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Articles 991 - 1020 of 8932

Full-Text Articles in Law

Creating A Self-Stabilizing Constitution: The Role Of The Takings Clause, Tonja Jacobi, Sonia Mittal, Barry R. Weingast Apr 2015

Creating A Self-Stabilizing Constitution: The Role Of The Takings Clause, Tonja Jacobi, Sonia Mittal, Barry R. Weingast

Northwestern University Law Review

The U.S. Constitution has survived for over two centuries, despite the Civil War and numerous other crises. In contrast, most national constitutions last less than two decades. Why has the Constitution sustained a largely stable democratic system while so many others have failed? A self-stabilizing constitution creates incentives for all relevant actors to abide by the rules. Drawing on earlier work, we argue that, to be self- stabilizing, a constitution must (1) lower stakes in politics for both ordinary citizens and powerful elite groups; (2) create focal points that facilitate citizen coordination against transgressions by government officials; and (3) enable …


The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley Apr 2015

The Intratextual Independent “Legislature” And The Elections Clause, Michael T. Morley

Northwestern University Law Review

Many states have delegated substantial authority to regulate federal elections to entities other than their institutional legislatures, such as independent redistricting commissions empowered to determine the boundaries of congressional districts. Article I’s Elections Clause and Article II’s Presidential Electors Clause, however, confer authority to regulate federal elections specifically upon State “legislatures,” rather than granting it to States as a whole. An intratextual analysis of the Constitution reveals that the term “legislature” is best understood as referring solely to the entity within each state comprised of representatives that has the general authority to pass laws. Thus, state constitutional provisions or laws …


The Politics Of The Takings Clauses, Mila Versteeg Apr 2015

The Politics Of The Takings Clauses, Mila Versteeg

Northwestern University Law Review

A long-standing consensus exists that the arbitrary or excessive expropriation of private property by a country hurts its economic growth. Although constitutions can play an important role in protecting private property, remarkably little is known about how they actually restrict the power of eminent domain and whether such restrictions are associated with reduced de facto expropriation risks. This Essay fills that gap by presenting original data on the procedural and substantive protections in constitutional takings clauses from 1946 to 2013. Its main finding is that no observable relationship exists between de jure constitutional restrictions on the power of eminent domain …


An Appeal To Common Sense: Why "Unappealable" District Court Decisions Should Be Subject To Appellate Review, Matthew D. Heins Apr 2015

An Appeal To Common Sense: Why "Unappealable" District Court Decisions Should Be Subject To Appellate Review, Matthew D. Heins

Northwestern University Law Review

28 U.S.C. § 1291 vests jurisdiction in the United States Circuit Courts of Appeal to hear “appeals from all final decisions of the district courts of the United States.” Various circuit courts have, however, determined that they may only hear appeals of final “judicial” decisions, and that they do not have jurisdiction to hear appeals from final decisions of United States district courts if those decisions are “administrative.” Circuit courts have been loath to explicitly define the dividing line between the two classes of case, and have frequently invoked the potential availability of mandamus review as a means of placating …


Easier Easements: A New Path For Conservation Easement Deduction Valuation, Nicholas Carson Apr 2015

Easier Easements: A New Path For Conservation Easement Deduction Valuation, Nicholas Carson

Northwestern University Law Review

Conservation easements, a valuable tool in the conservationist’s toolbox, have grown increasingly popular since the 1980s, when Congress introduced changes to the federal tax code making easement donations more financially attractive. And with deductions reaching hundreds of thousands, or even millions, of dollars, conservation easement deductions are big business. However, expanded incentives and loosened regulations invite abuse, especially when the tax implications are large and donated easements are hard to value. Valuation of real estate remains an inexact science, dependent on inconsistent appraisal methods and subjectivity. Conservation easements can be even more difficult to value than other easements because, by …


What’S Law Got To Do With It? Confronting Judicial Nullification Of Domestic Violence Remedies, Debra Pogrund Stark Mar 2015

What’S Law Got To Do With It? Confronting Judicial Nullification Of Domestic Violence Remedies, Debra Pogrund Stark

Northwestern Journal of Law & Social Policy

No abstract provided.


Due Process And Legislation Designed To Restrict The Rights Of Rapist Fathers, Rachael Kessler Mar 2015

Due Process And Legislation Designed To Restrict The Rights Of Rapist Fathers, Rachael Kessler

Northwestern Journal of Law & Social Policy

No abstract provided.


Mandatory Corporate Social Responsibility As A Vehicle For Reducing Inequality: An Indian Solution For Piketty And The Millennials, Sandeep Gopalan, Akshaya Kamalnath Mar 2015

Mandatory Corporate Social Responsibility As A Vehicle For Reducing Inequality: An Indian Solution For Piketty And The Millennials, Sandeep Gopalan, Akshaya Kamalnath

Northwestern Journal of Law & Social Policy

No abstract provided.


