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Articles 31 - 60 of 74
Full-Text Articles in Law
Prosecutorial Immunity, Erwin Chemerinsky
Dialogue On State Action, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Protecting Privacy From Technological Intrusions, Erwin Chemerinsky
Protecting Privacy From Technological Intrusions, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky
A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
In Defense Of The Big Tent: The Importance Of Recognizing The Many Audiences For Legal Scholarship, Erwin Chemerinsky, Catherine Fisk
In Defense Of The Big Tent: The Importance Of Recognizing The Many Audiences For Legal Scholarship, Erwin Chemerinsky, Catherine Fisk
Faculty Scholarship
No abstract provided.
The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky
The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky
Faculty Scholarship
The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisor's sexual harrassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governements sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and arge that they cannot be justified by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring …
Sen And The Hart Of Jurisprudence: A Critique Of The Economic Analysis Of Judicial Behavior, Neil S. Siegel
Sen And The Hart Of Jurisprudence: A Critique Of The Economic Analysis Of Judicial Behavior, Neil S. Siegel
Faculty Scholarship
This Comment argues that economic analysis provides an inadequate account of judicial behavior because economic models are incompatible with a jurisprudence that recognizes basic rule-of-law values. Whereas standard economic theory is committed to thinking of a judge as exclusively self-interested, two fundamental problems with this conception exist. First, as application of Amariya Sen's critique of the behavioral foundations of economic theory to judicial behavior reveals, the decision of a judge who meets her judicial obligations may fail to maximize her self-interest. Second, even if the self-interest-maximizing decision coincides with the behavior that her judicial obligations require; economic models still fail …
On The Political Economy Of Global Environmental Regulation, Jonathan B. Wiener
On The Political Economy Of Global Environmental Regulation, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
Book Review, Curtis A. Bradley
Book Review, Curtis A. Bradley
Faculty Scholarship
Reviewing John Rogers, International Law and United States Law (1999)
International Decisions: Grant V. Southwest Trains Ltd., Laurence R. Helfer
International Decisions: Grant V. Southwest Trains Ltd., Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Forum Shopping For Human Rights, Laurence R. Helfer
Forum Shopping For Human Rights, Laurence R. Helfer
Faculty Scholarship
The article analyzes a growing trend in international human rights law: the submission of petitions by aggrieved individuals to multiple human rights courts, tribunals, or treaty bodies, each of which is authorized to review the petition and to determine whether the individuals? rights have been violated. Most commentators have viewed this practice of "forum shopping for human rights" as a danger to be avoided. This article questions that conventional wisdom and offers in its place a re-envisioning of the human rights petition system. Although efficiency, finality and other concerns weigh against some varieties of duplicative review, this article argues that …
Feminism And Family Law, Katharine T. Bartlett
Feminism And Family Law, Katharine T. Bartlett
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 Impact On Securitization Of Revised Ucc Article 9, Steven L. Schwarcz
The Impact On Securitization Of Revised Ucc Article 9, Steven L. Schwarcz
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.
Who’S Afraid Of Thomas Cromwell?, H. Jefferson Powell
Who’S Afraid Of Thomas Cromwell?, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
A New American Foreign Affairs Law?, Curtis A. Bradley
A New American Foreign Affairs Law?, Curtis A. Bradley
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.
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.
Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr.
Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
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.
The Legal Basis For No-Fly Zones, Charles J. Dunlap Jr.
The Legal Basis For No-Fly Zones, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Preemption At Sea, Ernest A. Young
Preemption At Sea, Ernest A. Young
Faculty Scholarship
Although Erie Railroad v. Tompkins put an end to the "general federal common law," a form of general common law lives on in admiralty. The interaction of that law with state regulatory authority in maritime cases has given rise to one of the thorniest questions in federal courts law -- the problem of maritime preemption. Because admiralty law remains largely a "brooding omnipresence over the sea," maritime preemption affords a unique opportunity to explore the implications of both pre- and post-Erie approaches to judge-made law for our modern system of federalism. In this article, Professor Young proposes that the present …
State Sovereign Immunity And The Future Of Federalism, Ernest A. Young
State Sovereign Immunity And The Future Of Federalism, Ernest A. Young
Faculty Scholarship
No abstract provided.