Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (23)
- Administrative Law (18)
- Constitutional Law (17)
- Courts (17)
- Legal Education (17)
-
- Supreme Court of the United States (17)
- Civil Rights and Discrimination (16)
- Intellectual Property Law (16)
- International Law (15)
- Legislation (15)
- Social and Behavioral Sciences (15)
- Health Law and Policy (14)
- Tax Law (14)
- Legal History (12)
- Business Organizations Law (11)
- Criminal Law (11)
- Science and Technology Law (11)
- Law Enforcement and Corrections (10)
- Law and Gender (10)
- Labor and Employment Law (9)
- Securities Law (9)
- State and Local Government Law (9)
- Dispute Resolution and Arbitration (8)
- First Amendment (8)
- Law and Economics (8)
- Privacy Law (8)
- Taxation-Federal (8)
- Anthropology (7)
- Arts and Humanities (7)
- Institution
- Keyword
-
- United States Supreme Court (11)
- History (10)
- Privacy (9)
- Regulation (9)
- Law reform (8)
-
- Legal education (8)
- Corporations (7)
- Federal agencies (7)
- Administrative law (6)
- Congress (6)
- Discrimination (6)
- Statutory interpretation (6)
- Treaties (6)
- Liability (5)
- Prisoners (5)
- Rulemaking (5)
- Surveillance (5)
- Consumers (4)
- Copyright law (4)
- Deference (4)
- Dodd-Frank Act (4)
- Health insurance (4)
- Human rights (4)
- Internal Revenue Service (4)
- Legislative intent (4)
- Prisons (4)
- Securities fraud (4)
- Technology (4)
- Terrorism (4)
- United Nations (4)
Articles 1 - 30 of 331
Full-Text Articles in Law
Intra-Agency Coordination, Jennifer Nou
Officiating Removal, Leah Litman
Officiating Removal, Leah Litman
Articles
For the last several years, the Commonwealth of Pennsylvania has quietly attempted to curtail capital defendants' representation in state postconviction proceedings. In 2011, various justices on the Pennsylvania Supreme Court began to call for federally funded community defender organizations to stop representing capital defendants in state postconviction proceedings. The justices argued, among other things, that the organizations' representation of capital defendants constituted impermissible federal interference with state governmental processes and burdened state judicial resources. The court also alleged the community defender organizations were in violation of federal statutes, which only authorized the organizations to assist state prisoners in federal, but …
On Hearsay, Richard A. Posner
The Use And Misuse Of Patent Licenses, Jonathan Masur
The Difficulties Of Democratic Mercy, Aziz Huq
Toward A Pigouvian State, Jonathan Masur, Eric A. Posner
Toward A Pigouvian State, Jonathan Masur, Eric A. Posner
Articles
No abstract provided.
Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue
Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue
Articles
Insurance companies are financially responsible for a substantial portion of the losses associated with risky activities in the economy. The more insurers can lower the risks posed by their insureds, the more competitively they can price their policies, and the more customers they can attract. Thus, competition forces insurers to be private regulators of risk. To that end, insurers deploy a range of techniques to encourage their insureds to reduce the risks of their insured activities, from charging experience-rated premiums to discounting premium rates for insureds who make specific behavioral changes designed to reduce risk. Somewhat paradoxically, however, tort law …
Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association
Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association
Articles
These comments respond to proposed Treasury Regulations defining terms relating to marital status in the Internal Revenue Code following the Supreme Court's decision in the Windsor and Obergefell cases. The comments applaud the Internal Revenue Service for reading gendered terms relating to marital status in a gender-neutral fashion. For a number of reasons, however, the comments recommend that the final regulations omit the proposed rule for determining an individual’s marital status and, in its place, codify the current deference to local law in determining marital status for federal tax purposes. Most importantly, the comments further recommend that the final regulations …
Does The Constitution Mean What It Says?, David A. Strauss
Does The Constitution Mean What It Says?, David A. Strauss
Articles
No abstract provided.
Political Powerlessness, Nicholas Stephanopoulos
Comment On Professor Gluck's "Imperfect Statutes, Imperfect Courts", Richard A. Posner
Comment On Professor Gluck's "Imperfect Statutes, Imperfect Courts", Richard A. Posner
Articles
No abstract provided.
Eighteen Years On: A Re-Review (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner
Eighteen Years On: A Re-Review (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner
Articles
No abstract provided.