The Right Of A Minor To Independent Status - Three Models, Yitshak Cohen Mar 2015

The Right Of A Minor To Independent Status - Three Models, Yitshak Cohen

Northwestern Journal of Law & Social Policy

This article examines a minor’s right to independent status in matters of family law, the importance and benefits of that right, the interests it competes with, and possible approaches for the future. The right of a minor to independent status was initially intended to resolve a concern that parents, while undergoing divorce proceedings and focused on their own interests, might compromise the interests of their children. I argue that this concern has developed into a legal presumption that parents compromise the interest of minors in divorce proceedings. However, this presumption contradicts the assumption, fundamental to every legal system, that parents …


Toward A Uniform Standard Of Decency: Connecticut’S Prospective Capital Punishment Repeal And The Eighth Amendment, Suchitra Paul Mar 2015

Toward A Uniform Standard Of Decency: Connecticut’S Prospective Capital Punishment Repeal And The Eighth Amendment, Suchitra Paul

Northwestern Journal of Law & Social Policy

No abstract provided.


Silence Of The Lambs: Giving Voice To The Problem Of Rape And Sexual Assault In The United States Armed Forces, Alexandra Lohman Mar 2015

Silence Of The Lambs: Giving Voice To The Problem Of Rape And Sexual Assault In The United States Armed Forces, Alexandra Lohman

Northwestern Journal of Law & Social Policy

No abstract provided.


The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan Mar 2015

The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan

Northwestern University Law Review

Voters increasingly view their consumer activities, not their campaign contributions, as the most meaningful way to participate in politics. In 2014, after it became public that Mozilla’s CEO, Brendan Eich, had made a controversial political donation in a state ballot proposition, consumer pressure led to his resignation. Eich’s downfall and the politicization of retail markets means that business leaders are unlikely to respond to McCutcheon v. FEC by embracing transparency with their campaign donations, and also suggests that campaign finance deregulation is causing hydraulic effects that the Supreme Court has failed to anticipate. This Essay explores what “economic reprisal” means …


Digging Up The Corp(Ses): Holston Investments V. Lanlogistics Corp. And The Continuing Struggle To Determine The Citizenship Of Dissolved And Inactive Corporations For The Purposes Of Diversity Jurisdiction, Nicholas W. Roosevelt Mar 2015

Digging Up The Corp(Ses): Holston Investments V. Lanlogistics Corp. And The Continuing Struggle To Determine The Citizenship Of Dissolved And Inactive Corporations For The Purposes Of Diversity Jurisdiction, Nicholas W. Roosevelt

Northwestern University Law Review

Since the early 1990s, the U.S. Circuit Courts of Appeals have been divided on how to determine the citizenship of dissolved or inactive corporations for the purposes of diversity jurisdiction. By the beginning of the twenty-first century, courts of appeals addressing the issue had settled on one of three conclusions: (1) citizenship should be determined only by the corporation’s state of incorporation; (2) citizenship should be determined both by the corporation’s state of incorporation and its last principal place of business; or (3) citizenship should always be determined by the corporation’s state of incorporation, but only be determined by principal …


What's At Stake?: Bluman V. Federal Election Commission And The Incompatibility Of The Stake-Based Immigration Plenary Power And Freedom Of Speech, Alyssa Markenson Mar 2015

What's At Stake?: Bluman V. Federal Election Commission And The Incompatibility Of The Stake-Based Immigration Plenary Power And Freedom Of Speech, Alyssa Markenson

Northwestern University Law Review

Section 441e of the U.S. Code prohibits “foreign nationals”—all noncitizens except lawful permanent residents—from making any contribution or expenditure in any federal, state, or local election. In Bluman v. Federal Election Commission, the Supreme Court summarily affirmed a three-judge district court’s decision to uphold the law based on the government’s compelling interest in preventing foreign influence over U.S. elections. Notably, Bluman’s holding was animated by its reasoning that the extent of First Amendment protection should be directly tied to the aliens’ stake in American society—a reflection of the Supreme Court’s jurisprudence since the middle of the twentieth century that seeks …


Toward A "Digital Transfer Doctrine"? The First Sale Doctrine In The Digital Era, Sarah Reis Mar 2015

Toward A "Digital Transfer Doctrine"? The First Sale Doctrine In The Digital Era, Sarah Reis

Northwestern University Law Review

The first sale doctrine in copyright law allows a person who owns a copy of a copyrighted work to sell, lend, or give away the copy to someone else. An owner of a copy of a copyrighted work can take advantage of the first sale doctrine, but a licensee cannot. In today’s digital environment, people are increasingly purchasing digital music files and e-books instead of CDs and physical books. Customers often mistakenly believe they become owners of the digital content they purchase when in actuality they merely become licensees most of the time. Licensing agreements impose use restrictions on digital …


When Rules Are Made To Be Broken, Zev J. Eigen, David S. Sherwyn, Nicholas F. Menillo Mar 2015

When Rules Are Made To Be Broken, Zev J. Eigen, David S. Sherwyn, Nicholas F. Menillo

