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Articles 31 - 60 of 63
Full-Text Articles in Law
Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler
Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Removing The ‘Fuel Of Interest’ From The ‘Fire Of Genius’: Law And The Employee Inventor, 1830-1930, Catherine Fisk
Removing The ‘Fuel Of Interest’ From The ‘Fire Of Genius’: Law And The Employee Inventor, 1830-1930, Catherine Fisk
Faculty Scholarship
No abstract provided.
The Treaty Power And American Federalism, Curtis A. Bradley
The Treaty Power And American Federalism, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley
The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Managed Care-Work In Progress Or Stalled Experiment?, Clark C. Havighurst
Managed Care-Work In Progress Or Stalled Experiment?, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
The President’S Authority Over Foreign Affairs: An Executive Branch Perspective, H. Jefferson Powell
The President’S Authority Over Foreign Affairs: An Executive Branch Perspective, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
The Performance Of The American Civil Jury: An Empirical Perspective, Neil Vidmar
The Performance Of The American Civil Jury: An Empirical Perspective, Neil Vidmar
Faculty Scholarship
No abstract provided.
Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny
Efficiency-Wages, Tournaments, And Descrimination: A Theory Of Employment Descrimination Law For ‘High-Level’ Jobs, Mitu Gulati, David Charny
Faculty Scholarship
No abstract provided.
Reconceiving The Tournament Of Lawyers: Tracking, Seeding, And Information Control In The International Labor Markets Of Elite Law Firms, Mitu Gulati, David B. Wilkins
Reconceiving The Tournament Of Lawyers: Tracking, Seeding, And Information Control In The International Labor Markets Of Elite Law Firms, Mitu Gulati, David B. Wilkins
Faculty Scholarship
No abstract provided.
Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington
Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Evidence, Proof And Persuasion In Wto Dispute Settlement - Who Bears The Burden?, Joost H. B. Pauwelyn
Evidence, Proof And Persuasion In Wto Dispute Settlement - Who Bears The Burden?, Joost H. B. Pauwelyn
Faculty Scholarship
No abstract provided.
Indemnity Or Compensation? The Contract With America, Loser-Pays Attorney Fee Shifting, And A One-Way Alternative, Thomas D. Rowe Jr.
Indemnity Or Compensation? The Contract With America, Loser-Pays Attorney Fee Shifting, And A One-Way Alternative, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein
Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein
Faculty Scholarship
No abstract provided.
Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels
Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels
Faculty Scholarship
No abstract provided.
Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler
Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler
Faculty Scholarship
Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.
In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against …
The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer
The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer
Faculty Scholarship
In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department of Corrections …
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.
The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll
The Gentleman’S Agreement In Legal Theory And In Modern Practice: United States, Herbert Bernstein, Joachim Zekoll
Faculty Scholarship
No abstract provided.
Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington
Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Redefining A Profession, Richard A. Danner
Concretizing Human Rights, Laurence R. Helfer
Concretizing Human Rights, Laurence R. Helfer
Faculty Scholarship
reviewing Francisco Forest Martin et al., International Human Rights Law and Practice: Cases, Treaties and Materials (1997)
Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams
Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams
Faculty Scholarship
The United States Supreme Court validated the misappropriation theory in United States v. O'Hagan, but unfortunately rendered a confusing opinion that left many questions unresolved. In this article we discuss the history of the Supreme Court's Section 10(b) jurisprudence as it relates to insider trading, giving particular attention to the Court's insistence prior to O'Hagan that "a material misrepresentation or material failure to disclose," not merely a breach of fiduciary duty, must exist to impose liability under Section 10(b). We then discuss the pervasive inconsistencies among lower courts in interpreting the misappropriation theory, and how the O'Hagan decision does little …
Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman
Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman
Faculty Scholarship
No abstract provided.
The Lawyer As Agent, Deborah A. Demott
The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley
The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Victims’ Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller
Victims’ Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
A Revised Prospectus For A Third Restatement Of Agency, Deborah A. Demott
A Revised Prospectus For A Third Restatement Of Agency, Deborah A. Demott
Faculty Scholarship
No abstract provided.
The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury
The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury
Faculty Scholarship
No abstract provided.