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Articles 30841 - 30870 of 31605
Full-Text Articles in Entire DC Network
The Consequences Of Consequentialist Criteria, Nicholas Stephanopoulos
The Consequences Of Consequentialist Criteria, Nicholas Stephanopoulos
Public Law and Legal Theory Working Papers
The two most significant approaches to redistricting to emerge in the last generation are both consequentialist. That is, they both urge authorities to design—and courts to evaluate—district plans on the basis of the plans’ likely electoral consequences. According to the partisan fairness approach, plans should treat the major parties symmetrically in terms of the conversion of votes to seats. According to the competitiveness approach, districts should be as electorally competitive as is feasible. Unnoticed by the literature, a substantial number of jurisdictions, in both America and Australia, have heeded these calls from the academy. In sum, consequentialist criteria have been …
Toward A Positive Theory Of Privacy Law, Lior Strahilevitz
Toward A Positive Theory Of Privacy Law, Lior Strahilevitz
Public Law and Legal Theory Working Papers
No abstract provided.
Federalism, Liberty, And Risk In Nifb V. Sebelius, Aziz Huq
Federalism, Liberty, And Risk In Nifb V. Sebelius, Aziz Huq
Public Law and Legal Theory Working Papers
This book chapter analyzes the Supreme Court’s decision in National Federation of Independent Business (NFIB) v. Sebelius. Contra conventional wisdom, it argues that the pivotal opinion of Chief Justice Roberts is not well explained in federalism terms. Rather, the decision is best understood in light of entrenched historical understandings of the federal government’s appropriate role in managing diverse species of risk.
Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Huq
Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Huq
Public Law and Legal Theory Working Papers
No abstract provided.
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons
Public Law and Legal Theory Working Papers
This Article examines the adoption of rights in national constitutions in the post-World War II period in light of claims of global convergence. Using a comprehensive database on the contents of the world’s constitutions, we observe a qualified convergence on the content of rights. Nearly every single right has increased in prevalence since its introduction, but very few are close to universal. We show that international rights documents, starting with the Universal Declaration of Human Rights, have shaped the rights menu of national constitutions in powerful ways. These covenants appear to coordinate the behavior of domestic drafters, whether or not …
Historical Gloss: A Primer, Alison Lacroix
Historical Gloss: A Primer, Alison Lacroix
Public Law and Legal Theory Working Papers
No abstract provided.
Lafler And Frye: Two Small Band-Aids For A Festering Wound, Albert W. Alschuler
Lafler And Frye: Two Small Band-Aids For A Festering Wound, Albert W. Alschuler
Public Law and Legal Theory Working Papers
No abstract provided.
An Empirical Study Of The Effect Of Shady Grove V. Allstate On Forum Shopping In The New York Courts, William Hubbard
An Empirical Study Of The Effect Of Shady Grove V. Allstate On Forum Shopping In The New York Courts, William Hubbard
Public Law and Legal Theory Working Papers
Given the considerable prominence of forum-shopping concerns in the jurisprudence and academic literature on the so-called Erie Doctrine, courts and commentators may benefit from data on whether, and to what extent, forum shopping in fact responds to choice-of-law decisions under the Erie Doctrine. Prior to this paper, however, no empirical study quantified the changes in forum shopping behavior caused by a court decision applying the Erie Doctrine. I study changes in filing patterns of cases likely to be affected by the Supreme Court’s recent decision in Shady Grove v. Allstate and find evidence of large shifts in the patterns of …
Beccaria's 'On Crimes And Punishments': A Mirror On The History Of The Foundations Of Modern Criminal Law, Bernard E. Harcourt
Beccaria's 'On Crimes And Punishments': A Mirror On The History Of The Foundations Of Modern Criminal Law, Bernard E. Harcourt
Public Law and Legal Theory Working Papers
No abstract provided.
Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard H. Mcadams
Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard H. Mcadams
Public Law and Legal Theory Working Papers
No abstract provided.
