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Articles 19861 - 19890 of 25411
Full-Text Articles in Entire DC Network
Constitutional Avoidance, Resistance Norms, And The Preservation Of Judicial Review, Ernest A. Young
Constitutional Avoidance, Resistance Norms, And The Preservation Of Judicial Review, Ernest A. Young
Faculty Scholarship
No abstract provided.
Hercules, Herbert, And Amar: The Trouble With Intratextualism, Ernest A. Young, Adrian Vermeule
Hercules, Herbert, And Amar: The Trouble With Intratextualism, Ernest A. Young, Adrian Vermeule
Faculty Scholarship
Commentary on, Akhil Reed Amar, Intratextualism, 112 Harvard Law Review 747 (1999).
Comparing The Scope Of The Federal Government’S Authority To Prosecute Federal Corruption And State And Local Corruption: Some Surprising Conclusions And A Proposal, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Few Reservations About Reservations, Madeline Morris
Few Reservations About Reservations, Madeline Morris
Faculty Scholarship
No abstract provided.
Enforcement And Countermeasures In The Wto: Rules Are Rules - Toward A More Collective Approach, Joost H. B. Pauwelyn
Enforcement And Countermeasures In The Wto: Rules Are Rules - Toward A More Collective Approach, Joost H. B. Pauwelyn
Faculty Scholarship
No abstract provided.
The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence A. Zelenak
The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence A. Zelenak
Faculty Scholarship
Familiarity with state lotteries obscures their strangest characteristic-that they are designed to extract as much revenue as possible from lottery consumers. States do not attempt to wring as much revenue as possible from the consumers of any other product, either through government monopolies or through revenue-maximizing taxation. In this article, Prof. Zelenak considers various possible justifications for the uniquely unfavorable treatment of lottery consumers. The article concludes that the special state treatment of lotteries cannot be justified by efficiency analysis, distributional effects, or historical precedent. The article notes, however, that the previous illegality of lotteries meant that lotteries could be …
Grandparent Visitation: Best Interests Test Is Not In Child’S Best Interests, Katharine T. Bartlett
Grandparent Visitation: Best Interests Test Is Not In Child’S Best Interests, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle
Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle
Faculty Scholarship
No abstract provided.
Addressing The Patent Gold Rush: The Role Of Deference To Pto Patent Denials, Arti K. Rai
Addressing The Patent Gold Rush: The Role Of Deference To Pto Patent Denials, Arti K. Rai
Faculty Scholarship
No abstract provided.
Of Green Tulips And Legal Kudzu: Repackaging Rights In Subpatentable Innovation, Jerome H. Reichman
Of Green Tulips And Legal Kudzu: Repackaging Rights In Subpatentable Innovation, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries?, Jerome H. Reichman
The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries?, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
Codifying Interest Analysis In The Torts Chapter Of A New Conflicts Restatement, William A. Reppy Jr.
Codifying Interest Analysis In The Torts Chapter Of A New Conflicts Restatement, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler
Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
When Should Rights “Trump”? An Examination Of Speech And Property, Laura S. Underkuffler
When Should Rights “Trump”? An Examination Of Speech And Property, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Affirmative Actions, William W. Van Alstyne
Affirmative Actions, William W. Van Alstyne
Faculty Scholarship
The purpose of this brief paper is to unravel several quite different understandings of "affirmative action" in our personal conduct toward one another, and in our laws.
Electronic Publication Of Scholarly Information In Law: A View From The United States, Richard A. Danner
Electronic Publication Of Scholarly Information In Law: A View From The United States, Richard A. Danner
Faculty Scholarship
This article examines the potential effects of the developing user-centered, networked information environment on scholarly communication in law.
