Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (34)
- International Law (14)
- Social and Behavioral Sciences (8)
- Human Rights Law (5)
- Public Affairs, Public Policy and Public Administration (5)
-
- Sociology (5)
- Banking and Finance Law (4)
- Judges (3)
- Law and Society (3)
- Social Policy (3)
- Bankruptcy Law (2)
- Dispute Resolution and Arbitration (2)
- Family, Life Course, and Society (2)
- Health Policy (2)
- Public Affairs (2)
- Securities Law (2)
- Business (1)
- Business Organizations Law (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Constitutional Law (1)
- Contracts (1)
- Courts (1)
- Criminal Procedure (1)
- Criminology (1)
- Criminology and Criminal Justice (1)
- Economic Policy (1)
- Economics (1)
- Education Law (1)
- Keyword
-
- Bankruptcy (2)
- Canada (2)
- Fraud (2)
- Race (2)
- Supreme Court (2)
-
- Tax policy (2)
- 2008 recession (1)
- 2010 (1)
- 2011 (1)
- Abusive interrogation techniques (1)
- Adjudication (1)
- Administrative discipline (1)
- Affirmative action (1)
- Affordable Care Act (1)
- Airbus (1)
- American's in Shape Tax Credit (1)
- And intimidation (1)
- Anti-same-sex marriage (1)
- Arbitration (1)
- Audio recording (1)
- B corp (1)
- Bail (1)
- Balls and Strikes (1)
- Bank fraud (1)
- Bank restructuring (1)
- Banking regulation (1)
- Bankruptcy Law (1)
- Baseball (1)
- Benefit corporation (1)
- Best light (1)
Articles 1 - 30 of 74
Full-Text Articles in Law
To “Advice And C̶O̶N̶S̶E̶N̶T̶Delay”: The Role Of Interest Groups In The Confirmation Of Judges To The Federal Courts Of Appeal, Donald E. Campbell
To “Advice And C̶O̶N̶S̶E̶N̶T̶Delay”: The Role Of Interest Groups In The Confirmation Of Judges To The Federal Courts Of Appeal, Donald E. Campbell
Northwestern Journal of Law & Social Policy
Political and partisan battles over nominees to the federal courts of appeal have reached unprecedented levels. This article considers the reasons for this change in the process. Using evidence from law and political science, this article proposes that current confirmation struggles are greatly influenced by increased involvement of interest groups in the process. The article tests the role of interest groups through an in-depth examination of George W. Bush’s nomination of Leslie H. Southwick to the Fifth Circuit Court of Appeals. Utilizing the Southwick case study, the article provides evidence of how interest groups impact the confirmation process by designating …
The Art Of Legal Reasoning And The Angst Of Judging: Of Balls, Strikes, And Moments Of Truth, Timothy P. Terrell
The Art Of Legal Reasoning And The Angst Of Judging: Of Balls, Strikes, And Moments Of Truth, Timothy P. Terrell
Northwestern Journal of Law & Social Policy
An essay of only five short paragraphs published several years ago by the noted Harvard paleontologist Stephen Jay Gould about a controversial call by baseball umpire Babe Pinelli provides all the foundation necessary for a thorough investigation of the phenomenon of legal reasoning. The present article contrasts Gould’s analysis of a “strike” with the comment by then-Judge John Roberts at his Supreme Court confirmation hearings that he just wanted to “call [the] balls and strikes,” and through this exchange develops a new approach toward identifying—and teaching—the basic elements of sophisticated legal thinking. This article divides legal reasoning into four interrelated …
May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba
May It Please The Court: Questions About Policy At Oral Argument, Cynthia K. Conlon, Julie M. Karaba
Northwestern Journal of Law & Social Policy
This Article examines the questions that Supreme Court Justices ask during oral argument. The authors content-coded questions asked in fifty-three cases argued during the October 2009, 2010, and 2011 terms—a total of 5,115 questions. They found that the Justices vary significantly in the extent to which they ask about different aspects of a case, including threshold issues, precedent, facts, external actors, legal argument, and policy. They also found that the Justices were more likely to ask policy-oriented questions in education cases than in constitutional cases that did not arise in a school setting. The authors included a case study of …
International Ngos, The Arab Upheaval, And Human Rights: Examining Ngo Resource Allocation, Gerald M. Steinberg
International Ngos, The Arab Upheaval, And Human Rights: Examining Ngo Resource Allocation, Gerald M. Steinberg
Northwestern Journal of Human Rights
No abstract provided.
