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- Daniel A Farber (6)
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Articles 1 - 30 of 35
Full-Text Articles in Law
Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz
Regulating Governmental Data Mining In The United States And Germany: Constitutional Courts, The States, And New Technology, Paul M. Schwartz
Paul M. Schwartz
No abstract provided.
Privacy And The Economics Of Personal Health Care Information, Paul M. Schwartz
Privacy And The Economics Of Personal Health Care Information, Paul M. Schwartz
Paul M. Schwartz
No abstract provided.
Lawyers As Assimilators And Preservers, Thomas L. Shaffer, Mary M. Shaffer
Lawyers As Assimilators And Preservers, Thomas L. Shaffer, Mary M. Shaffer
Thomas L. Shaffer
No abstract provided.
Crisis Regulation, James E. Moliterno
Crisis Regulation, James E. Moliterno
James E. Moliterno
The article presents information on the regulation of crisis in legal profession. It reflects on the legal profession of the U.S. that has engaged in regulatory reform in response to crisis. It explains that a few changes in the status quo may lead legal profession to react to crisis and discusses it with the help of immigration in the twentieth century, Watergate and globalization. It states that with the wake of the Watergate revelations there is an increase in the crisis in legal profession.
Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security, Eileen Kaufman
Eileen Kaufman
The Supreme Courts of Israel and the United States treat cases involving national security radically differently, or so it appears on the surface. The fact that the two courts make very different use of justiciability doctrines dramatically affects their willingness to decide “war on terrorism” cases that challenge aspects of national security programs as violative of individual rights. On the surface, the approaches of the two courts thus appear to be radically different, and indeed they are, at least with respect to their willingness to hear and decide cases in “real time” and in terms of their willingness to embrace …
The United States Supreme Court Rulings Of Detention On "Enemy Combatants" - Partial Vindication Of The Rule Of Law, Douglass Cassel
The United States Supreme Court Rulings Of Detention On "Enemy Combatants" - Partial Vindication Of The Rule Of Law, Douglass Cassel
Douglass Cassel
No abstract provided.
International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel
International Remedies In National Criminal Cases: Icj Judgment In Germany V. United States, Douglass Cassel
Douglass Cassel
In Germany v. United States (2001), the International Court of Justice ruled that the Vienna Convention on Consular Relations confers judicially enforceable rights on foreign nationals detained for prolonged periods or sentenced to severe penalties without notice of their right to communicate with their consulates. The Court also ruled that states which fail to give timely notice cannot later invoke procedural default to bar individuals from judicial relief. However, the Court did not clearly address other issues, such as requiring individuals to show prejudice to the outcome of the trial, or denial of certain remedies for Convention violations, which may …
Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel
Empowering United States Courts To Hear Crimes Within The Jurisdiction Of The International Criminal Court, Douglass Cassel
Douglass Cassel
No abstract provided.
Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley
Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley
Gerard V. Bradley
No abstract provided.
Drug Development--Stuck In A State Of Puberty?: Regulatory Reform Of Human Clinical Research To Raise Responsiveness To The Reality Of Human Variability, Michael J. Malinowski
Drug Development--Stuck In A State Of Puberty?: Regulatory Reform Of Human Clinical Research To Raise Responsiveness To The Reality Of Human Variability, Michael J. Malinowski
Michael J. Malinowski
Scathing critiques of the Food and Drug Administration's (“FDA”) performance by the Government Accountability Office and Institutes of Medicine, a plummet in innovative new drug approvals in spite of significant annual investment increases in biopharmaceutical research and development (“R&D”), and market controversies such as the painkiller Vioxx and the diabetes drug Avandia (both associated with significantly escalated risks of heart attacks and strokes) have raised doubts about the sufficiency of FDA *364 regulation. This Article questions how prescription medicines reach the market and proposes law-policy reforms to enhance the FDA's science standard for human clinical trials and new drug approvals. …
The Trouble With Tarble's: An Excerpt From An Alternative Casebook, Daniel A. Farber
The Trouble With Tarble's: An Excerpt From An Alternative Casebook, Daniel A. Farber
Daniel A Farber
Presents the judgment, concurring and dissenting opinion of the judges in the case Ex Parte Printz. Discussion on the Brady Act; Facts and decision in the case of Printz; Concurring opinion Justice Scalia; Dissenting opinion of Justice Stevens and other justices.
