Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (10)
- Legislation (8)
- Supreme Court of the United States (8)
- Business Organizations Law (7)
- Law and Economics (7)
-
- International Law (6)
- Administrative Law (5)
- Civil Rights and Discrimination (5)
- Health Law and Policy (5)
- Law Enforcement and Corrections (5)
- Law and Race (5)
- Law and Society (5)
- Legal Education (5)
- Legal History (5)
- Legal Writing and Research (5)
- Military, War, and Peace (5)
- Tax Law (5)
- Taxation-Transnational (5)
- Antitrust and Trade Regulation (4)
- Comparative and Foreign Law (4)
- Courts (4)
- Criminal Law (4)
- Family Law (4)
- Intellectual Property Law (4)
- Public Law and Legal Theory (4)
- Securities Law (4)
- Criminal Procedure (3)
- Education (3)
- Food and Drug Law (3)
- Keyword
-
- Empirical studies (7)
- Congress (6)
- Corporations (6)
- United States Supreme Court (6)
- Treaties (4)
-
- Class actions (3)
- Curriculum (3)
- Fourteenth Amendment (3)
- Incentives (3)
- Income tax (3)
- International tax (3)
- Iran (3)
- Judicial review (3)
- Law reform (3)
- Markets (3)
- Prisoners (3)
- Regulations (3)
- Securities and Exchange Commission (3)
- Affirmative action (2)
- Appointed counsel (2)
- Armed Career Criminal Act (2)
- Base erosion and profit shifting (2)
- Beckles v. United States (2)
- Biologics (2)
- Biosimilars (2)
- Checks and balances (2)
- Child abuse (2)
- Child welfare (2)
- Children (2)
- Climate change (2)
Articles 61 - 69 of 69
Full-Text Articles in Law
Is Theocracy Our Politics? Thoughts On William Baude's 'Is Originalism Our Law?', Richard A. Primus
Is Theocracy Our Politics? Thoughts On William Baude's 'Is Originalism Our Law?', Richard A. Primus
Articles
In Is Originalism Our Law?, William Baude has made a good kind of argument in favor of originalism. Rather than contending that originalism is the only coherent theory for interpreting a constitution, he makes the more modest claim that it happens to be the way that American judges interpret our Constitution. If he is right—if originalism is our law—then judges deciding constitutional cases ought to be originalists. But what exactly would the content of that obligation be? Calling some interpretive method “our law” might suggest that judges have an obligation to decide cases by reference to that method. But the …
Introducing Marijuana Law Into The Legal Writing Curriculum, Howard Bromberg, Mark K. Osbeck
Introducing Marijuana Law Into The Legal Writing Curriculum, Howard Bromberg, Mark K. Osbeck
Articles
Interest in marijuana law continues to grow, due in large part to the complicated and rapidly evolving landscape of marijuana laws in the United States. Nearly every day, newspapers report on new or proposed legislation and the legal controversies that have arisen with regard to this evolving landscape. There are now several marijuana-law blogs on the Internet, Congress is considering sweeping legislation that would essentially grant significant deference to the individual states, and public opinion continues to move in favor of increased legalization. For the last two years, Newsweek magazine has published special editions devoted exclusively to marijuana law and …
When Should We Teach Our Students To Pay Attention To The Costs Of Legal Research?, Beth H. Wilensky
When Should We Teach Our Students To Pay Attention To The Costs Of Legal Research?, Beth H. Wilensky
Articles
It is axiomatic in legal research pedagogy that law schools should teach students how to conduct cost-effective legal research. To do that, we need to teach students to consider the amount of time and money their research requires, how paid legal research platforms like Westlaw and Lexis charge for their services, and how to research in an efficient and cost-sensitive way. But we shouldn’t do those things. Or at least, we shouldn’t do them at first. Instead, we should tell students not to worry about the costs of legal research during their first year of law school—with the possible exception …
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • United States and France Sign Agreement to Compensate Holocaust Victims • United States Conducts Naval Operation Within Twelve Nautical Miles of Spratly Islands in the South China Sea, Prompting Protests from China • United States Pursues Bilateral and Multilateral Initiatives in and Around the Arctic
Legal Limits And The Implementation Of The Affordable Care Act, Nicholas Bagley
Legal Limits And The Implementation Of The Affordable Care Act, Nicholas Bagley
Articles
Accusations of illegality have dogged the Obama Administration's efforts to implement the Affordable Care Act (ACA), the most ambitious piece of social legislation since the advent of Medicare and Medicaid. Some of the accusations have merit; indeed, it would be surprising if they did not. Even as the ACA's rollout has exposed unanticipated difficulties in the statutory design, congressional antipathy to health reform has precluded looking to the legislature to iron out those difficulties. To secure his principal achievement, President Obama has repeatedly tested the limits of executive authority in implementing the ACA. Six years after its enactment and two …
Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities, Samuel Bagenstos
Disparate Impact And The Role Of Classification And Motivation In Equal Protection Law After Inclusive Communities, Samuel Bagenstos
Articles
At least since the Supreme Court’s 2009 decision in Ricci v. DeStefano, disparate-impact liability has faced a direct constitutional threat. This Article argues that the Court’s decision last Term in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., which held that disparate-impact liability is available under the Fair Housing Act, has resolved that threat, at least for the time being. In particular, this Article argues, Inclusive Communities is best read to adopt the understanding of equal protection that Justice Kennedy previously articulated in his pivotal concurrence in the 2007 Parents Involved case—which argued that …
What Notice Did, Jessica D. Litman
What Notice Did, Jessica D. Litman
Articles
In the twenty-first century, copyright protection is automatic. It vests in eligible works the instant that those works are first embodied in a tangible format. Many Americans are unaware of that, believing instead that registration and copyright notice are required to secure a copyright. That impression is understandable. For its first 199 years, United States copyright law required authors to take affirmative steps to obtain copyright protection. The first U.S. copyright statute, enacted by Congress in 1790, required the eligible author of an eligible work to record the title of the work with the clerk of the court in the …
Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism, J. J. Prescott
Portmanteau Ascendant: Post-Release Regulations And Sex Offender Recidivism, J. J. Prescott
Articles
The purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, these laws seem well-designed and likely to be effective. A simple economic framework of offender behavior can be used to formalize these basic intuitions: in essence, post-release regulations either increase the probability of detection or increase the immediate cost of engaging in the prohibited activity (or both), and so should reduce the likelihood of criminal behavior. These laws aim to incapacitate people outside of prison. Yet, empirical researchers to date have found essentially no reliable evidence …
Testing Racial Profiling: Empirical Assessment Of Disparate Treatment By Police, Sonja B. Starr
Testing Racial Profiling: Empirical Assessment Of Disparate Treatment By Police, Sonja B. Starr
Articles
In this Article, I explore why measuring disparate-treatment discrimination by police is so difficult, and consider the ways that researchers' existing tools can make headway on these challenges and the ways they fall short. Lab experiments have provided useful information about implicit racial bias, but they cannot directly tell us how these biases actually affect real-world behavior. Meanwhile, for observational researchers, there are various hurdles, but the hardest one to overcome is generally the absence of data on the citizen conduct that at least partially shapes policing decisions. Most crime, and certainly most noncriminal "suspicious" or probable-cause-generating behavior, goes unreported …