Open Access. Powered by Scholars. Published by Universities.®
Articles 61 - 90 of 166
Full-Text Articles in Law
Qualified Immunity's Boldest Lie, Joanna C. Schwartz
Qualified Immunity's Boldest Lie, Joanna C. Schwartz
University of Chicago Law Review
Qualified immunity shields government officials from damages liability—even if they have violated plaintiffs’ constitutional rights—so long as they have not violated “clearly established law.” The Supreme Court has explained that water-shed cases describing legal requirements—like Graham v. Connor and Tennessee v. Garner—are alone insufficient to clearly establish the law. Instead, the plaintiff must find prior cases applying Graham and Garner to cases with facts virtually identical to their own case, explaining that such factually analogous cases are necessary to put officers on notice of the illegality of their conduct. But do officers actually know about the facts and holdings of …
Organizational Rights In Times Of Crisis, Adam Chilton, Mila Versteeg
Organizational Rights In Times Of Crisis, Adam Chilton, Mila Versteeg
University of Chicago Law Review
As populist leaders gain power around the world, democratic governments retreat, and authoritarian states gain power in the international system,1 it is critical to find levers of resistance. Professors Adam Chilton and Mila Versteeg’s masterful volume, How Constitutional Rights Matter, offers a timely and provocative answer: let’s look to organizations as potential defenders of rights in challenging times.2 In a world in which human rights are widely understood as individual rights, it is high time to theorize about how organizations can help vindicate these individual protections.
The specific thesis Chilton and Versteeg promote is that “some rights, once …
Classaction.Gov, Amanda M. Rose
Classaction.Gov, Amanda M. Rose
University of Chicago Law Review
This Essay proposes the creation of a federally run class action website and supporting administration (collectively, Classaction.gov) that would both operate a comprehensive research database on class actions and assume many of the notice and claims-processing functions performed by class action claims administrators today. Classaction.gov would bring long-demanded transparency to class actions and, through forces of legitimization and coordination, would substantially increase the rate of consumer participation in class action settlements. It also holds the key to mitigating other problems in class action practice, such as the inefficiencies and potential abuses associated with multiforum litigation, the limited success of the …
The Corpus And The Critics, Thomas R. Lee, Stephen C. Mouritsen
The Corpus And The Critics, Thomas R. Lee, Stephen C. Mouritsen
University of Chicago Law Review
Most any approach to interpretation of the language of law begins with a search for ordinary meaning. Increasingly, judges, scholars, and practitioners are highlighting shortcomings in our means for assessing such meaning. With this in mind, we have proposed the use of the tools of corpus linguistics to take up the task. Our proposals have gained traction but have also seen significant pushback. The search for ordinary meaning poses a series of questions that are amenable to evaluation and analysis using evidence of language usage. And we have proposed to use the tools of corpus linguistics—tools for assessing patterns of …
The Missing Indian Affairs Clause, Lorianne Updike Toler
The Missing Indian Affairs Clause, Lorianne Updike Toler
University of Chicago Law Review
Congressional plenary power over Native Americans sits in direct conflict with tribal sovereignty. Scholarship and case law justifying plenary power run the gamut from finding an expansive preconstitutional federal plenary power over Native Americans to narrowly reading the Indian Commerce Clause to limit congressional power to trade alone. All claim historical legitimacy, but none has been able to explain why the Indian Affairs Clause from the Articles of Confederation failed to appear in the Constitution or, conversely, why the new federal government never limited itself to regulating Indian trade. The combination of the unexplained textual shrinkage and disharmony between text …
Why Judicial Independence Fails, Aziz Huq
Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan
Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan
Articles
No abstract provided.
Long Live The Federal Power Act’S Bright Line, Joshua Macey
Long Live The Federal Power Act’S Bright Line, Joshua Macey
Articles
No abstract provided.
Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case
Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case
Articles
No abstract provided.
The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg
The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg
Articles
No abstract provided.
New Empirical Tests For Classic Litigation Selection Models: Evidence From A Low Settlement Environment, Yun-Chien Chang, William H.J. Hubbard
New Empirical Tests For Classic Litigation Selection Models: Evidence From A Low Settlement Environment, Yun-Chien Chang, William H.J. Hubbard
Articles
No abstract provided.