The Supreme Court, The Law Of Nations, And Citations Of Foreign Law: The Lessons Of History, Daniel A. Farber
The Supreme Court, The Law Of Nations, And Citations Of Foreign Law: The Lessons Of History, Daniel A. Farber
Daniel A Farber
The article attempts to examine the U.S. Supreme Court's (SC) reliance on foreign law in light of historic American attitudes toward the law of nations and other forms of foreign authority. First, it provides additional background on the current SC's reliance on foreign law. Second, it looks at the historical record, explaining how foreign law influenced the thinking of the framers of the Constitution and of the anti-slavery Republicans. Third, it surveys the history of SC's use of foreign law in constitutional decisions. Fourth, it assesses some of the arguments against SC use of foreign law in light of the …
The Dead Hand Of The Architect, Daniel A. Farber
The Dead Hand Of The Architect, Daniel A. Farber
Daniel A Farber
No abstract provided.
Stretching The Margins: The Geographic Nexus In Environmental Law, Daniel A. Farber
Stretching The Margins: The Geographic Nexus In Environmental Law, Daniel A. Farber
Daniel A Farber
No abstract provided.
Missing The Play Of Intelligence, Daniel A. Farber
Missing The Play Of Intelligence, Daniel A. Farber
Daniel A Farber
Presents an essay on the quality of academic and judicial writings in the United States. Dissatisfaction with judicial opinions; Flaws in the Supreme Court's work product; Clarification of the concept of `play of intelligence'; Examination of three routing statutory cases; Court's handling of the factual record.
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
No abstract provided.
Why Does Executive Greed Prevail In The United States And Canada But Not In Japan? The Pattern Of Low Ceo Pay And High Worker Welfare In Japanese Corporations, Alberto R. Salazar V.
Why Does Executive Greed Prevail In The United States And Canada But Not In Japan? The Pattern Of Low Ceo Pay And High Worker Welfare In Japanese Corporations, Alberto R. Salazar V.
Alberto R. Salazar V.
According to a list of the 200 most highly-paid chief executives at the largest U.S. public companies in 2013, Oracle’s Lawrence J. Ellison remained the best paid CEO and earned $96.2 million as total annual compensation last year. He has received $1.8 billion over the past 20 years. The lowest paid on the same list is General Motors’ D. F. Akerson who earned $11.1 million. The average national pay for a non-supervisory US worker was $51,200 last year and a CEO made 354 times more than an average worker in 2012. Hunter Harrison, Canadian Pacific Railway Ltd., was the best …
Reverse-Commandeering, Margaret Hu
Reverse-Commandeering, Margaret Hu
Margaret Hu
Although the anti-commandeering doctrine was developed by the Supreme Court to protect state sovereignty from federal overreach, nothing prohibits flipping the doctrine in the opposite direction to protect federal sovereignty from state overreach. Federalism preserves a balance of power between two sovereigns. Thus, the reversibility of the anti-commandeering doctrine appears inherent in the reasoning offered by the Court for the doctrine’s creation and application. In this Article, I contend that reversing the anti-commandeering doctrine is appropriate in the context of contemporary immigration federalism laws. Specifically, I explore how an unconstitutional incursion into federal sovereignty can be seen in state immigration …
Thoughts On The Federalist Vision Of Representative Democracy As Viewed At The End Of The Twentieth Century: How Have We Used The Legacy Of The Federalist Papers, Jesse H. Choper
Jesse H Choper
Focuses on the concept of representative democracy in the document known as `The Federalist Papers,' by James Madison, Alexander Hamilton, and John Jay. Problems of representative democracy; Quality of representative democracy; Inability of political institutions of government to respond.
State Taxation And The Dormant Commerce Clause: The Object-Measure Approach, Jesse H. Choper, Tung Yin
State Taxation And The Dormant Commerce Clause: The Object-Measure Approach, Jesse H. Choper, Tung Yin
Jesse H Choper
Develops a workable approach for the application of judicial reviews under the Dormant Commerce Clause in the United States. History of the Supreme Court's review of state taxation that affects interstate commerce; Analysis on the problems of Complete Auto test; Application of the object-measure approach without radical modification of Supreme Court doctrine.
Separation Of Church And State: New Directions By The New Supreme Court, Jesse H. Choper
Separation Of Church And State: New Directions By The New Supreme Court, Jesse H. Choper
Jesse H Choper
Focuses on the treatment by the US Supreme Court of church-state issues. Four major areas of constitutional adjudication under the religion clauses; Religion in public schools; Government acknowledgment of religion.
