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Learning From History In Changing Times: Taking Account Of Evolving Marijuana Laws In Federal Sentencing, Adam Davidson
Learning From History In Changing Times: Taking Account Of Evolving Marijuana Laws In Federal Sentencing, Adam Davidson
University of Chicago Law Review
No abstract provided.
Escaping From Release: Is Supervised Release Custodial Under 18 Usc Sec. 751(A)?, Mica Moore
Escaping From Release: Is Supervised Release Custodial Under 18 Usc Sec. 751(A)?, Mica Moore
University of Chicago Law Review
No abstract provided.
Nonresident Vote Dilution Claims: Rational Basis Or Strict Scrutiny Review?, Amanda Mayo
Nonresident Vote Dilution Claims: Rational Basis Or Strict Scrutiny Review?, Amanda Mayo
University of Chicago Law Review
No abstract provided.
A Balancing Equation For Social Media Publication Notice, Philip P. Ehrlich
A Balancing Equation For Social Media Publication Notice, Philip P. Ehrlich
University of Chicago Law Review
No abstract provided.
The Dual-Grant Theory Of Fair Use, Abraham Bell, Gideon Parchomovsky
The Dual-Grant Theory Of Fair Use, Abraham Bell, Gideon Parchomovsky
University of Chicago Law Review
Fair use is one of modern law's most fascinating and troubling doctrines. It is amorphous and vague, as well as notoriously difficult to apply. It is, at the same time, vitally important in copyright and perhaps the most frequently raised and litigated issue in the law of intellectual property. This Article synthesizes themes from the rich literature on fair use to fashion a novel theory of fair use that provides both a better understanding of the underlying principles and better tools for applying the doctrine. In contrast to the dominant understanding of fair use in the literature—that fair use addresses …
Saving Federal Settlement Privilege After "Actavis", Annie Gowen
Saving Federal Settlement Privilege After "Actavis", Annie Gowen
University of Chicago Law Review
No abstract provided.
The Original Fourth Amendment, Laura K. Donohue
The Original Fourth Amendment, Laura K. Donohue
University of Chicago Law Review
The meaning of the rights enshrined in the Constitution provides a critical baseline for understanding the limits of government action—perhaps nowhere more so than in regard to the Fourth Amendment. At the time it was adopted, the Fourth Amendment prohibited the government from entering into any home, warehouse, or place of business against the owner's wishes to search for or to seize persons, papers, or effects, absent a specific warrant. Consistent with English common law, the notable exception was when law enforcement or citizens were pursuing a known felon. Outside of such circumstances, search and seizure required government officials to …
Civil Rights In A Desegregating America, Nicholas O. Stephanopoulos
Civil Rights In A Desegregating America, Nicholas O. Stephanopoulos
University of Chicago Law Review
The law largely has overlooked one of the most important sociological developments of the last half century: a sharp decline in residential segregation. In 1970, 80 percent of African Americans would have had to switch neighborhoods for blacks to be spread evenly across the typical metropolitan area. By 2010, this proportion was down to 55 percent and was continuing to fall. Bringing this striking trend (and its causes) to the attention of the legal literature is my initial aim in this Article. My more fundamental goal, though, is to explore what desegregation means for the three bodies of civil rights …
Balancing Implied Fundamental Rights And Reliance Interests: A Framework For Limiting The Retroactive Effects Of "Obergefell" In Property Cases, Huiyi Chen
University of Chicago Law Review
No abstract provided.
The Finality Of Final Orders Of Removal, Carmel I. Dooling
The Finality Of Final Orders Of Removal, Carmel I. Dooling
University of Chicago Law Review
No abstract provided.
Proving Corruption: Extrinsic Evidence Of Uncharged Perjury, Andrew Mackie-Mason
Proving Corruption: Extrinsic Evidence Of Uncharged Perjury, Andrew Mackie-Mason
University of Chicago Law Review
No abstract provided.
A Jail By Any Other Name: "Youngberg V Romeo" And The Grant Of On-Grounds And Off-Grounds Passes To Insanity Acquittees, Benjamin R. Montague
A Jail By Any Other Name: "Youngberg V Romeo" And The Grant Of On-Grounds And Off-Grounds Passes To Insanity Acquittees, Benjamin R. Montague
University of Chicago Law Review
No abstract provided.
Banking On Preemption: Allowing National Bank Act Preemption For Third-Party Sales, Kirby M. Smith
Banking On Preemption: Allowing National Bank Act Preemption For Third-Party Sales, Kirby M. Smith
University of Chicago Law Review
No abstract provided.
Courts Of Good And Ill Repute: Garoupa And Ginsburg's "Judicial Reputation: A Comparative Theory", Tracey E. George, G. Mitu Gulati
Courts Of Good And Ill Repute: Garoupa And Ginsburg's "Judicial Reputation: A Comparative Theory", Tracey E. George, G. Mitu Gulati
University of Chicago Law Review
No abstract provided.
