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Revisiting Revlon: Should Judicial Scrutiny Of Mergers Depend On The Method Of Payment?, Morgan White-Smith
Revisiting Revlon: Should Judicial Scrutiny Of Mergers Depend On The Method Of Payment?, Morgan White-Smith
University of Chicago Law Review
No abstract provided.
A Felony, I Presume? 21 Usc § 841(B)'S Mitigating Provision And The Categorical Approach In Immigration Proceedings, Laura Jean Eichten
A Felony, I Presume? 21 Usc § 841(B)'S Mitigating Provision And The Categorical Approach In Immigration Proceedings, Laura Jean Eichten
University of Chicago Law Review
No abstract provided.
The Antitrust State Action Doctrine And State Licensing Boards, Ingram Weber
The Antitrust State Action Doctrine And State Licensing Boards, Ingram Weber
University of Chicago Law Review
No abstract provided.
After Class: Aggregate Litigation In The Wake Of "At&T Mobility V Concepcion", Myriam Gilles, Gary Friedman
After Class: Aggregate Litigation In The Wake Of "At&T Mobility V Concepcion", Myriam Gilles, Gary Friedman
University of Chicago Law Review
Class actions are on the ropes. Courts in recent years have ramped up the standards governing the certification of damages classes and created new standing requirements for consumer class actions. Most recently, in Wal-Mart v Dukes, the Supreme Court articulated a new and highly restrictive interpretation of the commonality requirement of Rule 23(a). But all of this pales in comparison to the Court's April 2011 decision in AT&T Mobility v Concepcion, broadly validating arbitration provisions containing class action waivers. The precise reach of Concepcion warrants close scrutiny. Our analysis suggests that following Concepcion, some plaintiffs will be able to successfully …
Combating Contamination In Confession Cases (Reviewing Convicting The Innocent: Where Criminal Prosecutions Go Wrong By Brandon L. Garrett), Laura H. Nirider, Joshua A. Tepfer, Steven A. Drizin
Combating Contamination In Confession Cases (Reviewing Convicting The Innocent: Where Criminal Prosecutions Go Wrong By Brandon L. Garrett), Laura H. Nirider, Joshua A. Tepfer, Steven A. Drizin
University of Chicago Law Review
No abstract provided.
States Of Bankruptcy, David A. Skeel Jr
States Of Bankruptcy, David A. Skeel Jr
University of Chicago Law Review
In the past several years, many states' financial condition has been so precarious that some observers have predicted that one or more might default. As the crisis persisted, a very unlikely word crept into these conversations: bankruptcy. Should Congress provide a bankruptcy option for states, or would bankruptcy be a mistake? The goal of this Article is to carefully vet this question, using all of the theoretical, empirical, and historical tools currently available. The discussion is structured as a "case" for bankruptcy rather than an "on the one hand, on the other hand" assessment. But it seeks to be scrupulously …
Suing Courts, Frederic Bloom, Christopher Serkin
Suing Courts, Frederic Bloom, Christopher Serkin
University of Chicago Law Review
This Article argues for a new and unexpected mechanism of judicial accountability: suing courts. Current models of court accountability focus almost entirely on correcting legal errors. A suit against the court would concentrate on something different—on providing transition relief by way of legal remedy, to those bearing the heaviest burdens of desirable legal change. These suits may at first appear impossible. But suing courts is conceptually rational and mechanically reasonable, a tool that eases legal transitions while navigating the many hurdles modern doctrine puts in the way. This Article sets out the first complete account of how, where, and why …
Binding The Executive (By Law Or By Politics) (Reviewing The Executive Unbound: After The Madisonian Republic By Eric A. Posner, Adrian Vermeule), Aziz Z. Huq
University of Chicago Law Review
No abstract provided.
The Evolving Economic Structure Of Higher Education, Henry Hansmann
The Evolving Economic Structure Of Higher Education, Henry Hansmann
University of Chicago Law Review
No abstract provided.
Do Amish One-Room Schools Make The Grade? The Dubious Data Of "Wisconsin V Yoder", William A. Fischel
Do Amish One-Room Schools Make The Grade? The Dubious Data Of "Wisconsin V Yoder", William A. Fischel
University of Chicago Law Review
No abstract provided.
Religion, Schools, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk
Religion, Schools, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk
University of Chicago Law Review
No abstract provided.
Teaching Patriotism: Love And Critical Freedom, Martha C. Nussbaum
Teaching Patriotism: Love And Critical Freedom, Martha C. Nussbaum
University of Chicago Law Review
No abstract provided.
The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein
The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein
University of Chicago Law Review
No abstract provided.
The Past, Present, And Future Of Equal Educational Opportunity: A Call For A New Theory Of Education Federalism (Reviewing Five Miles Away, A World Apart: One City, Two Schools, And The Story Of Educational Opportunity In Modern America By James E. Ryan), Kimberly Jenkins Robinson
University of Chicago Law Review
No abstract provided.
Making Courts Matter: Politics And The Implementation Of State Supreme Court Decisions, Christopher Berry, Charles Wysong
Making Courts Matter: Politics And The Implementation Of State Supreme Court Decisions, Christopher Berry, Charles Wysong
University of Chicago Law Review
No abstract provided.
Freedom To Fail: The Keystone Of American Federalism, Paul E. Peterson, Daniel Nadler
Freedom To Fail: The Keystone Of American Federalism, Paul E. Peterson, Daniel Nadler
University of Chicago Law Review
No abstract provided.
Life During (And After) Wartime: Enforceability Of Waivers Under Userra, David Ogles
Life During (And After) Wartime: Enforceability Of Waivers Under Userra, David Ogles
University of Chicago Law Review
No abstract provided.