The Evolving Asean Human Rights System: The Asean Human Rights Declaration Of 2012, Gerard Clarke
The Evolving Asean Human Rights System: The Asean Human Rights Declaration Of 2012, Gerard Clarke
Northwestern Journal of Human Rights
No abstract provided.
Speechlessness And Trauma: Why The International Criminal Court Needs A Public Interviewing Guide, Philip A. Sandick
Speechlessness And Trauma: Why The International Criminal Court Needs A Public Interviewing Guide, Philip A. Sandick
Northwestern Journal of Human Rights
No abstract provided.
National Discretion And International Deference In The Restriction Of Human Rights: A Comparison Between The Jurisprudence Of The European And The Inter-American Court Of Human Rights, Pablo Contreras
Northwestern Journal of Human Rights
No abstract provided.
Constitutional Apostasy: The Ambiguities In Islamic Law After The Arab Spring, Brian O'Connell
Constitutional Apostasy: The Ambiguities In Islamic Law After The Arab Spring, Brian O'Connell
Northwestern Journal of Human Rights
No abstract provided.
Easing The Tension Between Statutes Of Limitations And The Continuing Offense Doctrine, Jeffrey R. Boles
Easing The Tension Between Statutes Of Limitations And The Continuing Offense Doctrine, Jeffrey R. Boles
Northwestern Journal of Law & Social Policy
This Article is the first to analyze comprehensively the relationship between the continuing offense doctrine and criminal statutes of limitations. The continuing offense doctrine is a powerful tool for prosecutors who face statute of limitations challenges. It functions to delay the running of statutes of limitations for certain crimes by postponing the completion of those crimes. In order to trigger the operation of the doctrine, a court must conclude that a particular crime is a “continuing offense” for statute of limitations purposes. Identifying what crimes are continuing offenses has been a problematic exercise for federal courts, leading to a growing …
Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi
Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi
Northwestern Journal of Law & Social Policy
The Supreme Court decision in Grutter v. Bollinger provided more definitive guidance for institutions of higher education desiring to use racial preferences in an effort to achieve a diverse student body. This Article first examines Grutter and other relevant cases to set forth the parameters established by the Supreme Court concerning how university preferences, including but not limited to race, may be used in an admissions policy. This Article then provides a framework for creating and using diversity indices that can help institutions implement the guidelines found in these court decisions and monitor whether or not the goal of diversity …
An Inconvenient Lie: Big Tobacco Was Put On Trial For Denying The Effects Of Smoking; Is Climate Change Denial Off-Limits?, Elizabeth Dubats
An Inconvenient Lie: Big Tobacco Was Put On Trial For Denying The Effects Of Smoking; Is Climate Change Denial Off-Limits?, Elizabeth Dubats
Northwestern Journal of Law & Social Policy
Plaintiffs have made several notable attempts to bring nuisance, trespass, and negligence suits against major sources of greenhouse gas emissions for climate change related injuries. While climate change is a widely recognized environmental issue, courts have refused to recognize it as a basis for a valid cause of action in tort, finding either petitioners lack standing to bring the claim, or that the claim raises political questions that should not be addressed by the judiciary. Some more recent climate change tort claims have also included allegations of fraud on the part of the hydrocarbon industry for actively perpetuating misinformation about …
Foreclosing Foreclosure: Escaping The Yawning Abyss Of The Deep Mortgage And Housing Crisis, Aleatra P. Williams
Foreclosing Foreclosure: Escaping The Yawning Abyss Of The Deep Mortgage And Housing Crisis, Aleatra P. Williams
Northwestern Journal of Law & Social Policy
In 2007, Rick Sharga, vice president of marketing at RealtyTrac, stated that with more stringent lending and underwriting standards, “we will likely see a significant foreclosure decrease” within the next three years. However, a sustained and considerable decrease in foreclosures has yet to occur. In fact, the real estate market downfall and resulting mortgage and housing crisis have proven to be wider, deeper, and more serious than first anticipated. Since 2007, millions of homeowners faced, and continue to face, foreclosure proceedings. To provide protections for homeowners, federal and state actors have attempted regulatory and legislative solutions to stem the foreclosure …