Nietzsche Against The Philosophical Canon, Brian Leiter
Nietzsche Against The Philosophical Canon, Brian Leiter
Public Law and Legal Theory Working Papers
No abstract provided.
Policing Immigration, Thomas J. Miles, Adam B. Cox
Policing Immigration, Thomas J. Miles, Adam B. Cox
Public Law and Legal Theory Working Papers
No abstract provided.
Raising The Stakes In Patent Cases, Anup Malani, Jonathan Masur
Raising The Stakes In Patent Cases, Anup Malani, Jonathan Masur
Public Law and Legal Theory Working Papers
No abstract provided.
Removal As A Political Question, Aziz Huq
Removal As A Political Question, Aziz Huq
Public Law and Legal Theory Working Papers
When should courts be responsible for designing federal administrative agencies? In Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court invalidated one specific mechanism that Congress employs to insulate agencies from presidential control. Lower federal courts have discerned wider implications in the decision’s linkage of presidential power to remove agency officials with democratic accountability. Applied robustly, the Free Enterprise Fund principle casts doubt on many agencies' organic statutes. As the judiciary starts exploring those implications, this Article evaluates the effects of judicial intervention in administrative agency design in light of recent political science work on bureaucratic behavior, …
The Collapse Of The Harm Principle Redux: On Same-Sex Marriage, The Supreme Court’S Opinion In United States V. Windsor, John Stuart Mill’S Essay On Liberty (1859), And H.L.A. Hart’S Modern Harm Principle, Bernard E. Harcourt
Public Law and Legal Theory Working Papers
No abstract provided.
The Interbellum Constitution: Federalism In The Long Founding Moment, Alison Lacroix
The Interbellum Constitution: Federalism In The Long Founding Moment, Alison Lacroix
Public Law and Legal Theory Working Papers
Today, the mechanism of the spending power drives the gears of the modern federal machine. But early nineteenth century constitutional debates demonstrate that the spending power is essentially a workaround, and a recent one at that – a tool by which Congress achieves certain political and legal ends while respecting the formal boundaries set by Article I and the Tenth Amendment. This “interbellum” period was enormously significant for American constitutional law, in particular the constellation of related doctrines concerning congressional power that we now place under the general heading of “federalism”: the spending power, the enumerated powers of Article I, …
The Social Production Of National Security, Aziz Huq
The Social Production Of National Security, Aziz Huq
Public Law and Legal Theory Working Papers
This Article analyzes a recent policy innovation offered by governments on both sides of the Atlantic as a means of mitigating one form of national security risk: the idea that private individuals and voluntary associations have an untapped capacity for combating terrorism and in particular al Qaeda. Bold assertions in recent strategy statements mooting this possibility have wanted for any supporting account of how private behavior conduces to security. Even if the claimed social production of security against terrorism is causally well-founded, it is unclear how the state can elicit desirable private conduct. Consequently, the proposal’s legal and policy ramifications …
The South African Constitutional Court And Socio-Economic Rights As 'Insurance Swaps', Tom Ginsburg, Rosalind Dixon
The South African Constitutional Court And Socio-Economic Rights As 'Insurance Swaps', Tom Ginsburg, Rosalind Dixon
Public Law and Legal Theory Working Papers
No abstract provided.
Tiers Of Scrutiny In Enumerated Powers Jurisprudence, Aziz Huq
Tiers Of Scrutiny In Enumerated Powers Jurisprudence, Aziz Huq
Public Law and Legal Theory Working Papers
This Article identifies and analyzes the recent emergence of a “tiers of scrutiny” system in Supreme Court jurisprudence respecting the boundaries of Congress’s enumerated powers. The inquiry is motivated by the Court’s recent ruling on the federal healthcare law, which demonstrated that the national legislature’s election among its diverse textual sources of authority in Article I can have large, outcome-determinative consequences in constitutional challenges to federal laws. This is so because the Court not only delineates each power’s substantive boundaries differently but also applies distinct standards of review to the various legislative powers enumerated in Article I and elsewhere in …
Women In Prison In Argentina: Causes, Conditions, And Consequences, Sital Kalantry
Women In Prison In Argentina: Causes, Conditions, And Consequences, Sital Kalantry
Public Law and Legal Theory Working Papers
No abstract provided.
