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Articles 1 - 7 of 7

Full-Text Articles in Law

Thinking, Big And Small, Stephen B. Burbank Jan 2013

Thinking, Big And Small, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri Jan 2013

Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri

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No abstract provided.


Alexander's Genius, Mitchell N. Berman Jan 2013

Alexander's Genius, Mitchell N. Berman

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No abstract provided.


They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal Jan 2013

They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal

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No abstract provided.


What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve Jan 2013

What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve

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No abstract provided.


Institutional Choice In An Economic Crisis, David A. Skeel Jr. Jan 2013

Institutional Choice In An Economic Crisis, David A. Skeel Jr.

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Neil Komesar’s work has transformed our understanding of how institutional analysis should be done. There is one very surprising omission from the breathtaking range of Komesar’s oeuvre, however: he has never directly applied his framework to crises. My aim in this Article is to advance, at least in a small way, our understanding of institutional choice during and after an economic crisis. Part I very briefly revisits the recent crisis, emphasizing its institutional dimensions. Part II identifies three puzzles posed by a crisis for standard Komesarian analysis. Part III then shows how Eric Posner and Adrian Vermeule’s executive-centered theory partially …


Justice Kennedy's Sixth Amendment Pragmatism, Stephanos Bibas Jan 2013

Justice Kennedy's Sixth Amendment Pragmatism, Stephanos Bibas

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This essay, written as part of a symposium on the evolution of Justice Kennedy’s jurisprudence, surveys three areas of criminal procedure under the Sixth Amendment: sentence enhancements, the admissibility of hearsay, and the regulation of defense counsel’s responsibilities. In each area, Justice Kennedy has been a notable voice of pragmatism, focusing not on bygone analogies to the eighteenth century but on a hard-headed appreciation of the twenty-first. He has shown sensitivity to modern criminal practice, prevailing professional norms, and practical constraints, as befits a Justice who came to the bench with many years of private-practice experience. His touchstone is not …