Digital Commons Network^™

Redesigning The Sec: Does The Treasury Have A Better Idea?, John C. Coffee Jr., Hillary A. Sale

Faculty Scholarship

Symposiums supply a snapshot in time. By observing the common assumptions and shared frameworks of a collection of scholars writing contemporaneously, one gains both insight into the intellectual world of a past era and the ability to measure its distance from our own. Twenty-five years ago the Virginia Law Review organized a noted symposium (the "1984 Symposium") to celebrate the 50th anniversary of the SEC. A number of prominent scholars participated, and its articles have been much cited.

Restating The U.S. Law Of International Commercial Arbitration, George A. Bermann

Faculty Scholarship

The American Law Institute's new Restatement of the U.S. Law of International Commercial Arbitration is only barely underway, and the reporters began with a chapter, on the recognition and enforcement of awards, that should represent for them a comfort zone of sorts within the overall project. Yet already a number of difficult, and to some extent unexpectedly difficult, questions have arisen. Some of the difficulties stem from the very nature of an ALl Restatement project. Others stem from the nature of arbitration itself and, more particularly, from the inherent tension between arbitral and judicial functions in the arbitration arena. Still …

Contract Design And The Structure Of Contractual Intent, Jody S. Kraus, Robert E. Scott

Faculty Scholarship

Modern contract law is governed by a two-stage adjudicative regime – an inheritance of the centuries-old conflict between law and equity. Under this regime, formal contract terms are treated as prima facie provisions that courts can override by invoking equitable doctrines so as to substantially "correct" the parties' contract by realigning it with their contractual intent. This ex post judicial determination of the contractual obligation serves as a fallback mechanism for vindicating the parties' contractual intent whenever the formal contract terms fall short of achieving the parties' purposes. Honoring the contractual intent of the parties is thus the central objective …

Heller High Water? The Future Of Originalism, Jamal Greene

Faculty Scholarship

Has originalism won? It's easy to think so, judging from some of the reaction to the Supreme Court's recent decision in District of Columbia v. Heller. The Heller Court held that the District of Columbia could neither ban possession of handguns nor require that all other firearms be either unloaded and disassembled or guarded by a trigger lock. In finding for the first time in the Court's history that a gun control law violated the Second Amendment, Justice Scalia's opinion for the 5-4 majority appeared to be a sterling exemplar of originalism, the method of constitutional interpretation that he …

Intimate Discrimination: The State's Role In The Accidents Of Sex And Love, Elizabeth F. Emens

Faculty Scholarship

This is a challenging moment for the law of discrimination. The state's role in discrimination has largely shifted from requiring discrimination – through official policies such as segregation – to prohibiting discrimination – through federal laws covering areas such as employment, housing, education, and public accommodations. Yet the problem of discrimination persists, often in forms that are hard to regulate or even to recognize.

At this challenging moment, the intimate domain presents a vital terrain for study in two main ways. First, conceptually, studying the intimate domain permits new insights into discrimination and the law's identity categories, because people are …

Charles H. Whitebread, Michael J. Graetz

Faculty Scholarship

Late in April when Charlie Whitebread learned that he had Stage 4 lung cancer, it occurred to me that I might someday be asked to say a few words about him. But these are comments I hoped never to make. I do not have words to describe to you the emptiness in my life that Charlie had filled for so many years. But our purpose here is not to mourn our loss; rather it is to celebrate Charlie's life.

In (Partial) Defense Of Strict Liability In Contract, Robert E. Scott

Faculty Scholarship

Many scholars believe that notions of fault should and do pervade contract doctrine. Notwithstanding the normative and positive arguments in favor of a fault-based analysis of particular contract doctrines, I argue that contract liability is strict liability at its core. This core regime is based on two key prongs: (1) the promisor is liable to the promisee for breach, and that liability is unaffected by the promisor's exercise of due care or failure to take efficient precautions; and (2) the promisor's liability is unaffected by the fact that the promisee, prior to the breach, has failed to take cost-effective precautions …

Surrogacy And The Politics Of Commodification, Elizabeth S. Scott

Faculty Scholarship

In 2004, the Illinois legislature passed the Gestational Surrogacy Act, which provides that a child conceived through in vitro fertilization (IVF) and born to a surrogate mother automatically becomes the legal child of the intended parents at birth if certain conditions are met. Under the Act, the woman who bears the child has no parental status. The bill generated modest media attention, but little controversy; it passed unanimously in both houses of the legislature and was signed into law by the governor.