Copyright's Asymmetric Uncertainty, Steven J. Horowitz
Copyright's Asymmetric Uncertainty, Steven J. Horowitz
University of Chicago Law Review
Conventional wisdom holds that the pervasive uncertainty in copyright law is intolerable because it inhibits expression—those who would engage in lawful uses of copyrighted works abstain for fear of crushing liability. The argument is right but for the wrong reasons. It is based on the often-unstated assumption that users who face liability are risk averse. But the leading account of decision making under uncertainty suggests that those facing potential losses are in fact risk seeking, while those facing potential gains are risk averse. In light of this asymmetry in risk preferences, copyright's asymmetric distribution of uncertainty—salient issues for users are …
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
University of Chicago Law Review
No abstract provided.
The Gap In Law Between Developmental Expectations And Educational Obligations, Emily Buss
The Gap In Law Between Developmental Expectations And Educational Obligations, Emily Buss
University of Chicago Law Review
No abstract provided.
Fiscal Federalism, Political Will, And Strategic Use Of Municipal Bankruptcy, Clayton P. Gillette
Fiscal Federalism, Political Will, And Strategic Use Of Municipal Bankruptcy, Clayton P. Gillette
University of Chicago Law Review
Municipalities in fiscal distress may seek to adjust debts under Chapter 9 of the Bankruptcy Code either because they are truly destitute or because they lack the political will to adopt difficult resource adjustments. Local officials of municipalities that enter bankruptcy proceedings nevertheless retain political authority over municipal fiscal affairs. The decision to enter bankruptcy, however, may have significant financial consequences for other municipalities or for more centralized levels of government. Those externalities induce central governments to consider bailouts for distressed municipalities. In order to avoid moral hazard problems, central governments typically impose harsh restrictions on local officials as a …
Reconstruction And The Transformation Of Jury Nullification, Jonathan Bressler
Reconstruction And The Transformation Of Jury Nullification, Jonathan Bressler
University of Chicago Law Review
More than a century ago, the Supreme Court, invoking antebellum judicial precedent, held that juries no longer have the right to "nullify" — that is, to refuse to apply the law as given by the court. Today, however, in assessing the constitutionally protected right to criminal jury trial, the Supreme Court has emphasized originalism, delineating the right's current boundaries by the Founding-era understanding of it. Relying on this Supreme Court jurisprudence, scholars and several federal judges have recently concluded that because Founding-era juries had the right to nullify, the right was beyond the authority of nineteenth-century judges to curtail and …
Lessons From The Past: How The Antebellum Fugitive Slave Debate Informs State Enforcement Of Federal Immigration Law, James A. Kraehenbuehl
Lessons From The Past: How The Antebellum Fugitive Slave Debate Informs State Enforcement Of Federal Immigration Law, James A. Kraehenbuehl
University of Chicago Law Review
No abstract provided.
Abandoning The Victim Requirement: Clarifying The Position Of Trust Enhancement In Federal Sentencing, Matthew S. Rozen
Abandoning The Victim Requirement: Clarifying The Position Of Trust Enhancement In Federal Sentencing, Matthew S. Rozen
University of Chicago Law Review
No abstract provided.
Religious Sincerity And Imperfection: Can Lapsing Prisoners Recover Under Rfra And Rluipa?, Kevin L. Brady
Religious Sincerity And Imperfection: Can Lapsing Prisoners Recover Under Rfra And Rluipa?, Kevin L. Brady
University of Chicago Law Review
No abstract provided.
The Stolen Valor Act As Constitutional: Bringing Coherence To First Amendment Analysis Of False-Speech Restrictions, Josh M. Parker
The Stolen Valor Act As Constitutional: Bringing Coherence To First Amendment Analysis Of False-Speech Restrictions, Josh M. Parker
University of Chicago Law Review
No abstract provided.
Untangling The Knot: Finding A Forum For Same-Sex Divorces In The State Of Celebration, Nick Tarasen
Untangling The Knot: Finding A Forum For Same-Sex Divorces In The State Of Celebration, Nick Tarasen
University of Chicago Law Review
No abstract provided.
Against Constitutional Mainstreaming, Bertrall L. Ross Ii
Against Constitutional Mainstreaming, Bertrall L. Ross Ii
University of Chicago Law Review
Courts interpret statutes in hard cases. Statutes are frequently ambiguous, and an enacting legislature cannot foresee all future applications of a statute. The Supreme Court in these cases often chooses statutory interpretations that privilege the values that it has emphasized in its recent constitutional jurisprudence. In doing so, the Court rejects alternative interpretations that are more consistent with the values embodied in more recently enacted statutes. This is constitutional mainstreaming—an interpretive practice that molds statutes toward the Court's own preferred values and away from values favored by legislative majorities. In addition to providing a novel descriptive framework for what the …
Are Those Who Ignore History Doomed To Repeat It? (Reviewing The Master Switch: The Rise And Fall Of Information Empires By Tim Wu), Peter Decherney, Nathan Ensmenger, Christopher S. Yoo
Are Those Who Ignore History Doomed To Repeat It? (Reviewing The Master Switch: The Rise And Fall Of Information Empires By Tim Wu), Peter Decherney, Nathan Ensmenger, Christopher S. Yoo
University of Chicago Law Review
No abstract provided.
The Meaning Of "Because" In Employment Discrimination Law: Causation In Title Vii Retaliation Cases After "Gross", Andrew Kenny
The Meaning Of "Because" In Employment Discrimination Law: Causation In Title Vii Retaliation Cases After "Gross", Andrew Kenny
University of Chicago Law Review
No abstract provided.