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Articles 31 - 60 of 292
Full-Text Articles in Law
Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky
Collaboration With Doctrinal Faculty To Introduce Creac, Beth Hirschfelder Wilensky
Articles
When legal writing professors introduce CREAC (or IRAC, TREAT, etc.), our examples necessarily use some area of substantive law to demonstrate how the pieces of legal analysis fit together. And when we ask students to try drafting a CREAC analysis, they also have to learn the relevant substantive law first. Students might be asked to analyze whether a worker is an employee or independent contractor or whether the elements of a tort claim are satisfied. But that means that students need to learn the relevant substantive doctrine while they are also grappling with the basics of CREAC. In the language …
When Law Calls, Does Science Answer? A Survey Of Distinguished Scientists & Engineers, Shari Seidman Diamond, Richard O. Lempert
When Law Calls, Does Science Answer? A Survey Of Distinguished Scientists & Engineers, Shari Seidman Diamond, Richard O. Lempert
Articles
Sound legal decision-making frequently requires the assistance of scientists and engineers. The survey we conducted with the cooperation of the American Academy examines the views of the legal system held by some of the nation’s most distinguished scientists and engineers, what motivates them to participate or to refuse to assist in lawsuits when asked, and their assessment of their experiences when they do participate. The survey reveals that a majority of the responding scientists and engineers will agree to participate when asked, and when they turn down requests, the most common reasons are lack of time and absence of relevant …
Antitrust's Unconventional Politics, Daniel A. Crane
Antitrust's Unconventional Politics, Daniel A. Crane
Articles
Antitrust law stands at its most fluid and negotiable moment in a generation. The bipartisan consensus that antitrust should solely focus on economic efficiency and consumer welfare has quite suddenly come under attack from prominent voices calling for a dramatically enhanced role for antitrust law in mediating a variety of social, economic, and political friction points, including employment, wealth inequality, data privacy and security, and democratic values. To the bewilderment of many observers, the ascendant pressures for antitrust reforms are flowing from both wings of the political spectrum, throwing into confusion a conventional understanding that pro-antitrust sentiment tacked left and …
Limiting State Flexibility In Drug Pricing, Nicholas Bagley, Rachel E. Sachs
Limiting State Flexibility In Drug Pricing, Nicholas Bagley, Rachel E. Sachs
Articles
Throughout the United States, escalating drug prices are putting immense pressure on state budgets. Several states are looking for ways to push back. Last year, Massachusetts asked the Trump administration for a waiver that would, among other things, allow its Medicaid program to decline to cover costly drugs for which there is limited or inadequate evidence of clinical efficacy. By credibly threatening to exclude such drugs from coverage, Massachusetts hoped to extract price concessions and constrain the fastest-growing part of its Medicaid budget.
Beps, Atap, And The New Tax Dialogue: "A Transatlantic Competition?", Reuven Avi-Yonah, Gianluca Mazzoni
Beps, Atap, And The New Tax Dialogue: "A Transatlantic Competition?", Reuven Avi-Yonah, Gianluca Mazzoni
Articles
Since its launch in 2013, the US actively participated in all aspects of the BEPS project. However, until recently, the general view was that following the conclusion of the BEPS negotiations and the change of Administration the US is stepping back from the BEPS process. While the EU was charging ahead with implementing BEPS through the Anti-Tax Avoidance Directive (ATAD), the US stated that it was already in compliance with all BEPS minimum standards and therefore other than Country-by-Country Reporting (CbCR) it had no further BEPS obligations. The US decided not to sign the Multilateral Instrument (MLI) to implement BEPS …
Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely
Tenth Anniversary Of The University Of Idaho's Native Law Program, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Regulatory Enforcement Under New York's Martin Act: From Financial Fraud To Global Warming, Richard A. Epstein
Regulatory Enforcement Under New York's Martin Act: From Financial Fraud To Global Warming, Richard A. Epstein
Articles
No abstract provided.
