards In New York Counties, Neil Vidmar, Mary R. Rose
Faculty Scholarship
No abstract provided.
Groundwater Ecosystems And The Service Of Water Purification, James Salzman, Janet S. Herman, David C. Culver
Groundwater Ecosystems And The Service Of Water Purification, James Salzman, Janet S. Herman, David C. Culver
Faculty Scholarship
No abstract provided.
The Court Should Have Remained Silent: Why The Court Erred In Deciding Dickerson V. United States, Erwin Chemerinsky
The Court Should Have Remained Silent: Why The Court Erred In Deciding Dickerson V. United States, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, Erwin Chemerinsky
Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell
The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell
Faculty Scholarship
'Bush v. Gore' was decided a year ago. As expected, it evoked a flood of journalistic and academic commentary. The present authors write to express dissatisfaction with the resulting literature. They find it in general to be dominated by the usual political discourse conducted from opposite ends of the usual political spectrum, with both ends sharing an assumption that the Supreme Court was animated in its decision by the usual political motives that it has become conventional to see in the actions of that institution. Left almost completely out of view have been the more personal selfish motives of the …
Humiliation At Work, Catherine Fisk
The Information Revolution Reaches Pharmaceuticals: Balancing Innovation Incentives, Cost, And Access In The Post-Genomics Era, Arti K. Rai
Faculty Scholarship
No abstract provided.
State Sovereign Immunity And Stare Decisis: Solving The Prisoners’ Dilemma Within The Court, Neil S. Siegel
State Sovereign Immunity And Stare Decisis: Solving The Prisoners’ Dilemma Within The Court, Neil S. Siegel
Faculty Scholarship
This Comment argues that the liberal and conservative blocs on the U.S. Supreme Court are embroiled in a Prisoners' Dilemma with respect to whether they should follow precedent on the question of congressional abrogation of state sovereign immunity. The analytical consequence of this strategic situation within the Court is that, over the long run, all of the Justices would more fully realize their views of the merits of Eleventh Amendment cases by demonstrating more--not less--respect for the independent value of stare decisis. This Comment uses game theory to substantiate this claim, after which it offers a potential, contingent solution to …
A Square Peg In A Round Hole? The 2000 Limitation On The Scope Of Federal Civil Discovery, Thomas D. Rowe Jr.
A Square Peg In A Round Hole? The 2000 Limitation On The Scope Of Federal Civil Discovery, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Introduction To Symposium On Rampart Police Scandal: Policing The Criminal Justice System, Catherine Fisk, David W. Burcham
Introduction To Symposium On Rampart Police Scandal: Policing The Criminal Justice System, Catherine Fisk, David W. Burcham
Faculty Scholarship
No abstract provided.
Working Knowledge: Trade Secrets, Restrictive Covenants In Employment, And The Rise Of Corporate Intellectual Property , 1800-1920, Catherine Fisk
Working Knowledge: Trade Secrets, Restrictive Covenants In Employment, And The Rise Of Corporate Intellectual Property , 1800-1920, Catherine Fisk
Faculty Scholarship
No abstract provided.
Codifying Anti-Avoidance Doctrines And Controlling Corporate Tax Shelters, Lawrence A. Zelenak
Codifying Anti-Avoidance Doctrines And Controlling Corporate Tax Shelters, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Protecting Ecosystem Services: Science, Economics And Law, James Salzman, Barton H. Thompson, Gretchen C. Daily
Protecting Ecosystem Services: Science, Economics And Law, James Salzman, Barton H. Thompson, Gretchen C. Daily
Faculty Scholarship
No abstract provided.
Wetland Value Indicators For Scoring Mitigation Trades, James Salzman, Lisa A. Wainger, Dennis King, James Boyd
Wetland Value Indicators For Scoring Mitigation Trades, James Salzman, Lisa A. Wainger, Dennis King, James Boyd
Faculty Scholarship
No abstract provided.
The Multistate Settlement Agreement And The Problem Of Social Regulation Beyond The Power Of State Government, Christopher H. Schroeder
The Multistate Settlement Agreement And The Problem Of Social Regulation Beyond The Power Of State Government, Christopher H. Schroeder
Faculty Scholarship
No abstract provided.
The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin
The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin
Faculty Scholarship
No abstract provided.
William Wirt & The Invention Of The Public Lawyer, H. Jefferson Powell
William Wirt & The Invention Of The Public Lawyer, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell
Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.
Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller
Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
The Role Of Public International Law In The Wto: How Far Can We Go?, Joost H. B. Pauwelyn
The Role Of Public International Law In The Wto: How Far Can We Go?, Joost H. B. Pauwelyn
Faculty Scholarship
No abstract provided.
Punitive Damages By Juries In Florida: In Terrorem And In Reality, Neil Vidmar, Mary R. Rose
Punitive Damages By Juries In Florida: In Terrorem And In Reality, Neil Vidmar, Mary R. Rose
Faculty Scholarship
In recent years there have been numerous proposals for punitive damage reform. Proponents of such reform have often asserted that punitive damages are both common and exorbitant. In this Article, Professor Vidmar and Dr. Rose examine the validity of these and other empirical claims about punitive damages. They do so by studying punitive damage awards reported in the Florida Jury Verdict Reporter. Ultimately, they conclude that there is no empirical support for the claims made by proponents of tort refrom in Florida.
Supreme Court Update, Erwin Chemerinsky
The Federalism Revolution, Erwin Chemerinsky
The Federalism Revolution, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Redistricting In North Carolina—A Personal Perspective, Robinson O. Everett
Redistricting In North Carolina—A Personal Perspective, Robinson O. Everett
Faculty Scholarship
In 1992, when I filed a lawsuit attacking North Carolina's recently enacted congressional redistricting plan, my premise was that drawing a plan for a racially-defined purpose violates equal protection and for this reason and others is unconstitutional. Having now argued four appeals before the Supreme Court concerning North Carolina's redistricting, I still believe in the correctness of my original premise; but, in addition, I am concerned that districts drawn with a predominantly racial purpose tend to polarize our society, discourage the formation of multiracial coalitions, and, in the long run, to harm even those they are intended to protect. I …
Something Borrowed For Something Blue: Legal Transplants And The Evolution Of Global Environmental Law, Jonathan B. Wiener
Something Borrowed For Something Blue: Legal Transplants And The Evolution Of Global Environmental Law, Jonathan B. Wiener
Faculty Scholarship
This Article addresses the evolution of legal rules to govern the global environment. It traces the "borrowing" of legal ideas from national law into international law, in particular the borrowing of emissions trading and the comprehensive approach into the Rio and Kyoto climate change treaties. The Article argues that such "vertical legal borrowing" is related to, yet importantly different from, the pervasive "horizontal legal borrowing" across national legal systems that has been much studied by comparative law scholars. The Article develops both positive and normative assessments of vertical legal borrowing, arguing that it is often suppressed but increasingly essential to …
Foreign Affairs And Domestic Reform (Book Review), Curtis A. Bradley
Foreign Affairs And Domestic Reform (Book Review), Curtis A. Bradley
Faculty Scholarship
Reviewing, Mary L. Dudziak, Cold War Civil Rights: Race and the Image of American Democracy (2000).