Proactive Legislation And The First Amendment, Stuart M. Benjamin
Proactive Legislation And The First Amendment, Stuart M. Benjamin
Faculty Scholarship
In this Article, I contend that First Amendment principles dictate a presumption against legislation that is based on predictive harms, but that the presumption will be overcome if a court independently determines that there is a likelihood of irreparable harm. Part I briefly discusses the level of harm required to justify legislation that infringes upon First Amendment rights. Part II turns to proactive legislation, giving some examples of predictive harms. Part III describes the Supreme Court's responses to legislative findings in the First Amendment context, and Part IV discusses the difference between predictive harms and other legislative findings. Part V …
Federalizing Hate Crimes: Symbolic Politics, Expressive Law, Or Tool For Criminal Enforcement, Sara Sun Beale
Federalizing Hate Crimes: Symbolic Politics, Expressive Law, Or Tool For Criminal Enforcement, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Big Money In Texas Judicial Elections: The Sickness And Its Remedies, Paul D. Carrington
Big Money In Texas Judicial Elections: The Sickness And Its Remedies, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Vicarious Liability: Relocating Responsibility For The Quality Of Medical Care, Clark C. Havighurst
Vicarious Liability: Relocating Responsibility For The Quality Of Medical Care, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
Convenient Shorthand: The Supreme Court And The Language Of State Sovereignty, H. Jefferson Powell, Benjamin J. Priester
Convenient Shorthand: The Supreme Court And The Language Of State Sovereignty, H. Jefferson Powell, Benjamin J. Priester
Faculty Scholarship
No abstract provided.
Beyond The Smokestack: Environmental Protection In The Service Economy, James Salzman
Beyond The Smokestack: Environmental Protection In The Service Economy, James Salzman
Faculty Scholarship
When our pollution control statutes were drafted in the 1970s, smokestack sources sat squarely in these laws' regulatory cross hairs. Over the past few decades, however, manufacturing's relative importance has declined while the service sector has ascended to a position of dominance in America's economy. Yet consideration of services remains almost entirely absent from environmental law and policy scholarship. In this Article, Professor James Salzman addresses the implications for environmental protection of the service sector's ascent. Commentators have suggested that the ascent of services provides an important path toward sustainable development. In Part I of this Article, Salzman examines the …
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky
Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Learning The Wrong Lessons From History: Why There Must Be An Independant Counsel Law, Erwin Chemerinsky
Learning The Wrong Lessons From History: Why There Must Be An Independant Counsel Law, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Content Neutrality As A Central Problem Of Freedom Of Speech: Problems In The Supreme Court’S Application, Erwin Chemerinsky
Content Neutrality As A Central Problem Of Freedom Of Speech: Problems In The Supreme Court’S Application, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Adverse Drug Reactions: Harnessing Experiential Data To Promote Patient Welfare, Barbara A. Noah
Adverse Drug Reactions: Harnessing Experiential Data To Promote Patient Welfare, Barbara A. Noah
Faculty Scholarship
Part I of this Article evaluates the pre-approval and post-approval regulatory framework governing prescription drugs, and the FDA's spontaneous reporting system for adverse events, as it contrasts that system with the regulatory mechanisms used to monitor risks associated with other products. Part II summarizes the recent series of prescription drug marketing withdrawals prompted by reports of unexpected adverse reactions. Finally, Part III offers some possible solutions designed to improve the efficiency of postapproval surveillance so that fewer patients will suffer the consequences of unexpected adverse drug reactions and interactions. This Article concludes that the existing regulatory system requires fundamental reprioritization …
Corporate Governance Lessons From Russian Enterprise Fiascoes, Merritt B. Fox, Michael A. Heller
Corporate Governance Lessons From Russian Enterprise Fiascoes, Merritt B. Fox, Michael A. Heller
Faculty Scholarship
This Article draws on a rich array of deviant behavior in Russian enterprises to craft lessons for corporate governance theory. First, Professors Fox and Heller define corporate governance by looking to the economic functions of the firm. Based on this definition, they develop a typology that comprehensively shows all the channels through which bad corporate governance can inflict damage on a country's real economy. Second, they explain the causes of Russian enterprise fiascoes by looking to the particular initial conditions prevailing at privatization – untenable firm boundaries and insider allocation of firm shares – and the bargaining dynamics that have …