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Articles
Until recently, state attorneys general defended their states’ laws as a matter of course. However, one attorney general’s decision not to defend his state’s law in a prominent marriage equality case sparked a cascade of attorney general declinations in other marriage equality cases. Declinations have also increased across a range of states and with respect to several other contentious subjects, including abortion and gun control. This Essay evaluates the causes and implications of this recent trend of state attorneys general abstaining from defending controversial laws on the grounds that those laws are unconstitutional, focusing on the marriage equality cases as …
What The Marriage Equality Cases Tell Us About Voter Id, Ellen D. Katz
What The Marriage Equality Cases Tell Us About Voter Id, Ellen D. Katz
Articles
Two years ago, United States u. Windsor tossed out the Defense of Marriage Act ("DOMA"). Thereafter, proponents of marriage equality secured dozens of notable victories in the lower courts, a smattering of setbacks, and last June, the victory they sought in Obergefell v. Hodges. During this same period, opponents of electoral restrictions such as voter identification have seen far less sustained success. Decided the day before Windsor, Shelby County v. Holder scrapped a key provision of the Voting Rights Act ("VRA") while making clear that plaintiffs might still challenge disputed voting regulations under Section 2 of the VRA and the …
The New Stock Market: Sense And Nonsense, Merritt B. Fox, Lawrence R. Glosten, Gabriel V. Rauterberg
The New Stock Market: Sense And Nonsense, Merritt B. Fox, Lawrence R. Glosten, Gabriel V. Rauterberg
Articles
How stocks are traded in the United States has been totally transformed. Gone are the dealers on NASDAQ and the specialists at the NYSE. Instead, a company’s stock can now be traded on up to sixty competing venues where a computer matches incoming orders. High-frequency traders (HFTs) post the majority of quotes and are the preponderant source of liquidity in the new market. Many practices associated with the new stock market are highly controversial, as illustrated by the public furor following the publication of Michael Lewis’s book Flash Boys. Critics say that HFTs use their speed in discovering changes in …
Wrongs, Rights, And Third Parties, Nicholas Cornell
Wrongs, Rights, And Third Parties, Nicholas Cornell
Articles
In philosophical and legal arguments, it is commonly assumed that a person is wronged only if that person has had a right violated. This assumption is often viewed almost as a necessary conceptual truth: to be wronged is to have one's right violated, and to have a right is to be one who stands to be wronged. I will argue that this assumption is incorrect—that having a right and standing to be wronged are distinct and separable moral phenomena.
My argument begins from cases in which third parties are affected by the violation of someone else's rights. I will introduce …
Perfectionism And Fundamentalism In The Application Of The German Abortion Laws, Mary Anne Case
Perfectionism And Fundamentalism In The Application Of The German Abortion Laws, Mary Anne Case
Articles
No abstract provided.
How Do Bank Regulators Determine Capital-Adequacy Requirements?, Eric A. Posner
How Do Bank Regulators Determine Capital-Adequacy Requirements?, Eric A. Posner
Articles
No abstract provided.
Escaping The American Blot? A Comparative Look At Federalism In Australia And The United States Through The Lens Of Family Law, Emily Buss, William Buss
Escaping The American Blot? A Comparative Look At Federalism In Australia And The United States Through The Lens Of Family Law, Emily Buss, William Buss
Articles
No abstract provided.
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Articles
No abstract provided.
The Equality Taboo, David A. Strauss
The View From Inside The Nsa Review Group, Geoffrey R. Stone
The View From Inside The Nsa Review Group, Geoffrey R. Stone
Articles
No abstract provided.
Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq
Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq
Articles
No abstract provided.
A Framework For Bailout Regulation, Eric A. Posner, Anthony Casey
A Framework For Bailout Regulation, Eric A. Posner, Anthony Casey
Articles
No abstract provided.
Arizona And Anti-Reform, Nicholas Stephanopoulos
Regulatory Textualism, Jennifer Nou
Resentencing In The Shadow Of Johnson V. United States, Leah Litman
Resentencing In The Shadow Of Johnson V. United States, Leah Litman
Articles
On June 26, 2015, the Supreme Court handed down a decision many years in the making—Johnson v. United States. Johnson held that the ‘‘residual clause’’ of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. Although Johnson may have been overshadowed in the final days of a monumental Supreme Court term, the decision is a significant one that will have important consequences for the criminal justice system. ACCA’s residual clause imposed a severe 15-year mandatory minimum term of imprisonment, and many federal prisoners qualify for ACCA’s mandatory minimum. Johnson did away with ACCA’s residual clause such that defendants will no …
A Look Back At The "Gatehouses And Mansions" Of American Criminal Procedure, Yale Kamisar
A Look Back At The "Gatehouses And Mansions" Of American Criminal Procedure, Yale Kamisar
Articles
I am indebted to Professor William Pizzi for remembering—and praising—the “Gatehouses and Mansions” essay I wrote fifty years ago. A great many articles and books have been written about Miranda. So it is nice to be remembered for an article published a year before that famous case was ever decided.
Potential Of Florida's Effective Assistance Of Counsel Doctrine To Increase Parent Engagement And Promote The Well-Being Of Children, Robert Latham, Robin L. Rosenberg
Potential Of Florida's Effective Assistance Of Counsel Doctrine To Increase Parent Engagement And Promote The Well-Being Of Children, Robert Latham, Robin L. Rosenberg
Articles
No abstract provided.
The Unintended Effects Of Government-Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue
The Unintended Effects Of Government-Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue
Articles
Catastrophes from severe weather are perhaps the costliest accidents humanity faces. While we are still a long way from technologies that would abate the destructive force of storms, there is much we can do to reduce their effect. True, we cannot regulate the weather, but through smart governance and correct incentives we can influence human exposure to the risk of bad weather. We may not be able to control wind or storm surge, but we can prompt people to build sturdier homes with stronger roofs far from floodplains. We call these catastrophes "natural disasters," but they are the result of …