Reclaiming The Importance Of The Defendant's Testimony: Prior Conviction Impeachment And The Fight Against Implicit Stereotyping, Anna Roberts
University of Chicago Law Review
Implicit courtroom stereotypes are an urgent problem. When trial defendants are African American, as is disproportionately the case, they are vulnerable to implicit fact finder stereotypes that threaten the presumption of innocence: unconscious associations linking the defendants with violence, weaponry, hostility, aggression, immorality, and guilt. Implicit-social-cognition research reveals that one valuable tool in combating this threat is individuating information—information that, through methods such as defendant testimony, brings an individual to unique life. Yet courts frequently chill defendant testimony by permitting impeachment by prior conviction. Courts determining whether criminal defendants should be impeached by their prior convictions use a multifactor test, …
Contrived Threats Versus Uncontrived Warnings: A General Solution To The Puzzles Of Contractual Duress, Unconstitutional Conditions, And Blackmail, Einer Elhauge
University of Chicago Law Review
Contractual duress, unconstitutional conditions, and blackmail have long been puzzling. The puzzle is why these doctrines sometimes condemn threatening lawful action to induce agreements but sometimes do not. This Article provides a general solution to this puzzle. Such threats are (and should be) deemed unlawfully coercive only when they are contrived, meaning that the threatened action would not have occurred if no threat could have been made. I show that such contrived threats can be credible because making the threat strongly influences whether the threatened action occurs. When such threats are uncontrived warnings, meaning that the threatened action would have …
Res Judicata, State Adjudications, And The Telecommunications Act Of 1996, Zachary R. Clark
Res Judicata, State Adjudications, And The Telecommunications Act Of 1996, Zachary R. Clark
University of Chicago Law Review
No abstract provided.
Racially Polarized Voting, Christopher S. Elmendorf, Kevin M. Quinn, Marisa J. Abrajano
Racially Polarized Voting, Christopher S. Elmendorf, Kevin M. Quinn, Marisa J. Abrajano
University of Chicago Law Review
Whether voting is racially polarized has for the last generation been the linchpin question in vote dilution cases under the core, nationally applicable provision of the Voting Rights Act. The polarization test is supposed to be clear-cut (“manageable”), diagnostic of liability, and free of strong racial assumptions. Using evidence from a random sample of vote dilution cases, we argue that these objectives have not been realized in practice and, further, that they cannot be realized under current conditions. The roots of the problem are twofold: (1) the widely shared belief that polarization determinations should be grounded on votes cast in …
Pinning Down Subjective Valuations: A Well-Being-Analysis Approach To Eminent Domain, Maria M. Maciá
Pinning Down Subjective Valuations: A Well-Being-Analysis Approach To Eminent Domain, Maria M. Maciá
University of Chicago Law Review
No abstract provided.
Can John Coffee Rescue The Private Attorney General? Lessons From The Credit Card Wars, Myriam Gilles
Can John Coffee Rescue The Private Attorney General? Lessons From The Credit Card Wars, Myriam Gilles
University of Chicago Law Review
No abstract provided.
The Imposition Of Discretionary Supervised Release Conditions: Nudging Judges To Follow The Law, Michael P. Kenstowicz
The Imposition Of Discretionary Supervised Release Conditions: Nudging Judges To Follow The Law, Michael P. Kenstowicz
University of Chicago Law Review
No abstract provided.
A "Stern" Look At The Property Status Of Top-Level Domains, William Larsen
A "Stern" Look At The Property Status Of Top-Level Domains, William Larsen
University of Chicago Law Review
No abstract provided.
Too Fast, Too Frequent? High-Frequency Trading And Securities Class Actions, Tara E. Levens
Too Fast, Too Frequent? High-Frequency Trading And Securities Class Actions, Tara E. Levens
University of Chicago Law Review
No abstract provided.
In Defense Of A Strict Pleading Standard For False Claims Act Whistleblowers, Michael Lockman
In Defense Of A Strict Pleading Standard For False Claims Act Whistleblowers, Michael Lockman
University of Chicago Law Review
No abstract provided.
Law And Subjective Well-Being, Thomas S. Ulen
Law And Subjective Well-Being, Thomas S. Ulen
University of Chicago Law Review
No abstract provided.
The Meaning Of Legal "Meaning" And Its Implications For Theories Of Legal Interpretation, Richard H. Fallon
The Meaning Of Legal "Meaning" And Its Implications For Theories Of Legal Interpretation, Richard H. Fallon
University of Chicago Law Review
No abstract provided.
Performance-Based Consumer Law, Lauren E. Willis
Performance-Based Consumer Law, Lauren E. Willis
University of Chicago Law Review
No abstract provided.
The Unappealing State Of Certificates Of Appealability, Margaret A. Upshaw
The Unappealing State Of Certificates Of Appealability, Margaret A. Upshaw
University of Chicago Law Review
No abstract provided.
Sued If You Do, Sued If You Don't: Section 2 Of The Voting Rights Act As A Defense To Race-Conscious Districting, Caroline A. Wong
Sued If You Do, Sued If You Don't: Section 2 Of The Voting Rights Act As A Defense To Race-Conscious Districting, Caroline A. Wong
University of Chicago Law Review
No abstract provided.
Truth Or Unintended Consequences: Reining In Appellate Court Action In The Absence Of A Government Appeal, Morgan Yates
Truth Or Unintended Consequences: Reining In Appellate Court Action In The Absence Of A Government Appeal, Morgan Yates
University of Chicago Law Review
No abstract provided.