Northwestern University Law Review

When do judges follow rules expected to produce unjust results, and when do they intentionally misapply such rules to avoid injustice? Judicial rule-breaking is commonly observed when national dignity and morality are at stake, such as abolitionist judges charged with applying federal fugitive slave laws, or when lives hang in the balance, such as applications of criminal sentencing rules. Much less is understood about judicial rule-breaking in quotidian civil litigation, in spite of the sizeable impact on litigants and potential litigants, as well as the frequency with which judges face such decisions. This Article is the first to theoretically assess …


Cases, Controversies, And Diversity, F. Andrew Hessick Mar 2015

Cases, Controversies, And Diversity, F. Andrew Hessick

Northwestern University Law Review

Article III’s diversity jurisdiction provisions extend the federal judicial power to state law controversies between different states or nations and their respective citizens. When exercising diversity jurisdiction, the federal judiciary does not function in its usual role of protecting federal interests or ensuring the uniformity of federal law. Instead, federal courts operate as alternative state courts for resolving disputes between diverse parties. But federal courts often cannot act as alternative state courts because of Article III justiciability doctrines such as standing, ripeness, and mootness. These doctrines define when a federal court may act. But they do not apply to state …


(Un)Equal Protection: Why Gender Equality Depends On Discrimination, Keith Cunningham-Parmeter Mar 2015

(Un)Equal Protection: Why Gender Equality Depends On Discrimination, Keith Cunningham-Parmeter

Northwestern University Law Review

Most accounts of the Supreme Court’s equal protection jurisprudence describe the Court’s firm opposition to sex discrimination. But while the Court famously invalidated several sex-based laws at the end of the twentieth century, it also issued many other, less-celebrated decisions that sanctioned sex-specific classifications in some circumstances. Examining these long-ignored cases that approved of sex discrimination, this Article explains how the Court’s rulings in this area have often rejected the principle of formal equality in favor of broader antisubordination concerns. Outlining a new model of equal protection that authorizes certain forms of sex discrimination, (Un)Equal Protection advocates for one particular …


The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman Feb 2015

The #Ferguson Effect: Opening The Pandora’S Box Of Implicit Racial Bias In Jury Selection, Sarah Jane Forman

NULR Online

No abstract provided.


Race Matters In Jury Selection, Peter A. Joy Feb 2015

Race Matters In Jury Selection, Peter A. Joy

NULR Online

No abstract provided.


Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer Feb 2015

Hidden Racial Bias: Why We Need To Talk With Jurors About Ferguson, Patrick C. Brayer

NULR Online

No abstract provided.


Rethinking The Order Of Battle In Constitutional Torts: A Reply To John Jeffries, Nancy Leong Jan 2015

Rethinking The Order Of Battle In Constitutional Torts: A Reply To John Jeffries, Nancy Leong

Northwestern University Law Review

No abstract provided.


The Demise Of "Drive-By Jurisdictional Rulings", Howard M. Wasserman Jan 2015

The Demise Of "Drive-By Jurisdictional Rulings", Howard M. Wasserman

Northwestern University Law Review

No abstract provided.


Tax Accrual Workpapers And Textron: Is Litigation Strategy No Longer Protected?, Lindsey Sullivan Jan 2015

Tax Accrual Workpapers And Textron: Is Litigation Strategy No Longer Protected?, Lindsey Sullivan

Northwestern University Law Review

No abstract provided.


A Foucauldian Call For The Archaeological Excavation Of Discourse In The Post-Boumediene Habeas Litigation, Jonathan David Shaub Jan 2015

A Foucauldian Call For The Archaeological Excavation Of Discourse In The Post-Boumediene Habeas Litigation, Jonathan David Shaub

Northwestern University Law Review

No abstract provided.


Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner Jan 2015

Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner

Northwestern University Law Review

No abstract provided.


Revisiting Law School Mismatch: A Comment On Barnes (2007, 2011), Doug Williams, Richard Sander, Marc Luppino, Roger Bolus Jan 2015

Revisiting Law School Mismatch: A Comment On Barnes (2007, 2011), Doug Williams, Richard Sander, Marc Luppino, Roger Bolus

Northwestern University Law Review

No abstract provided.


Is Affirmative Action Responsible For The Achievement Gap Between Black And White Law Students? A Correction, A Lesson, And An Update, Katherine Y. Barnes Jan 2015

Is Affirmative Action Responsible For The Achievement Gap Between Black And White Law Students? A Correction, A Lesson, And An Update, Katherine Y. Barnes

Northwestern University Law Review

No abstract provided.


Party Polarization And Congressional Committee Consideration Of Constitutional Questions, Neal Devins Jan 2015

Party Polarization And Congressional Committee Consideration Of Constitutional Questions, Neal Devins

Northwestern University Law Review

No abstract provided.


The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley Jan 2015

The New Old Legal Realism, Tracey E. George, Mitu Gulati, Ann C. Mcginley

Northwestern University Law Review

No abstract provided.