Big Censorship In The Big House—A Quarter-Century After Turner V. Safley: Muting Movies, Music & Books Behind Bars, Clay Calvert, Kara Carnley Murrhee
Big Censorship In The Big House—A Quarter-Century After Turner V. Safley: Muting Movies, Music & Books Behind Bars, Clay Calvert, Kara Carnley Murrhee
Northwestern Journal of Law & Social Policy
On the twenty-fifth anniversary of the United States Supreme Court’s decision in Turner v. Safley, this Article examines how federal courts across the country are applying the Turner standard today in cases involving the First Amendment free speech rights of inmates. Are courts too quick today to support the censorial proclivities of prison officials? Do judges too readily capitulate in deference to the concerns of those tasked with overseeing the incarcerated? Those are the key questions this Article addresses by analyzing inmate access to magazines, movies, books, and other common forms of media artifacts. This Article’s determinations stem from …
Exposing The Traditional Marriage Agenda, Jessica Feinberg
Exposing The Traditional Marriage Agenda, Jessica Feinberg
Northwestern Journal of Law & Social Policy
The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has …
Fitness Tax Credits: Costs, Benefits, And Viability, Daniel M. Reach
Fitness Tax Credits: Costs, Benefits, And Viability, Daniel M. Reach
Northwestern Journal of Law & Social Policy
As the number of overweight and obese Americans rises, it becomes increasingly clear that Americans need further incentives to stimulate lasting lifestyle changes. Tax incentives focused on exercise, which have been largely unexplored to this point, are an effective response to the growing obesity problem in the United States that would largely avoid the political opposition that tax policies focused on diet have encountered. In addition, they would also provide a more palatable solution for the taxpayer beneficiaries with a relatively low impact on government revenues. Viable tax incentives to encourage greater fitness include tax credits and sales tax breaks, …
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
Northwestern Journal of Law & Social Policy
Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …
Top Tens In 2011: Copyright And Trade Secret Cases, Stephen Mcjohn
Top Tens In 2011: Copyright And Trade Secret Cases, Stephen Mcjohn
Northwestern Journal of Technology and Intellectual Property
Professor Stephen McJohn discusses the most important Copyright and Trade Secret cases from 2011.
Top Tens In 2011: Patent And Trademark Cases, Stephen Mcjohn
Top Tens In 2011: Patent And Trademark Cases, Stephen Mcjohn
Northwestern Journal of Technology and Intellectual Property
Professor McJohn discusses the most important Patent and Trademark cases of the past year.
What Really Matters In Spectrum Allocation Design, Thomas W. Hazlett, Roberto E. Muñoz, Diego B. Avanzini
What Really Matters In Spectrum Allocation Design, Thomas W. Hazlett, Roberto E. Muñoz, Diego B. Avanzini
Northwestern Journal of Technology and Intellectual Property
Wireless license auctions have successfully replaced “beauty contests” in many countries. Competitive bidding (1) puts spectrum rights in the hands of the most productive firms; (2) reduces rent-seeking costs; and (3) captures license values for the public, potentially reducing costly tax distortions. Economists and policy makers have asymmetrically focused on (3). Yet, the overwhelming consumer welfare gains are produced in output (retail services) markets, not by extracting revenues from the sale of spectrum inputs. This fact leads to powerful policy implications, supporting liberal policies that permit market rivals to (quickly) access abundant bandwidth.
Claiming Nanotechnology: Improving Uspto Efforts At Classification Of Emerging Nano-Enabled Pharmaceutical Technologies, Jordan Paradise
Claiming Nanotechnology: Improving Uspto Efforts At Classification Of Emerging Nano-Enabled Pharmaceutical Technologies, Jordan Paradise
Northwestern Journal of Technology and Intellectual Property
A constant theme weaving through the history of science, technology, and medicine is that the law consistently lags behind innovation. By the time we understand the science and technology involved, there is already another more advanced and complex product in the pipeline or entering the market. One area where this is proving particularly acute is nanotechnology. Nanotechnology and nanoscience have facilitated breakthroughs in the pharmaceutical and medical device realms, enabling cutting-edge treatments. Not surprisingly, innovations at the intersection of nanotechnology and medicine have inundated the United States Patent and Trademark Office (USPTO) with patent applications.
