Law Commons^™

The Consequences Of Enlisting Federal Grand Juries In The War On Terrorism: Assessing The Usa Patriot Act’S Changes To Grand Jury Secrecy, Sara Sun Beale, James E. Felman

Faculty Scholarship

No abstract provided.

The Democratic Dilemma Of The International Criminal Court, Madeline Morris

Faculty Scholarship

No abstract provided.

Private Ordering, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

Lost In The Translation: What Environmental Regulation Does That Tort Cannot Duplicate, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

Case Studies Of Pre- And Mid-Trial Prejudice In Criminal And Civil Litigation, Neil Vidmar

Faculty Scholarship

This article presents a number of case studies involving pre- and mid-trial prejudice in criminal and civil litigation. The cases reveal deficiencies in the way that prejudicial publicity has been conceptualized and operationalized in many simulation experiments. The studies reveal that potential juror prejudices that concern lawyers and judges involve more than just main effects of mass media. Pre- and mid-trial prejudice also involves more general prejudices, gossip and rumor, the assertion of community normative values about justice, and conformity pressures. Four categories of prejudice recognized in American law are described and labeled: interest, specific, generic and conformity prejudice. The …

Restrictions On The Speech Of Judicial Candidates Are Unconstitutional: A Reply To Professor O’Neil, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Alien Tort Statute And Article Iii, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Comparing Precaution In The United States And Europe, Jonathan B. Wiener, Michael D. Rogers

Faculty Scholarship

The regulation of health and environmental risks has generated transatlantic controversy concerning precaution and the precautionary principle (PP). Conventional wisdom sees the European Union endorsing the PP and proactively regulating uncertain risks, while the United States opposes the PP and waits for evidence of harm before regulating. Without favouring either approach, this paper critically analyses the conventional depiction of transatlantic divergence. First, it reviews several different versions of the PP and their different implications. Second, it broadens the transatlantic comparison of precaution beyond the typical focus on single-risk examples, such as genetically modified foods. Through case studies, including hormones in …

Im Westen Nichts Neues? Zum Stand Der Rechtsvergleichung 100 Jahre Nach Dem Pariser Kongress - Gedanken Anlasslich Einer Jubilaumskonferenz In New Orleans [Nothing New In The West? On The State Of Comparative Law 100 Years After The Paris Congress - Reflections On The Occasion Of A Centennial Conference In New Orleans], Ralf Michaels

Faculty Scholarship

No abstract provided.

How Do Judges Maximize? (The Same Way Everybody Else Does - Boundedly): Rules Of Thumb In Securities Fraud Opinions, Mitu Gulati, Stephen M. Bainbridge

Faculty Scholarship

Judicial opinions in securities fraud class actions frequently do not conform to standard theories of adjudication. Instead of the complex modes of legal reasoning predicted by standard models, decisions in this area commonly rely on rules of thumb - decisionmaking heuristics or shortcuts. To the extent prior literature has focused on the use of decisionmaking heuristics in adjudication, commentators have emphasized procedural shortcuts, such as the doctrine whereby courts refuse to address issues that have not been squarely argued. In contrast, the heuristics we identify are substantive law doctrinal rules of thumb enabling a judge to avoid analysis of a …

Giants In A World Of Pygmies? Testing The Superstar Hypothesis With Judicial Opinions In Casebooks, Mitu Gulati, Veronica Sanchez

Faculty Scholarship

No abstract provided.

Selecting Pennsylvania Judges In The Twenty-First Century, Paul D. Carrington, Adam R. Long

Faculty Scholarship

No abstract provided.

Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Union Lawyers And Employment Law, Catherine Fisk

Faculty Scholarship

No abstract provided.

Many Unhappy Returns: Estate Tax Returns Of Married Decendents, Richard L. Schmalbeck, Jay A. Soled

Faculty Scholarship

No abstract provided.

The Paradoxical Corporate And Securities Law Implications Of Counsel Serving On The Client’S Board, James D. Cox

Faculty Scholarship

No abstract provided.

Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai

Faculty Scholarship

No abstract provided.

The Rhetoric Of Constitutional Law, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Preference, Presumption, Predisposition, And Common Sense: From Traditional Custody Doctrines To The American Law Institute’S Family Dissolution Project, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Reflections On The New Psychological Contract And The Ownership Of Human Capital, Catherine Fisk

Faculty Scholarship

No abstract provided.

The Iraqi Quagmire: Enforcing The No-Fly Zones, Scott L. Silliman

Faculty Scholarship

No abstract provided.

Military Commissions And The War On Terrorism, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

Sorting Out The Debate Over Customary International Law, Ernest A. Young

Faculty Scholarship

No abstract provided.

Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young

Faculty Scholarship

The European Union's ongoing "Convention on the Future of Europe" must tackle a fundamental issue of federalism: the balance between central authority and Member State autonomy. In this article, Ernest Young explores two strategies for protecting federalism in America - imposing substantive limits on central power and relying on political and procedural safeguards - and considers their prospects in Europe. American experience suggests that European attempts to limit central power by enumerating substantive "competencies" for Union institutions are unlikely to hold up, and that other substantive strategies such as the concept of "subsidiarity" tend to work best as political imperatives …

Database Protection In A Global Economy, Jerome H. Reichman

Faculty Scholarship

In 1996, a database treaty that the European Commission had put forward, in connection with the WIPO negotiations on transmissions in cyberspace, ultimately failed to win the support of other regional groups. Since then, the inability of the United States Congress to enact any form of database legislation has stymied further multilateral undertakings on this topic. This impasse may soon be broken, however, owing to the change of Administrations and to the appointment of new committee chairmen in the United States House of Representatives.

This article will discuss the prospects for an international regulatory framework for non copyrightable databases in …

Canadian Armed Forces Under United States Command, Michael Byers

Faculty Scholarship

No abstract provided.

The Positive Political Theory Of Cost-Benefit Analysis: A Comment On Johnston, Matthew D. Adler

Faculty Scholarship

No abstract provided.

The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.

Faculty Scholarship

One of the central concerns about American policy making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal - is extensive, there is very little scholarship which examines how the interdependencies between institutions affects the strategies of groups. In this paper we examine in a formal theoretical model how the opportunity to litigate administrative rulemaking in the courts affects the lobbying strategies of competing interest groups at the rulemaking stage. Using a resource-based view of group activity, we develop a …

Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer

Faculty Scholarship

This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand …

Book Review, Matthew D. Adler

Faculty Scholarship

No abstract provided.