Welcome From The Chair Of The Indian Law Section, Dylan R. Hedden-Nicely
Welcome From The Chair Of The Indian Law Section, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Shot Selection, Patrick Barry
Shot Selection, Patrick Barry
Articles
One of the more common pieces of writing advice in our post-Hemingway world is to keep sentences short. Experts on legal writing are particularly fond of this Position — and for good reason. Few judges look at the sentences that appear in briefs, memos, statutes, and contracts and say, "You know what each of those could use? More words." Professor Noah Messing does a particularly good job making the case for short sentences. Brevity, he explains, "reduces the risk that your writing will confuse or irk readers," especially given that "empirical studies show that writing verbosely makes writers sound dumber …
The Rule Of Three, Patrick Barry
The Rule Of Three, Patrick Barry
Articles
Judges use the Rule of Three. Practitioners use the Rule of Three. And so do all manner of legal academics. Yet although many people seem to have an intuitive feel for how useful this rhetorical move is, no extended explanation of its mechanics and variety of forms exists. This essay offers that explanation. It begins with an introduction to the more straightforward form of the rule of three, which simply involves arranging information not in twos or fours or any other set of numbers-but rather in the trusty, melodic structure of threes. It then moves on to a closer look …
Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Jason G. Dykstra, Tenielle Fordyce-Ruff
Legal Citation Part Iii: Using Citation To Convey Textual Meaning, Jason G. Dykstra, Tenielle Fordyce-Ruff
Articles
No abstract provided.
Essential Questions: What To Ask About The Bar Exam, Patricia D. White
Essential Questions: What To Ask About The Bar Exam, Patricia D. White
Articles
No abstract provided.
The Persistence Of The Probabilistic Perspective, Richard D. Friedman
The Persistence Of The Probabilistic Perspective, Richard D. Friedman
Articles
The publication now of an essay written by Craig Callen nearly a decade ago is cause for wistful celebration. Even while we are reminded how suddenly and prematurely Craig’s life ended, it is good to have one more academic contribution from him, especially because it is marked by the erudition, thoroughness, gentleness, and humor that characterized him.
Presidential Obstruction Of Justice, Daniel Hemel, Eric A. Posner
Presidential Obstruction Of Justice, Daniel Hemel, Eric A. Posner
Articles
No abstract provided.
Sites Of Storytelling: Supreme Court Confirmation Hearings, Patrick Barry
Sites Of Storytelling: Supreme Court Confirmation Hearings, Patrick Barry
Articles
Supreme Court confirmation hearings have an interesting biographical feature: before nominees even say a word, many words are said about them. This feature— which has been on prominent display in the confirmation hearings of Judge Brett Kavanaugh—is a product of how each senator on the confirmation committee is allowed to make an opening statement. Some of these statements are, as Robert Bork remembers from his own confirmation hearing, “lavish in their praise,” some are “lavish in their denunciations,” and some are “lavish in their equivocations.”1 The result is a disorienting kind of biography by committee, one which produces not one …
Alliteration, Restraint, And A Mind At Work, Patrick Barry
Alliteration, Restraint, And A Mind At Work, Patrick Barry
Articles
Alliteration is great—until it’s not. You can pretty quickly overdo it, though I don’t think any major professional sports franchise has yet. The Boston Bruins, the Seattle Seahawks, the Cleveland Cavaliers: these names all have a nice ring to them. As do countless others, from the Washington Wizards to the Tennessee Titans to the Buffalo Bills. The sounds run quickly off your tongue and not unpleasantly into the air. They’re not irritating or obnoxious—unless maybe you’re a fan of the opposing team.
Show And Tell, Patrick Barry
Show And Tell, Patrick Barry
Articles
“Show don’t tell.” Teachers preach these words. Style guides endorse them. And you’d be hard pressed to find any editor or law firm partner who hasn’t offered them as feedback in the last year, month, week, maybe even day. There’s only one problem: “Show don’t tell” is bad advice. Or at least, it is incomplete advice.
Paragraphing, Patrick Barry
Paragraphing, Patrick Barry
Articles
Consider treating the word paragraph as a verb. Think of it as something you can do well or poorly, with major consequences for your readers. Good paragraphers, for example, help readers. They make it easy to navigate and absorb information. They don’t flit around, hastily moving on to the next point before fully supporting their first. Nor do they get stuck for too long in one place. Instead, they give a lot of thought not just to the ideas but also to their arrangement—their shape, their balance, their pace.
Drug Approval In A Learning Health System, W. Nicholson Price
Drug Approval In A Learning Health System, W. Nicholson Price
Articles
The current system of FDA approval seems to make few happy. Some argue FDA approves drugs too slowly; others too quickly. Many agree that FDA—and the health system generally—should gather information after drugs are approved to learn how well they work and how safe they are. This is hard to do. FDA has its own surveillance systems, but those systems face substantial limitations in practical use. Drug companies can also conduct their own studies, but have little incentive to do so, and often fail to fulfil study commitments made to FDA. Proposals to improve this dynamic often suggest gathering more …
Quantum Economics, Newtonian Economics, And Law, William Hubbard
Quantum Economics, Newtonian Economics, And Law, William Hubbard
Articles
No abstract provided.
