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Articles 1 - 30 of 350
Full-Text Articles in Law
Why Y? Reflections On The Baucus Proposal, Reuven S. Avi-Yonah
Why Y? Reflections On The Baucus Proposal, Reuven S. Avi-Yonah
Articles
The international tax reform proposal introduced by Sen. Max Baucus, D-Mont., on November 19 contains several significant innovations that promise to define the terms of the debate for the foreseeable political future. (Prior coverage: Tax Notes Int’l, Nov. 25, 2013, p. 691.) It is therefore worth examining in detail even if it seems unlikely that progress toward meaningful reform can be achieved very soon.
Becoming A Fifth Branch, M. Todd Henderson, William A. Birdthistle
Becoming A Fifth Branch, M. Todd Henderson, William A. Birdthistle
Articles
No abstract provided.
Patent Invalidity Versus Noninfringement, Roger Ford
Standing For The Structural Constitution, Aziz Huq
Beyond Insolvency, Vincent Buccola
Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood
Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood
Articles
No abstract provided.
Washington Trust Law's Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation, Karen E. Boxx, Katie S. Groblewski
Washington Trust Law's Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation, Karen E. Boxx, Katie S. Groblewski
Articles
Washington trust laws were comprehensively revised in 2011 and 2013, resulting in the integration of concepts from the Uniform Trust Code and the addition of some novel provisions. This article discusses in depth the evolution of Washington law regarding the duties to inform and report, the situs of a trust, and representation of interested parties. In addition, this article discusses other UTC provisions that were integrated into Washington statutes and gives an explanation of any departures from UTC language and prior Washington law.
The Boundaries Of The Moral (And Legal) Community, Brian Leiter
The Boundaries Of The Moral (And Legal) Community, Brian Leiter
Articles
No abstract provided.
The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans
The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans
Articles
Critics of the Voting Rights Act argue that the anti-discrimination law requires states to engage in unconstitutional discrimination, as state decisionmakers must be conscious of race in order to ensure that voting policies do not weaken minority representation. This argument relies on the idea that subjective racial motivation is the essence of unconstitutional discrimination (even if benevolent, or to promote racial inclusion). The conventional understanding among constitutional scholars is that this “search for the bigoted decisionmaker” developed in employment and housing discrimination decisions between 1976 and 1979. Previous accounts have not recognized the role that the 1971 school desegregation decision …
Overstating The Satisfaction Of Lawyers, David L. Chambers
Overstating The Satisfaction Of Lawyers, David L. Chambers
Articles
Recent literature commonly reports US lawyers as disheartened and discontented, but more than two dozen statistically based studies report that the great majority of lawyers put themselves on the satisfied side of scales of job satisfaction. The claim of this article is that, in three ways, these statistically based studies convey an overly rosy impression of lawyers’ attitudes: first, that many of those who put themselves above midpoints on satisfaction scales are barely more positive than negative about their careers and often have profound ambivalence about their work; second, that surveys conducted at a single point in time necessarily fail …
Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble
Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble
Articles
United States recovery plans contain biological information for a species listed under the Endangered Species Act and specify recovery criteria to provide basis for species recovery. The objective of our study was to evaluate whether recovery plans provide uncertainty (e.g., variance) with estimates of population size. We reviewed all finalized recovery plans for listed terrestrial vertebrate species to record the following data: (1) if a current population size was given, (2) if a measure of uncertainty or variance was associated with current estimates of population size and (3) if population size was stipulated for recovery. We found that 59% of …
Advertisements Impact The Physiological Efficacy Of A Branded Drug, Emir Kamenica, Robert Naclerio, Anup Malani
Advertisements Impact The Physiological Efficacy Of A Branded Drug, Emir Kamenica, Robert Naclerio, Anup Malani
Articles
No abstract provided.
Mock Trials And Real Justices And Judges, Richard A. Posner
Mock Trials And Real Justices And Judges, Richard A. Posner
Articles
No abstract provided.
What Would Congress Want? If We Want To Know, Why Not Ask?, Danieli Evans
What Would Congress Want? If We Want To Know, Why Not Ask?, Danieli Evans
Articles
Judges often disagree about which interpretation of a statute is most faithful to 'legislative intent.' If judges are concerned about adhering to democratic preferences when interpreting statutes, why not ask Congress what it would prefer? I propose a procedure that would enable the Court, in a case where Justices are divided over the meaning of a statute, to submit both sides' reasoning to Congress, and Congress may choose to vote on its preferred of the alternative rulings the Court puts before it. Congress's preferences would be evidentiary only; they would not bind the Court to make one decision or another. …
Towards Engaged Scholarship, Jessica Owley, John R. Nolon, Keith Hirokawa, Sean Nolon
Towards Engaged Scholarship, Jessica Owley, John R. Nolon, Keith Hirokawa, Sean Nolon
Articles
No abstract provided.
Using A Human Rights Approach In Immigration Advocacy: An Introduction, Rebecca Sharpless, Robert Pauw, Judith L. Wood
Using A Human Rights Approach In Immigration Advocacy: An Introduction, Rebecca Sharpless, Robert Pauw, Judith L. Wood
Articles
No abstract provided.
