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Articles 20701 - 20730 of 25411
Full-Text Articles in Entire DC Network
Incommensurability And Cost-Benefit Analysis, Matthew D. Adler
Incommensurability And Cost-Benefit Analysis, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Law And Incommensurability: Introduction, Matthew D. Adler
Law And Incommensurability: Introduction, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Scholarship
This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.
Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny
Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny
Faculty Scholarship
No abstract provided.
The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley
The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington
Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Perserving An Independent Judiciary: The Need For Contribution And Expenditure Limits In Judicial Elections, Erwin Chemerinsky
Perserving An Independent Judiciary: The Need For Contribution And Expenditure Limits In Judicial Elections, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Globalization’S Challenges To The United States Securities Laws, James D. Cox
Globalization’S Challenges To The United States Securities Laws, James D. Cox
Faculty Scholarship
No abstract provided.
Victims’ Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller
Victims’ Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
A Revised Prospectus For A Third Restatement Of Agency, Deborah A. Demott
A Revised Prospectus For A Third Restatement Of Agency, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Removing The ‘Fuel Of Interest’ From The ‘Fire Of Genius’: Law And The Employee Inventor, 1830-1930, Catherine Fisk
Removing The ‘Fuel Of Interest’ From The ‘Fire Of Genius’: Law And The Employee Inventor, 1830-1930, Catherine Fisk
Faculty Scholarship
No abstract provided.
The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley
The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Federal Courts And The Incorporation Of International Law, Curtis A. Bradley, Jack L. Goldsmith
Federal Courts And The Incorporation Of International Law, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
Many scholars believe that customary international law (CIL) has the status of self-executing federal common law, to be applied by courts in the United States without any need for it to be enacted or implemented by Congress. In an article last year, we argued that this view lacks historical support and is in substantial tension with political branch enactments as well as broader constitutional principles of separation of powers, federalism, and representative democracy. We concluded that CIL should not be treated as federal law in the absence of authorization from the federal political branches. In the May 1998 issue of …
The Abiding Relevance Of Federalism To U.S. Foreign Relations, Curtis A. Bradley
The Abiding Relevance Of Federalism To U.S. Foreign Relations, Curtis A. Bradley
Faculty Scholarship
In, Agora: Breard (collection of articles re: Breard v. Virgina, 513 U.S. 971 (1994).
New Wineskins For New Wine: The Need To Encourage Fairness In Mandatory Arbitration, Paul H. Haagen
New Wineskins For New Wine: The Need To Encourage Fairness In Mandatory Arbitration, Paul H. Haagen
Faculty Scholarship
No abstract provided.
Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler
Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
The Faces Of Loyalty: A Comment On Hillman, “Loyalty In The Firm: A Statement Of General Principles On The Duties Of Partners Withdrawing From Law Firms”, Deborah A. Demott
The Faces Of Loyalty: A Comment On Hillman, “Loyalty In The Firm: A Statement Of General Principles On The Duties Of Partners Withdrawing From Law Firms”, Deborah A. Demott
Faculty Scholarship
No abstract provided.
The Lawyer As Agent, Deborah A. Demott
Managed Care-Work In Progress Or Stalled Experiment?, Clark C. Havighurst
Managed Care-Work In Progress Or Stalled Experiment?, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
The Founders And The Presidents Authority Over Foreign Affairs, H. Jefferson Powell
The Founders And The Presidents Authority Over Foreign Affairs, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
The Lawfulness Of Romer V. Evans, H. Jefferson Powell
The Lawfulness Of Romer V. Evans, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman
Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
1367 And All That: Recodifying The Federal Supplemental Jurisdiction, Thomas D. Rowe Jr.
1367 And All That: Recodifying The Federal Supplemental Jurisdiction, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Rooker-Feldman: Worth Only The Power To Blow It Up?, Thomas D. Rowe Jr.
Rooker-Feldman: Worth Only The Power To Blow It Up?, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Indemnity Or Compensation? The Contract With America, Loser-Pays Attorney Fee Shifting, And A One-Way Alternative, Thomas D. Rowe Jr.
Indemnity Or Compensation? The Contract With America, Loser-Pays Attorney Fee Shifting, And A One-Way Alternative, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Balancing The Rights Of Privacy And The Press: A Reply To Professor Smolla, Erwin Chemerinsky
Balancing The Rights Of Privacy And The Press: A Reply To Professor Smolla, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Moving Violations: An Examination Of The Broad Preemptive Effect Of The Carmack Amendment, Jeanne M. Kaiser
Moving Violations: An Examination Of The Broad Preemptive Effect Of The Carmack Amendment, Jeanne M. Kaiser
Faculty Scholarship
This Article addresses the general principles of preemption, and describes the history, purpose and language of the Carmack Amendment. The Article then demonstrates that at the time the amendment was passed, Congress had no intention of preempting claims based on moving industry misconduct. Part II discusses the constitutional principles that govern application of the law of federal preemption and describes how application of preemption in Carmack Amendment cases has diverged from the overall application of preemption principles in other areas of congressional legislation. Finally, Part III argues that the courts have improperly granted the moving industry carte blanche to deceive …
Comment On The Supplemental-Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf
Comment On The Supplemental-Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf
Faculty Scholarship
This Article discusses the supplemental-jurisdiction statute of 1990, 28 U.S.C. § 1367, which has generated more commentary than perhaps any other jurisdictional section. Together, § 1331, which traces its history to the Judiciary Act of 1875, and § 1332, which dates back to the Judiciary Act of 1789, did not undoubtedly promote more examination in their first eight years of existence. One might speculate why § 1367 has been the focus of so much commentary, largely critical: critical of the speed with which § 1367 was enacted, critical of the narrow range of persons involved in its drafting, critical of …
Banking In North America: The Triumph Of Public Choice Over Public Policy, Eric J. Gouvin
Banking In North America: The Triumph Of Public Choice Over Public Policy, Eric J. Gouvin
Faculty Scholarship
This Article examines the state of cross-border banking in the NAFTA countries and the question of whether member country banks should be permitted to branch freely throughout North America. Under present law, the United States permits foreign banks to branch into its territory subject to extensive restrictions, Canada has indicated that it plans to eliminate some restrictions on foreign branching, and Mexico continues to permit access to its banking markets only by investment in or establishment of an institution chartered in Mexico. Article 1403(3) of the NAFTA left the issue of cross-border branching open to subsequent negotiation. If the decision …