Exactions Creep, Lee Anne Fennell, Eduardo Peñalver
Exactions Creep, Lee Anne Fennell, Eduardo Peñalver
Public Law and Legal Theory Working Papers
No abstract provided.
Forcings, Lee Anne Fennell
Forcings, Lee Anne Fennell
Public Law and Legal Theory Working Papers
Eminent domain receives enormous amounts of scholarly and popular attention, and for good reason—it is a powerful form of government coercion that cuts to the heart of ownership. But a mirror-image form of government coercion has been almost entirely ignored: forced ownership, or "forcings." While legal compulsion to begin or continue ownership is neither entirely unstudied as an academic matter nor entirely unprecedented as a doctrinal matter, the category lacks a unified treatment. Because coercively imposed ownership can substitute for other forms of government coercion, forcings deserve attention, even if they will rarely dominate other alternatives. Attending to forcings as …
Beyond Presidentialism And Parliamentarism, Tom Ginsburg, Jose Antonio Cheibub, Zachary Elkins
Beyond Presidentialism And Parliamentarism, Tom Ginsburg, Jose Antonio Cheibub, Zachary Elkins
Public Law and Legal Theory Working Papers
The presidential-parliamentary distinction is foundational to comparative politics and at the center of a large theoretical and empirical literature. However, an examination of constitutional texts suggests a fair degree of heterogeneity within these categories with respect to important institutional attributes. These observations lead us to suspect that the classic presidential-parliamentary distinction, as well as the semi-presidential category, is not a systemic one. This paper investigates whether the defining attributes that separate presidential and parliamentary constitutions predict other attributes that are stereotypically associated with these institutional models. The results lead us to be highly skeptical of the “systemic” nature of the …
The South After Shelby County, Nicholas Stephanopoulos
The South After Shelby County, Nicholas Stephanopoulos
Public Law and Legal Theory Working Papers
In Shelby County v. Holder, the Supreme Court dismantled one of the two pillars of the Voting Rights Act: Section 5, which had barred southern jurisdictions from changing their election laws without receiving prior federal approval. But the Court left standing the VRA’s other pillar: Section 2, which prohibits racial discrimination in voting throughout the country. The burning question in the wake of Shelby County is what will happen to minority representation in the South now that Section 5 has been struck down but Section 2 lives on. This Article is the first to address this vital issue. The Article …
Patent Invalidity Versus Noninfringement, Roger Ford
Patent Invalidity Versus Noninfringement, Roger Ford
Public Law and Legal Theory Working Papers
Most patent scholars agree that the Patent and Trademark Office grants too many invalid patents and that these patents impose a significant tax upon industry and technological innovation. Although policymakers and scholars have proposed various ways to address this problem, including better ex ante review by patent examiners and various forms of ex post administrative review, the use of district courts to invalidate patents remains a core defense against bad patents. This Article analyzes a previously unidentified impediment to the use of district courts to invalidate patents. Nearly every patent lawsuit rises or falls on one of two defenses: invalidity …
Political Constraints On International Courts, Tom Ginsburg
Political Constraints On International Courts, Tom Ginsburg
Public Law and Legal Theory Working Papers
No abstract provided.