We The People, They The People, And The Puzzle Of Democratic Constitutionalism, David A. Strauss
We The People, They The People, And The Puzzle Of Democratic Constitutionalism, David A. Strauss
Articles
No abstract provided.
Happiness Institutions, Jennifer Nou
From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley
From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley
Articles
The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public enforcement of environmental permits (among other things) has been joined by the use of conservation easements. Conservation easements are increasingly used to meet permit mitigation requirements. When private nonprofits hold these exacted conservation easements, they assume the role of permit enforcers. It is their job to ensure that conservation easement terms are complied with, giving them oversight and control over one of the …
Arguments For And Against Territoriality, Reuven S. Avi-Yonah
Arguments For And Against Territoriality, Reuven S. Avi-Yonah
Articles
The tax on dividends from the active income of controlled foreign corporations meets the criteria for a bad tax: It raises little revenue but significantly affects taxpayer behavior in undesirable ways.
Territoriality: For And Against, Reuven S. Avi-Yonah
Territoriality: For And Against, Reuven S. Avi-Yonah
Articles
The tax on dividends from the active income of controlled foreign corporations meets the criteria for a bad tax: It raises little revenue but significantly affects taxpayer behavior in undesirable ways.
Toward A Positive Theory Of Privacy Law, Lior Strahilevitz
Toward A Positive Theory Of Privacy Law, Lior Strahilevitz
Articles
No abstract provided.
Well-Being Analysis Vs. Cost-Benefit Analysis, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Well-Being Analysis Vs. Cost-Benefit Analysis, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Articles
Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures, then using those dollar figures as proxies for quality of life, creates significant systemic errors. These problems have been lamented by many scholars, and recent calls have gone out from world leaders and prominent economists to find an alternative analytical device that would measure quality of life more directly. This Article proposes well-being analysis (WBA) as that alternative. Relying on data from studies in the field of hedonic psychology that track people's actual experience …
Agency Self-Insulation Under Presidential Review, Jennifer Nou
Agency Self-Insulation Under Presidential Review, Jennifer Nou
Articles
Agencies possess enormous regulatory discretion. This discretion allows executive branch agencies in particular to insulate their decisions from presidential review by raising the costs of such review. They can do so, for example, through variations in policymaking form, cost-benefit analysis quality, timing strategies, and institutional coalition-building. This Article seeks to help shift the literature's focus on courtcentered agency behavior to consider instead the role of the President under current executive orders. Specifically, the Article marshals public-choice insights to offer an analytic framework for what it calls agency self-insulation under presidential review, illustrates the phenomenon, and assesses some normative implications. The …
The Hidden Costs Of Terrorist Watch Lists, Anya Bernstein
The Hidden Costs Of Terrorist Watch Lists, Anya Bernstein
Articles
No abstract provided.
The Impact Of Rankings And Rules On Legal Education Reform, David Yellen
The Impact Of Rankings And Rules On Legal Education Reform, David Yellen
Articles
Legal education is experiencing intense pressures and is undergoing profound changes. Two important forces that help shape and limit the nature and scope of legal education reform are the U.S. News & World Report rankings and the American Bar Association's accreditation standards. The push and pull of these forces helps explain why law schools are embracing some changes and resisting others
Prison Policy In Times Of Austerity: Lessons From Ireland, Mary Rogan
Prison Policy In Times Of Austerity: Lessons From Ireland, Mary Rogan
Articles
The catastrophic collapse in the once booming Irish economy has led to swingeing budgets, huge falls in property prices, rising unemployment, cut backs in public services, and the ignominy of a bailout financed by the International Monetary Fund, the European Union and the European Central Bank. As has been the case for all aspects of public expenditure, prison policy-makers are now regularly using the language of efficiency and value for money when discussing plans for Ireland’s prisons. The state’s current economic woes are having some interesting effects on the direction of prison policy. Plans are afoot to reduce the prison …
Inherent Human Rights: Philosophical Roots Of The Universal Declaration, James W. Nickel
Inherent Human Rights: Philosophical Roots Of The Universal Declaration, James W. Nickel
Articles
No abstract provided.
U.S. Tax Reform: Full-Inclusion Over Territorial System Compelling, Jeffrey M. Kadet
U.S. Tax Reform: Full-Inclusion Over Territorial System Compelling, Jeffrey M. Kadet
Articles
The territorial system strongly lobbied for by U.S. multinational corporations that stand to benefit from that system is not what’s best for our country or our society. It is bad tax policy for many reasons, including the strong motivation it provides our multinational corporations to continue moving operations, jobs, risks, and assets outside the United States to achieve double non-taxation. A worldwide full-inclusion system would severely curtail or completely eliminate that strong motivation because double nontaxation would no longer be possible because of a current federal tax on all earnings that cannot be eliminated through any tax schemes or creative …
A Textualist Approach To Purposivism In The Regulatory Arena, Linda Jellum
A Textualist Approach To Purposivism In The Regulatory Arena, Linda Jellum
Articles
No abstract provided.