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
Jesse H Choper
The article discusses several alternatives to causes of action barred by the Eleventh Amendment in the U.S. It discusses the Eleventh Amendment cases and the academic commentary they have generated. Moreover, it explains the internal constraints on state sovereign immunity such as suits against state officers in their private capacities. In addition to internal constraints, external limitations on sovereign immunity are also addressed.
Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg
Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg
Ronald G. Ehrenberg
[Excerpt] My reaction to this paper is mixed. On the one hand, it represents one of the few serious efforts I know of to place discussions about comparable worth in a comparative perspective and to bring evidence from other countries' experiences into the debate about policy in the United States. For this the authors should be resoundingly applauded. On the other hand, I am left with the feeling that they have not pushed their empirical analyses as hard as they might have, and because of this, in places they may have drawn some inappropriate conclusions. My discussion will elaborate on …
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Gary M. Shaw
The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Rodger Citron
This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.
Evidentiary Hearings In Federal Habeas Corpus Cases, Charles D. Weisselberg
Evidentiary Hearings In Federal Habeas Corpus Cases, Charles D. Weisselberg
Charles D Weisselberg
Discusses federal habeas corpus cases in the United States. Debate on the writ of habeas corpus; View that federal habeas corpus serves as a federal appeal for state prisoners; Development of federal writ of habeas corpus; Growth of federal civil litigation and habeas corpus petitions; Frequency of evidentiary hearings in habeas corpus cases; Proposals to reform federal habeas corpus.
Big Law's Sixth Amendment: The Rise Of Corporate White-Collar Practices In Large U.S. Law Firms, Charles D. Weisselberg, Su Li
Big Law's Sixth Amendment: The Rise Of Corporate White-Collar Practices In Large U.S. Law Firms, Charles D. Weisselberg, Su Li
Charles D Weisselberg
Over the last three decades, corporate white-collar criminal defense and investigations practices have become established within the nation's largest law firms. It was not always this way. White-collar work was not considered a legal specialty. And, historically, lawyers in the leading civil firms avoided criminal matters. But several developments occurred at once: firms grew dramatically, the norms within the firms changed, and new federal crimes and prosecution policies created enormous business opportunities for the large firms. Using a unique data set, this Article profiles the Big Law partners now in the white-collar practice area, most of whom are male former …
Prisoners Of The Ins, Charles Weisselberg
Prisoners Of The Ins, Charles Weisselberg
Charles D Weisselberg
As part of its efforts to control immigration, the Immigration and Naturalization Service (INS) detathe ins thousands of noncitizens. Many are held while the INS determines whether they are visitors, immigrants, or refugees; others are held because the INS would like to return them to their countries of origin but their countries will not take them back.
Government Rx--Back To The Future In Science Funding? The Next Era In Drug Development, Michael J. Malinowski
Government Rx--Back To The Future In Science Funding? The Next Era In Drug Development, Michael J. Malinowski
Michael J. Malinowski
The roles of government, industry, and academia in science research have been recast repeatedly since the U.S. began infusing tremendous funding during WWII. Recently, the National Institutes of Health (NIH) proposed a billion-dollar center to intervene in commercial drug development with the objective of lifting it out of a frightening fifteen-year slump in productivity. This article questions the role of the U.S. government in pharmaceutical development after completion of a map of the human genome (the touchstone of the Human Genome Project, HGP), a research undertaking spearheaded by the U.S. Government that spanned more than a decade. Specifically, the article …
The Emerging Anglo-American Model: Convergence In Industrial Relations Institutions?, Alexander Colvin, Owen R. Darbishire
The Emerging Anglo-American Model: Convergence In Industrial Relations Institutions?, Alexander Colvin, Owen R. Darbishire
Alexander Colvin
The Thatcher and Reagan administrations led a shift towards more market oriented regulation of economies in the Anglo-American countries, including efforts to reduce the power of organized labor. In this paper, we examine the development of employment and labor law in six Anglo-American countries (the U.S., Canada, the U.K., Ireland, Australia, and New Zealand) from the Thatcher/Reagan era to the present. At the outset of the Thatcher/Reagan era, the employment and labor law systems in these countries could be divided into three pairings: the Wagner Act model based industrial relations systems of the United States and Canada; the voluntarist system …