Osteogenic And Antimicrobial Nanoparticulate Calcium Phosphate And Poly-(D, L-Lactide-Co-Glycolide) Powders For The Treatment Of Osteomyelitis, Vuk Uskoković, Charles Hoover, Marija Vukomanović, Dragan P. Uskoković, Tejal A. Dasai, Charles Hoover, Marija Vukomanović, Dragan P. Uskoković, Tejal A. Dasai
Osteogenic And Antimicrobial Nanoparticulate Calcium Phosphate And Poly-(D, L-Lactide-Co-Glycolide) Powders For The Treatment Of Osteomyelitis, Vuk Uskoković, Charles Hoover, Marija Vukomanović, Dragan P. Uskoković, Tejal A. Dasai, Charles Hoover, Marija Vukomanović, Dragan P. Uskoković, Tejal A. Dasai
Pharmacy Faculty Articles and Research
Development of a material for simultaneous sustained and localized delivery of antibiotics and induction of spontaneous regeneration of hard tissues affected by osteomyelitis stands for an important clinical need. In this work, a comparative analysis of the bacterial and osteoblastic cell response to two different nanoparticulate carriers of clindamycin, an antibiotic commonly prescribed in the treatment of bone infection, one composed of calcium phosphate and the other comprising poly-(D,L-lactide-co-glycolide)-coated calcium phosphate, was carried out. Three different non-cytotoxic phases of calcium phosphate, exhibiting dissolution and drug release profiles in the range of one week to two months to one year, respectively, …
Phase Composition Control Of Calcium Phosphate Nanoparticles For Tunable Drug Delivery Kinetics And Treatment Of Osteomyelitis. Part 2: Antibacterial And Osteoblastic Response, Vuk Uskoković, Tejal A. Dasai
Phase Composition Control Of Calcium Phosphate Nanoparticles For Tunable Drug Delivery Kinetics And Treatment Of Osteomyelitis. Part 2: Antibacterial And Osteoblastic Response, Vuk Uskoković, Tejal A. Dasai
Pharmacy Faculty Articles and Research
Osteomyelitis has been traditionally treated by the combination of long-term antibiotic therapies and surgical removal of diseased tissue. The multifunctional material was developed in this study with the aim to improve this therapeutic approach by: (a) enabling locally delivered and sustained release of antibiotics at a tunable rate, so as to eliminate the need for repetitive administration of systemically distributed antibiotics; and (b) controllably dissolving itself, so as to promote natural remineralization of the portion of bone lost to disease. We report hereby on the effect of the previously synthesized calcium phosphates (CAPs) with tunable solubilities and drug release time …
Opportunities And Constraints To Community Forest User Groups Participating In Redd+ Payment Programs In Nepal, Alexander Cuthbert Smith
Opportunities And Constraints To Community Forest User Groups Participating In Redd+ Payment Programs In Nepal, Alexander Cuthbert Smith
Graduate Student Theses, Dissertations, & Professional Papers
In response to global concern for the consequences of climate change, the United Nations’ Reducing Emissions from Deforestation and Forest Degradation (REDD+) program was developed to support greenhouse gas emission reduction and carbon sequestration in developing countries. While still being developed around the world, in Nepal a REDD+ pilot project is being conducted with the involvement of the Nepali government’s Department of Forestry (DoF) and its community forestry program. The pilot project is called “REDD+ in Community Managed Forests in Nepal” (RCMFN). The commitment of Nepal’s government to carry out this project makes it an ideal location to study carbon …
The Brave Heart Society: An Oral History Of An Indigenous Women's Society, Brook Spotted Eagle
The Brave Heart Society: An Oral History Of An Indigenous Women's Society, Brook Spotted Eagle
Graduate Student Theses, Dissertations, & Professional Papers
This study examines the Brave Heart Society and the ways in which Brave Heart women collectively approaches trauma-healing outside of the programmatic structures of federally funded tribal systems. National statistics speak to the contemporary struggles impacting most US Indigenous populations in the present-day. Such struggles are residual symptoms rooted in a long history of domination and US imperialism. These data indicate that most tribes have not fully recovered from federally imposed systems of deprivation. Within the context of the Ihanktonwan Dakota community in southeastern South Dakota, the nuanced ways in which trauma impedes development and community wellness is both realized …