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Articles 1 - 30 of 34
Full-Text Articles in Law
Uncertainty As A Basis For Standing, Daniel A. Farber
Uncertainty As A Basis For Standing, Daniel A. Farber
Daniel A Farber
No abstract provided.
Why (And How) Fairness Matters At The Ip/Antitrust Interface, Daniel A. Farber, Brett Mcdonnell
Why (And How) Fairness Matters At The Ip/Antitrust Interface, Daniel A. Farber, Brett Mcdonnell
Daniel A Farber
This Article questions the widespread scholarly view that maximizing economic efficiency should be the sole goal of the intellectual property and antitrust laws. We propose that the law should also encourage a fair division of the economic surplus, at least by considering it as a tiebreaker when the dictates of economic efficiency are ambiguous or controversial. We begin by surveying some challenges that have been made to the theoretical underpinnings of exclusive reliance on economic efficiency, but go on to argue that, even on the terms of welfarism, some regard for distributive fairness is appropriate. First, since fairness is a …
State Regulation And The Dormant Commerce Clause, Daniel A. Farber
State Regulation And The Dormant Commerce Clause, Daniel A. Farber
Daniel A Farber
No abstract provided.
Tort Law In The Era Of Climate Change, Katrina, And 9/11: Exploring Liability For Extraordinary Risks, Daniel A. Farber
Tort Law In The Era Of Climate Change, Katrina, And 9/11: Exploring Liability For Extraordinary Risks, Daniel A. Farber
Daniel A Farber
No abstract provided.
Sustainable Consumption And Communities: Bringing The American Way Of Life Into The Twenty-First Century, Daniel Farber
Sustainable Consumption And Communities: Bringing The American Way Of Life Into The Twenty-First Century, Daniel Farber
Daniel A Farber
No abstract provided.
Saving Overton Park: A Comment On Environmental Values, Daniel A. Farber
Saving Overton Park: A Comment On Environmental Values, Daniel A. Farber
Daniel A Farber
No abstract provided.
Supreme Court Selection And Measures Of Past Judicial Performance, Daniel A. Farber
Supreme Court Selection And Measures Of Past Judicial Performance, Daniel A. Farber
Daniel A Farber
No abstract provided.
The Jurisprudential Cab Ride: A Socratic Dialogue, Daniel A. Farber
The Jurisprudential Cab Ride: A Socratic Dialogue, Daniel A. Farber
Daniel A Farber
No abstract provided.
Rethinking Regulatory Reform After American Trucking, Daniel A. Farber
Rethinking Regulatory Reform After American Trucking, Daniel A. Farber
Daniel A Farber
No abstract provided.
Standing On Hot Air: American Electric Power And The Bankruptcy Of Standing Doctrine, Daniel A. Farber
Standing On Hot Air: American Electric Power And The Bankruptcy Of Standing Doctrine, Daniel A. Farber
Daniel A Farber
No abstract provided.
The Outmoded Debate Over Affirmative Action, Daniel A. Farber
The Outmoded Debate Over Affirmative Action, Daniel A. Farber
Daniel A Farber
Looks at affirmative action programs in universities and schools in the U.S. in the context of the Critical Race Theory. Discussion of the concept of reverse discrimination; History of Critical Race Theory; Rights and protection of minority students.
Probabilities Behaving Badly: Complexity Theory And Environmental Uncertainty, Daniel A. Farber
Probabilities Behaving Badly: Complexity Theory And Environmental Uncertainty, Daniel A. Farber
Daniel A Farber
No abstract provided.
Taking Costs Into Account: Mapping The Boundaries Of Judicial And Agency Discretion, Daniel A. Farber
Taking Costs Into Account: Mapping The Boundaries Of Judicial And Agency Discretion, Daniel A. Farber
Daniel A Farber
The Supreme Court's recent decision in Michigan v. EPA is only one if a long line if cases struggling with the same problem: when can-or must-a decision-maker consider costs? Agencies face the problem in rulemahing; courts face it in statutory injunctions. The law has developed independently in these two contexts, and cases are marked by heated judicial disagreement. Yet a deeper analysis reveals that, to a surprising extent, the same principles govern the legal relevance of costs in both areas. The areas dijftr, however, in terms if how to consider legally relevant costs: courts must use a balancing test for …
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
Daniel A Farber
No abstract provided.
Restoring Public Trust In The Public Lands: An Agenda For The New Administration, Eric Biber, Holly Doremus, Dan Farber, Rick Frank
Restoring Public Trust In The Public Lands: An Agenda For The New Administration, Eric Biber, Holly Doremus, Dan Farber, Rick Frank
Daniel A Farber
No abstract provided.
The Fourteenth Amendment And The Unconstitutionality Of Secession, Daniel A. Farber
The Fourteenth Amendment And The Unconstitutionality Of Secession, Daniel A. Farber
Daniel A Farber
To understand fully the relevance of the first two clauses of the Fourteenth Amendment to secession, we need to examine the antebellum disputes about citizenship and sovereignty, the subject of Part II below. Issues about citizenship arose in the context of specific disputes about naturalization, expatriation, and the rights of freedmen, but they implicated conflicts over the seat of allegiance and the nature of the Union. Part III turns to the Reconstruction debates and shows how they reflect a fundamentally nationalistic view of citizenship. The Reconstruction Amendments to the Constitution were connected with a powerful vision of national citizenship and …
Did Roe V. Wade Pass The Arbitrary And Capricious Test, Daniel A. Farber
Did Roe V. Wade Pass The Arbitrary And Capricious Test, Daniel A. Farber
Daniel A Farber
No abstract provided.
