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Articles 1 - 30 of 74
Full-Text Articles in Law
Global Capitalism And Nationalist Backlash: The Link Between Markets And Ethnicity, Amy L. Chua
Global Capitalism And Nationalist Backlash: The Link Between Markets And Ethnicity, Amy L. Chua
Faculty Scholarship
No abstract provided.
Reflective Choice In Health Care: Using Information Technology To Present Allocation Options, Arti K. Rai
Reflective Choice In Health Care: Using Information Technology To Present Allocation Options, Arti K. Rai
Faculty Scholarship
No abstract provided.
Rethinking Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Rethinking Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Faculty Scholarship
This paper analyzes cost-benefit analysis from legal, economic, and philosophical perspectives. The traditional defense of cost-benefit analysis is that it maximizes a social welfare function that aggregates unweighted and unrestricted preferences. We follow many economists and philosophers who conclude that this defense is not persuasive. Cost-benefit analysis unavoidably depends on controversial distributive judgments; and the view that the government should maximize the satisfaction of unrestricted preferences is not plausible. However, we disagree with critics who argue that cost-benefit analysis produces morally irrelevant evaluations of projects and should be abandoned. On the contrary, cost-benefit analysis, suitably constrained, is consistent with a …
Protecting Privacy From Technological Intrusions, Erwin Chemerinsky
Protecting Privacy From Technological Intrusions, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Global Environmental Regulation: Instrument Choice In Legal Context, Jonathan B. Wiener
Global Environmental Regulation: Instrument Choice In Legal Context, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
The Constitution In Authoritarian Institutions, Erwin Chemerinsky
The Constitution In Authoritarian Institutions, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson
The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson
Faculty Scholarship
No abstract provided.
When Corporate Managers Fear A Good Thing Is Coming To An End: The Case Of Interim Nondisclosure, Mitu Gulati
When Corporate Managers Fear A Good Thing Is Coming To An End: The Case Of Interim Nondisclosure, Mitu Gulati
Faculty Scholarship
Every public offering of securities is necessarily made some time during a fiscal quarter. Companies are obliged to disclose fall quarter operating results, but their obligations regarding the as-yet-incomplete quarter remain unclear. In this Article, Professor Mitu Gulati tackles both the normative question of whether companies doing offerings should be required to disclose their unripe information concerning the current quarter and the doctrinal question of whether such an obligation already exists within the framework of disclosure duties. The Article concludes that, while market forces and regulatory requirements operate to solve the interim nondisclosure problem in the majority of cases, there …
The Obsolescence Of The United States Courts Of Appeals: Roscoe Pound’S Structural Solution, Paul D. Carrington
The Obsolescence Of The United States Courts Of Appeals: Roscoe Pound’S Structural Solution, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Do State Religious Freedom Restoration Acts Violate The Establishment Clause Or Separation Of Powers?, Erwin Chemerinsky
Do State Religious Freedom Restoration Acts Violate The Establishment Clause Or Separation Of Powers?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Database Protection At The Crossroads: Recent Development And Their Impact On Science And Technology, Jerome H. Reichman, Paul F. Uhlir
Database Protection At The Crossroads: Recent Development And Their Impact On Science And Technology, Jerome H. Reichman, Paul F. Uhlir
Faculty Scholarship
This article explores the potentially adverse impact that the emerging legal infrastructure could have on scientific, technical, and educational users of factual data and information-as well as on other sectors of the information economy-unless suitable adjustments are made. It begins by explaining how efforts to accommodate the networked environment to the publishers' fears of market failure will impose a daunting array of legal and contractual restraints on the ability of scientists and engineers to access factual data and information in the near future. It then goes on to examine the most recent efforts to devise a sui generis intellectual property …
Book Review, Curtis A. Bradley
Book Review, Curtis A. Bradley
Faculty Scholarship
Reviewing John Rogers, International Law and United States Law (1999)
The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young
The Last Brooding Omnipresence: Erie Railroad Co. V. Tompkins And The Unconstitutionality Of Preemptive Federal Maritime Law, Ernest A. Young
Faculty Scholarship
No abstract provided.