This mundane story of the legislative process in action stands in sharp contrast to the political tale of …

Diseño E Implementación De Un Sistema De Pruebas De Admisión Para La Universidad Católica Nordestana, Andrés E. Linares

Theses and Dissertations

Esta disertación aplicada se focalizó en la carencia de mecanismos de identificación de las habilidades y conocimientos básicos necesarios de los ingresantes, para cursar estudios superiores en la Universidad Católica Nordestana (UCNE). El propósito de la intervención fue dotar al Departamento de Admisiones de la UCNE de un sistema de pruebas de admisión reglamentado y procedimental que permitiera conocer las debilidades académicas de los candidatos a nuevo ingreso y facilitara la selección de los mismos a los diferentes programas de estudio que se imparten en la institución.

Se plantearon las siguientes preguntas de investigación: (a) ¿cuáles criterios deberán tomarse en …

Uncooperative Federalism, Jessica Bulman-Pozen, Heather K. Gerken

Faculty Scholarship

This Essay addresses a gap in the federalism literature. Scholars have offered two distinct visions of federal-state relations. The first depicts states as rivals and challengers to the federal government, roles they play by virtue of being autonomous policymakers outside the federal system. A second vision is offered by scholars of cooperative federalism, who argue that in most areas states serve not as autonomous outsiders, but supportive insiders – servants and allies carrying out federal policy. Legal scholarship has not connected these competing visions to consider how the state's status as servant, insider, and ally might enable it to be …

Tailored Participation: Modernizing The Apa Rulemaking Procedures, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

Participation In Governance From A Comparative Perspective: Citizen Involvement In Telecommunications And Electricity In The United Kingdom, France And Sweden, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

Prosecuting Core Crimes In The United States: Recent Changes And Prospects For 2010, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Carbon Into Gold: Forest Carbon Offsets, Climate Change Adaptation, And International Law, David Takacs

Faculty Scholarship

No abstract provided.

Can A Subsequent Change In Law Void A Marriage That Was Valid At Its Inception? Considering The Legal Effect Of Proposition 8 On California's Existing Same-Sex Marriages, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

Reconstructive Feminism: Changing The Way We Talk About Gender And Work Thirty Years After The Pda, Joan C. Williams

Faculty Scholarship

No abstract provided.

Defining Empirical Frames Of Reference In Constitutional Cases: Unraveling The As-Applied Versus Facial Distinction In Constitutional Law, David L. Faigman

Faculty Scholarship

No abstract provided.

Not The City Of God: The Multiplicity Of Wrongs And Rules, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr., Dana Remus Irwin

Faculty Scholarship

No abstract provided.

The Myth Of Economic Interdependence, Joel R. Paul

Faculty Scholarship

We often hear that the world is becoming more economically interdependent. This observation is so universally shared as to go virtually unquestioned. Economists, legal scholars, government officials, journalists, and business leaders frequently assert that, whether states want to integrate economically or not, increasing economic interdependence is happening, and countries simply must accommodate that reality, or they risk becoming economic relics. The global financial crisis of 2008 is a vivid example, if one were needed, of the extent to which our economies have grown interdependent with good and bad consequences. The theory that international capital markets has become "de-linked" from one …

Israel's Invasion Of Gaza In International Law, George Bisharat, Timothy Crawley, Sar Elturk, Carey James, Rose Mishaan, Akila Radhakrishnan, Anna Sanders

Faculty Scholarship

No abstract provided.

Technology And Uncertainty The Shaping Effect On Copyright Law, Ben Depoorter

Faculty Scholarship

No abstract provided.

Checking In On Check The Box, Heather M. Field

Faculty Scholarship

No abstract provided.

Oral History Of Justice Jesse W. Carter Introduction, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

Blowing The Whistle On Mandatory Arbitration Unconscionability As A Signaling Device, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Notes On A Progressive National Water Policy, John D. Leshy

Faculty Scholarship

No abstract provided.

State Standing After Massachusetts V. Epa, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Qualified Intermediary Or Bust?, Susan C. Morse

Faculty Scholarship

No abstract provided.

Agency Accountability Strategies After Liberalization Universal Service In The United Kingdom, France, And Sweden, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.