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Articles 1 - 18 of 18
Full-Text Articles in Law
Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett
Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett
Journal Articles
No abstract provided.
Incentivizing Divorce, Andrea B. Carroll
Incentivizing Divorce, Andrea B. Carroll
Journal Articles
Marriage is an important relationship, both for the parties to it and for society as a whole. Its benefits, stemming from the economies of scale and joint consumption inherent in the relationship, are largely unquestionable. And when marriage fails, the results are rather staggering. Economically, it is estimated that the annual cost of divorce to American taxpayers approaches $30 billion. From a social science perspective, the negative impacts of divorce on women and children have long been decried. In the face of these facts, we expect family law to fulfill a certain role. It should channel parties into the relationship …
Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, William Corbett, Matthew W. Finkin, Lea Vander Velde, Stephen F. Befort
Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, William Corbett, Matthew W. Finkin, Lea Vander Velde, Stephen F. Befort
Journal Articles
No abstract provided.
International Law And Domestic Legitimacy: Remarks Prepared For Lincoln’S Constitutionalism In Time Of War: Lessons For The Current War On Terror?, Scott Sullivan
Journal Articles
No abstract provided.
The Public And Wildlife Trust Doctrines And The Untold Story Of The Lucas Remand, Blake Hudson
The Public And Wildlife Trust Doctrines And The Untold Story Of The Lucas Remand, Blake Hudson
Journal Articles
Government attempts to protect ecosystems on private lands are often thwarted by Fifth Amendment takings claims demanding that “just compensation” be paid to the property owner. In the case of Lucas v. South Carolina Coastal Council, the U.S. Supreme Court found that a state statute could survive a takings claim if the state could prove on remand that “background principles of property law” applied to the subject property. Scholarly works since Lucas have argued that “background principles” includes the public and wildlife trust doctrines. However, on remand, the state failed to assert either doctrine in defense of the statute. Though …
Respecting, Rather Than Reacting To, Race In Biomedical Research: A Response To Professors Caulfield And Mwaria, Michael J. Malinowski
Respecting, Rather Than Reacting To, Race In Biomedical Research: A Response To Professors Caulfield And Mwaria, Michael J. Malinowski
Journal Articles
This Commentary is part of a colloquy on race-based genetics research.
Dealing With The Realities Of Race And Ethnicity: A Bioethics-Centered Argument In Favor Of Race-Based Genetics Research, Michael J. Malinowski
Dealing With The Realities Of Race And Ethnicity: A Bioethics-Centered Argument In Favor Of Race-Based Genetics Research, Michael J. Malinowski
Journal Articles
No abstract provided.
Randomization In Criminal Justice: A Criminal Law Conversation, Ken Levy, Michael O'Hear, Bernard E. Harcourt, A. Harel
Randomization In Criminal Justice: A Criminal Law Conversation, Ken Levy, Michael O'Hear, Bernard E. Harcourt, A. Harel
Journal Articles
No abstract provided.
Original Jurisdiction Deadlocks, Michael Coenen
Original Jurisdiction Deadlocks, Michael Coenen
Journal Articles
When a member of the Supreme Court is unable to hear a case, the remaining Justices will occasionally split 4-4 on the case's merits. Normally, such a tie vote translates into a summary affirmance of the lower court ruling, but it remains an open question how the Court should deal with deadlock in the original jurisdiction context, where by definition there is no lower court ruling to affirm. The Court has from its inception lacked a clear and principled approach to original jurisdiction deadlocks (OJDs), and as a result it has dealt awkwardly with those it has confronted in the …
Seeing The Global Forest For The Trees: How U.S. Federalism Can Coexist With Global Goverance Of Forests, Blake Hudson, Erika Weinthal
Seeing The Global Forest For The Trees: How U.S. Federalism Can Coexist With Global Goverance Of Forests, Blake Hudson, Erika Weinthal
Journal Articles
Both international forest and climate negotiations have failed to produce a legally binding treaty that addresses forest management activities - either comprehensively or more narrowly through carbon capture - due, in part, to lack of US leadership. Though US cooperation is crucial for facilitating both forest and climate negotiations, the role of federalism in constraining these trends has been given scant attention. We argue that, as embodied in the US Constitution, federalism complicates the US’s role in creating any legally binding treaty that directly regulates land uses (e.g. forest management). Because federalism reserves primary land use regulatory authority for state …
Hugo Black And Judicial Lawmaking: Forty Years In Retrospect, Paul R. Baier
Hugo Black And Judicial Lawmaking: Forty Years In Retrospect, Paul R. Baier
Journal Articles
No abstract provided.
Beyond Black Ink: From Langdell To The Oyez Project--The Voice Of The Past, Paul R. Baier
Beyond Black Ink: From Langdell To The Oyez Project--The Voice Of The Past, Paul R. Baier
Journal Articles
No abstract provided.
A Sprig Of Laurel For Chief Justice Calogero, Paul R. Baier
A Sprig Of Laurel For Chief Justice Calogero, Paul R. Baier
Journal Articles
No abstract provided.
Recodification In Louisiana And Latin America, Olivier Moreteau, Agustín Parise
Recodification In Louisiana And Latin America, Olivier Moreteau, Agustín Parise
Journal Articles
No abstract provided.
Visits To A Small Planet: Rights Talk In Some Science Fiction Film And Television Series From The 1950s To The 1990s, Christine Corcos
Visits To A Small Planet: Rights Talk In Some Science Fiction Film And Television Series From The 1950s To The 1990s, Christine Corcos
Journal Articles
No abstract provided.
The Interference Of Third Parties In Contractual Relations, A Comparative Study, Olivier Moreteau
The Interference Of Third Parties In Contractual Relations, A Comparative Study, Olivier Moreteau
Journal Articles
No abstract provided.
Fixing Employment Discrimination Law, William R. Corbett
Fixing Employment Discrimination Law, William R. Corbett
Journal Articles
Employment discrimination law in the United States is "broken." The proof structures that are used to analyze claims,rule on motions, and instruct juries are fraught with crucial uncertainties. The state of disrepair is so bad that lawyers and judges do not know how to analyze any given case. It is time for Congress to repair the proof structures through legislation, and it is a propitious time to do so. This article proposes the repairs that Congress should enact.
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
Journal Articles
This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.