With Disdain For The Constitutional Craft: The Proposed Victims’ Rights Amendment, Robert P. Mosteller, H. Jefferson Powell
With Disdain For The Constitutional Craft: The Proposed Victims’ Rights Amendment, Robert P. Mosteller, H. Jefferson Powell
Faculty Scholarship
Recent years have witnessed a growing concern over the rights of crime victims, as well as an accompanying debate over how best to protect those rights. One proposed solution took a significant step forward when the Senate Judiciary Committee voted to approve a Victims' Rights Amendment to the United States Constitution. In this Essay, Professors Mosteller and Powell argue that the proposed Amendment, along with the "legislative history" interpreting it, represents a failed attempt by the drafters of the Amendment to pacify the interests of victims and various other constituencies concerned about the impact of the Amendment on successful prosecutions …
Radical Tax Reform, The Constitution, And The Conscientious Legislator, Lawrence A. Zelenak
Radical Tax Reform, The Constitution, And The Conscientious Legislator, Lawrence A. Zelenak
Faculty Scholarship
In an earlier article in these pages, Prof. Erik M Jensen examined the history of the Direct-Tax Clauses of the Constitution and concluded that two proposals for fundamental tax reform--the flat tax and the Unlimited Savings Allowance (USA) tax--would be unconstitutional as unapportioned direct taxes. In this essay Prof. Zelenak disagrees with that conclusion. Zelenak accepts, for the sake of argument, Jensen's reading of the historical records, but differs with Jensen on how to apply the Direct-Tax Clauses to forms of taxation not imagined in the eighteenth century. He suggests that a conscientious legislator could decide that neither proposal would …
Kosovo, Casualty Aversion, And The American Military Ethos: A Perspective, Charles J. Dunlap Jr.
Kosovo, Casualty Aversion, And The American Military Ethos: A Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell
Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Teaching Civil Procedure: A Retrospective View, Paul D. Carrington
Teaching Civil Procedure: A Retrospective View, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Regulatory Duopoly In U.S. Securities Markets, James D. Cox
Regulatory Duopoly In U.S. Securities Markets, James D. Cox
Faculty Scholarship
Due to globalization, the world is a much smaller place today than it was when the U.S. securities laws were enacted. In an era of global trading and offerings of securities disclosure policy for U.S. securities markets is formulated with a healthy respect for the rules, customs, and practices of foreign markets. Thus, for policymakers, regulatory competition is as important a strategy as is harmonization. Theorists have long embraced the view that regulatory competition among markets will result in a regulatory hierarchy that is optimal for investors and the issuers of securities. In this Article, Professor Cox takes the regulatory …
The Judge, H. Jefferson Powell
Can The Graduated Income Tax Survive Optimal Tax Analysis?, Lawrence A. Zelenak, Kemper Moreland
Can The Graduated Income Tax Survive Optimal Tax Analysis?, Lawrence A. Zelenak, Kemper Moreland
Faculty Scholarship
No abstract provided.
The Democratic Deficit In European Community Rulemaking: A Call For Notice And Comment In Comitology, Francesca E. Bignami
The Democratic Deficit In European Community Rulemaking: A Call For Notice And Comment In Comitology, Francesca E. Bignami
Faculty Scholarship
Parliamentary democracy is the dominant paradigm in the European Community's democratic deficit debate.
Class Actions And Social Issue Torts In The Gulf South, Francis Mcgovern
Class Actions And Social Issue Torts In The Gulf South, Francis Mcgovern
Faculty Scholarship
This Article explores the practical, theoretical, and doctrinal evolution of class actions and social issue torts in the Gulf South. After explaining the reasons for the continued use of class actions and the recent emergence of social issue torts, the Article discusses the debate concerning the perceived abuses of both class actions and social issue torts. Professor McGovern conludes by making recommendations for incremental improvements to moderate the more egregious uses and abuses of class actions and social issue torts.
Substantive Due Process, Erwin Chemerinsky
The Mechanisms Of Control, Deborah A. Demott
The Mechanisms Of Control, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Feminism And Family Law, Katharine T. Bartlett
Feminism And Family Law, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Abdication Or Delegation? Congress, The Bureaucracy, And The Delegation Dilemma, Mathew D. Mccubbins
Abdication Or Delegation? Congress, The Bureaucracy, And The Delegation Dilemma, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
The Police-Ization Of The Military, Charles J. Dunlap Jr.
The Police-Ization Of The Military, Charles J. Dunlap Jr.
Faculty Scholarship
This essay will briefly review the background of the use of the armed forces in a police capacity, discuss the growth of that role in the I980s and 1990s, and forecast an even greater expansion into that role in the near future due to the emerging threat of "catastrophic terrorism." It will contend that this increased reliance on military resources for policing is not in the interest of either the armed forces or the public. Finally, it will make some observations with a view towards minimizing the dangers of police-ization of the military while ensuring the Nation's public safety.
Inadvertent Disclosure Of Priveleged Information And The Law Of Mistake: Using Substantive Legal Principles To Guide Ethical Decision Making, Trina Jones
Faculty Scholarship
No abstract provided.
Child Custody In The 21st Century: How The American Law Institute Proposes To Achieve Predictability And Still Protect The Individual Child’S Best Interests, Katharine T. Bartlett
Child Custody In The 21st Century: How The American Law Institute Proposes To Achieve Predictability And Still Protect The Individual Child’S Best Interests, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.