Designing Supreme Court Term Limits, Adam Chilton, Daniel Epps, Kyle Rozema, Maya Sen
Designing Supreme Court Term Limits, Adam Chilton, Daniel Epps, Kyle Rozema, Maya Sen
Articles
Since the Founding, Supreme Court Justices have enjoyed life tenure. This helps insulate the Justices from political pressures, but it also results in unpredictable deaths and strategic retirements determining the timing of Court vacancies. In order to regularize the appointments process, a number of academics and policymakers have put forward detailed term-limits proposals. However, many of these proposals have been silent on several key design decisions, and there has been almost no empirical work assessing the impact that term limits would have on the composition of the Supreme Court.
This Article provides a framework for designing a complete term-limits proposal …
Congress's Commissioners, Brian Feinstein, M Henderson
Chevronizing Around Cost-Benefit Analysis, Jonathan Masur, Eric Posner
Chevronizing Around Cost-Benefit Analysis, Jonathan Masur, Eric Posner
Articles
No abstract provided.
Property Law For The Ages, Michael Pollack, Lior Strahilevitz
Property Law For The Ages, Michael Pollack, Lior Strahilevitz
Articles
No abstract provided.
Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein
Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein
Articles
No abstract provided.
Rethinking Nudge: An Information-Costs Theory Of Default Rules, Oren Bar-Gill, Omri Ben-Shahar
Rethinking Nudge: An Information-Costs Theory Of Default Rules, Oren Bar-Gill, Omri Ben-Shahar
Articles
Policy makers and scholars—both lawyers and economists—have long pondered the optimal design of default rules. From the classic works on “mimicking” defaults for contracts and corporations to the modern rush to set “sticky” default rules to promote policies as diverse as organ donation, retirement savings, consumer protection, and data privacy, the optimal design of default rules has featured as a central regulatory challenge. The key element driving the design is opt-out costs— how to minimize them, or, alternatively, how to raise them to make the default sticky. Much of the literature has focused on “mechanical” opt-out costs—the effort people incur …
United Nations Endorsement And Support For Human Rights: An Experiment On Women's Rights In Pakistan., Adam Chilton, Gulnaz Anjum, Zahid Usman
United Nations Endorsement And Support For Human Rights: An Experiment On Women's Rights In Pakistan., Adam Chilton, Gulnaz Anjum, Zahid Usman
Articles
No abstract provided.
Discovering Racial Discrimination By The Police, Alison Siegler
Discovering Racial Discrimination By The Police, Alison Siegler
Articles
No abstract provided.
Remixing Resources, Lee Fennell
Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude
Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude
Articles
No abstract provided.
Democracy As Failure, Aziz Z. Huq
The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse
The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse
Articles
No abstract provided.
Taxing Buybacks, Daniel Daniel, Gregg Polsky
The Foreign Tax Credit Implications Of Reallocating The Income Of "Digital" Taxpayers, Julie Roin
The Foreign Tax Credit Implications Of Reallocating The Income Of "Digital" Taxpayers, Julie Roin
Articles
No abstract provided.
Sex And The Constitution: Some Additional Views Of The Cathedral, Mary Anne Case
Sex And The Constitution: Some Additional Views Of The Cathedral, Mary Anne Case
Articles
No abstract provided.
Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony Casey, Joshua Macey
Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony Casey, Joshua Macey
Articles
No abstract provided.
Valuation Blunders In The Law Of Eminent Domain, Richard Epstein
Valuation Blunders In The Law Of Eminent Domain, Richard Epstein
Articles
No abstract provided.
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams
Articles
No abstract provided.
Limiting The Pardon Power, Albert W. Alschuler
Limiting The Pardon Power, Albert W. Alschuler
Articles
Although our government is said to be one of checks and balances, the president’s power “to grant Reprieves and Pardons for Offenses against the United States” appears to be unlimited. In granting this power, the Framers deliberately cast structural safeguards aside. Nevertheless, the presidency of Donald Trump prompted a search for limits. This Article examines: (1) whether a president may pardon crimes that have not yet happened (or announce his intention to do so); (2) whether he may pardon himself; (3) whether he may use pardons to obstruct justice or commit other crimes; (4) whether criminal statutes should be construed …