Hermeneutic Tourist: Statutory Interpretation In Comparative Perspective, Daniel A. Farber
Hermeneutic Tourist: Statutory Interpretation In Comparative Perspective, Daniel A. Farber
Daniel A Farber
No abstract provided.
Disarmed By Time: The Second Amendment And The Failure Of Originalism, Daniel A. Farber
Disarmed By Time: The Second Amendment And The Failure Of Originalism, Daniel A. Farber
Daniel A Farber
No abstract provided.
Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber
Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber
Daniel A Farber
No abstract provided.
Environmental Protection As A Learning Experience, Daniel A. Farber
Environmental Protection As A Learning Experience, Daniel A. Farber
Daniel A Farber
No abstract provided.
Historical Versus Iconic Meaning: The Declaration, The Constitution, And The Interpreter's Dilemma, Daniel Farber
Historical Versus Iconic Meaning: The Declaration, The Constitution, And The Interpreter's Dilemma, Daniel Farber
Daniel A Farber
The Declaration of Independence is one of the paradigm texts of American history. It was originally written for a time-specific purpose. But it also has spoken td a broader audience across time, as an icon representing American ideals. After describing how the Declaration has been given both historical and iconic meaning by judges, presidents, and public figures, this Article considers the relevance of these two forms of meaning to current debates over constitutional interpretation. Originalists generally privilege the historical meaning of texts. Yet originalist Justices on the Supreme Court have acknowledged that iconic meaning also exists and can sometimes be …
Introduction: Practical Reason And The Scholarship Of Philip P. Frickey, Daniel A. Farber
Introduction: Practical Reason And The Scholarship Of Philip P. Frickey, Daniel A. Farber
Daniel A Farber
The article profiles Philip P. Frickey, a former law professor at the University of California, Berkeley. It says that Frickey graduated from the University of Kansas in 1975 and from the University of Michigan Law School in 1978. It states that he practiced law in Washington, D.C. for a few years before joining the faculty of the University of Minnesota Law School, where he taught for seventeen years. It reveals that professor Frickey joined the Berkeley Law staff in 2000.
Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry
Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
Conventional concepts of merit are under attack by some Critical Legal Scholars, Critical Race Theorists, and radical feminists. These critics contend that "merit" is only a social construct designed to maintain the power of dominant groups. This Article challenges the reductionist view that merit has no meaning except as a tool for those in power to perpetuate the existing social order. The authors observe that certain traditionally oppressed groups, most notably Jews and Asian Americans, are disproportionately represented in some desirable economic and educational positions. They have in that sense "succeeded" beyond the supposedly dominant majority. The economic and educational …
Preventing Policy Default: Fallbacks And Fail-Safes In The Modern Administrative State, Daniel A. Farber
Preventing Policy Default: Fallbacks And Fail-Safes In The Modern Administrative State, Daniel A. Farber
Daniel A Farber
Benjamin Ewing and Douglas Kysar's article, Prods and Pleas, discusses one beniftt of the fragmented American governance system: the opportunity for institutions to influence the agendas of other, more poweiful institutions. The authors illustrate this point with an extensive discussion if the potential for common law nuisance cases to direct congressional attention to the issue of climate change. Their general point is well taken, but they focus too heavily on the common law rather than the more important judicial role in public law, and they mention only in passing the role if states as independent policy centers. Furthermore, besides nudging …
Introduction: The Role Of Lawyers In A Disaster-Prone World, Daniel A. Farber
Introduction: The Role Of Lawyers In A Disaster-Prone World, Daniel A. Farber
Daniel A Farber
No abstract provided.
Is Carolene Products Dead--Reflections On Affirmative Action And The Dynamics Of Civil Rights Legislation, Daniel A. Farber, Philip P. Frickey
Is Carolene Products Dead--Reflections On Affirmative Action And The Dynamics Of Civil Rights Legislation, Daniel A. Farber, Philip P. Frickey
Daniel A Farber
No abstract provided.
Back To The Future? Legal Scholarship In The Progressive Era And Today, Daniel A. Farber
Back To The Future? Legal Scholarship In The Progressive Era And Today, Daniel A. Farber
Daniel A Farber
No abstract provided.
Climate Justice, Daniel A. Farber
Climate Justice, Daniel A. Farber
Daniel A Farber
Eric Posner and David Weisbach take the threat of climate change seriously. Their book Climate Change Justice offers policy prescriptions that deserve serious attention. While the authors adopt the framework of conventional welfare economics, they show a willingness to engage with noneconomic perspectives, which softens their conclusions. Although they are right to see a risk that overly aggressive ethical claims could derail international agreement on restricting greenhouse gases, their analysis makes climate justice too marginal to climate policy. The developed world does have a special responsibility for the current climate problem, and we should be willing both to agree to …
Backward-Looking Laws And Equal Protection: The Case Of Black Reparations, Daniel A. Farber
Backward-Looking Laws And Equal Protection: The Case Of Black Reparations, Daniel A. Farber
Daniel A Farber
No abstract provided.