National Security, National Origin, And The Constitution: 75 Years After Eo9066, Geoffrey R. Stone
National Security, National Origin, And The Constitution: 75 Years After Eo9066, Geoffrey R. Stone
Articles
No abstract provided.
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels
An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels
Articles
Increasingly, an individual or a couple raising a newborn child may not be biologically related to the child. The child may be conceived with donated gametes -- a donated egg or sperm or both. A surrogate may gestate the child. The couple may be same-sex. Although we are aware of these developments, we are failing to collect information about them that is vital for medical, public health, and social science research as well as for protecting human rights. Information drawn from birth records is crucial for research, but it is becoming less accurate and less useful as parents who are …
Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott
Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott
Articles
More than forty U.S. states currently track at least some of their convicted sex offenders using GPS devices. Many offenders will be monitored for life. The burdens and expense of living indefinitely under constant technological monitoring have been well documented, but most commentators have assumed that these burdens were of no constitutional moment because states have characterized such surveillance as ‘‘civil’’ in character—and courts have seemed to agree. In 2015, however, the Supreme Court decided in Grady v. North Carolina that attaching a GPS monitoring device to a person was a Fourth Amendment search, notwithstanding the ostensibly civil character of …
Citing Counsel's Opinion About The Merits Of Legal Proceedings In Sec Filings, Wendy Gerwick Couture
Citing Counsel's Opinion About The Merits Of Legal Proceedings In Sec Filings, Wendy Gerwick Couture
Articles
No abstract provided.
Outcome Prediction In The Practice Of Law, Mark K. Osbeck, Michael Gilliland
Outcome Prediction In The Practice Of Law, Mark K. Osbeck, Michael Gilliland
Articles
Business forecasters typically use time-series models to predict future demands, the forecasts informing management decision making and guiding organizational planning. But this type of forecasting is merely a subset of the broader field of predictive analytics, models used by data scientists in all manner of applications, including credit approvals, fraud detection, product-purchase and music-listening recommendations, and even the real-time decisions made by self-driving vehicles. The practice of law requires decisions that must be based on predictions of future legal outcomes, and data scientists are now developing forecasting methods to support the process. In this article, Mark Osbeck and Mike Gilliland …
Why Is It Wrong To Punish Thought?, Gabriel S. Mendlow
Why Is It Wrong To Punish Thought?, Gabriel S. Mendlow
Articles
It’s a venerable maxim of criminal jurisprudence that the state must never punish people for their mere thoughts—for their beliefs, desires, fantasies, and unexecuted intentions. This maxim is all but unquestioned, yet its true justification is something of a mystery. In this Essay, I argue that each of the prevailing justifications is deficient, and I conclude by proposing a novel one. The proposed justification captures the widely shared intuition that punishing a person for her mere thoughts isn’t simply disfavored by the balance of reasons but is morally wrongful in itself, an intrinsic (i.e., consequence-independent) injustice to the person punished. …
The States' Interest In Federal Procedure, Diego Zambrano
The States' Interest In Federal Procedure, Diego Zambrano
Articles
No abstract provided.
My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran
My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran
Articles
You are a parent whose children are in foster care. Your court hearing is today, after which you hope your children will return home. Upon leaving the bus, you wait in line to enter the court. At the metal detectors you’re told you can’t bring your cell phone inside. With no storage options, you hide your phone in the bushes, hoping it will be there when you return.
Free-Range Parenting Gets Legal Protection In Utah - But Should The State Dictate How To Parent?, David Pimentel
Free-Range Parenting Gets Legal Protection In Utah - But Should The State Dictate How To Parent?, David Pimentel
Articles
No abstract provided.
Perils Of Tax Reform, James R. Hines Jr.
Perils Of Tax Reform, James R. Hines Jr.
Articles
Tax reforms dangle possibilities of improving the tax system, but are fraught with perils that are evident from the 2017 U.S. experience and caution against frequent reforms of its ilk. The first peril is that reforms containing tax provisions selected simply on the basis of their projected revenue contributions will produce less tax revenue than anticipated, illustrative calculations suggesting shortfalls of roughly 8–16 percent. The second peril is that reforms will not advance the objectives of efficiency and tax equity to the extent that they include provisions intended to influence future tax legislation or government spending. The third peril is …