The USPTO has implemented a …
Changing Tides In Music Licensing? Bmi V. Dmx And In Re Thp, Carly Olson
Changing Tides In Music Licensing? Bmi V. Dmx And In Re Thp, Carly Olson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Correcting Bayh-Dole's Inefficiencies For The Taxpayer, Michael Sweeney
Correcting Bayh-Dole's Inefficiencies For The Taxpayer, Michael Sweeney
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Virtual Inequality: Challenges For The Net's Lost Founding Value, Jonathon W. Penney
Virtual Inequality: Challenges For The Net's Lost Founding Value, Jonathon W. Penney
Northwestern Journal of Technology and Intellectual Property
Freedom, liberty, and autonomy were the initial ideals heralded by cyberspace’s first generation of thinkers, writers and citizens, by those who helped forge the Internet and the early technological and intellectual foundations of “cyberspace.” These ideas were, says Lawrence Lessig, the “founding values of the Net” and inspired an entire generation of scholarship focused on preserving the free and libertarian nature of the Internet’s culture and architecture. But what has anyone to say about equality? Few, if any, scholars today focus on equality as a similar Internet “founding value” that ought to be preserved—if it indeed ever existed—or promote it …
The Continuing Viability Of The Hot News Misappropriation Doctrine In The Age Of Internet News Aggregation, John C. Mcdonnell
The Continuing Viability Of The Hot News Misappropriation Doctrine In The Age Of Internet News Aggregation, John C. Mcdonnell
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Fantasyscotus: Crowdsourcing A Prediction Market For The Supreme Court, Josh Blackman, Adam Aft, Corey Carpenter
Fantasyscotus: Crowdsourcing A Prediction Market For The Supreme Court, Josh Blackman, Adam Aft, Corey Carpenter
Northwestern Journal of Technology and Intellectual Property
Every year the Supreme Court of the United States captivates the minds and curiosity of millions of Americans—yet the inner-workings of the Court are not fully transparent. The Court, without explanation, decides only the cases it wishes. They deliberate and assign authorship in private. The Justices hear oral arguments, and without notice, issue an opinion months later. They sometimes offer enigmatic clues during oral arguments through their questions. Between arguments and the day the Court issues an opinion, the outcome of a case is essentially a mystery. Sometimes the outcome falls along predictable lines; other times the outcome is a …
When Software We Buy Is Not Actually Ours: An Analysis Of Vernor V. Autodesk On The First Sale Doctrine And Essential Step Defense, Terence Leong
When Software We Buy Is Not Actually Ours: An Analysis Of Vernor V. Autodesk On The First Sale Doctrine And Essential Step Defense, Terence Leong
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Romeo And Juliet Online And In Trouble: Criminalizing Depictions Of Teen Sexuality (C U L8r: G2g 2 Jail), Dawn C. Nunziato
Romeo And Juliet Online And In Trouble: Criminalizing Depictions Of Teen Sexuality (C U L8r: G2g 2 Jail), Dawn C. Nunziato
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Summary Exhibits And The Confrontation Clause: Looking Beyond The Hearsay Rule For Evidentiary Implications Of Crawford's Progeny, Karim Basaria
Summary Exhibits And The Confrontation Clause: Looking Beyond The Hearsay Rule For Evidentiary Implications Of Crawford's Progeny, Karim Basaria
Journal of Criminal Law and Criminology
No abstract provided.
The Role Of Precedent In Defining Res Judicata In Investor–State Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra
The Role Of Precedent In Defining Res Judicata In Investor–State Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra
Northwestern Journal of International Law & Business
As international arbitration, and investment arbitration in particular, becomes more prevalent, the risks of doctrinal fragmentation also increase, in part driven by the disparate treatment of the doctrine of res judicata throughout most jurisdictions, and in the arbitration context. Notwithstanding the general consensus regarding the broad contours of res judicata and its firm position as a principle of international law, there is little agreement regarding how it is to be administered. These developments threaten to undermine the international arbitration system, wresting from it normative legitimacy. The U.S. common law version of res judicata, which is distinct from res judicata as …
After The Flood: The Legacy Of The “Surge” Of Federal Immigration Appeals, Stacy Caplow
After The Flood: The Legacy Of The “Surge” Of Federal Immigration Appeals, Stacy Caplow
Northwestern Journal of Law & Social Policy
For many years, the big news in the United States courts of appeal was the skyrocketing immigration caseload. For courts that traditionally had busy immigration dockets, the effect was tsunamic. One of those circuits, the Second, instituted a nonargument calendar that, over the past five years, has enabled the court to regain some control over its swollen docket. While this administrative strategy has rescued the court from drowning, the flow of cases continues, somewhat abated, but with enduring force. This so-called surge had unanticipated consequences extending far beyond court management changes. As a result of their increased exposure to immigration …