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Articles 1 - 30 of 315
Full-Text Articles in Law
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Articles
No abstract provided.
Regulating Secrecy, W. Nicholson Price Ii
Regulating Secrecy, W. Nicholson Price Ii
Articles
Inventors face a stark choice between two intellectual property systems of protecting innovative ideas: patents and trade secrecy. But accounts of this choice underexplore the role of the regulators that dominate some areas of innovation. Regulation interacts with intellectual property exclusivity in socially problematic ways by encouraging secrecy at the expense of innovation, efficiency, and competition. This Article theorizes how regulation empowers intellectual property generally, explains why this strengthening is problematic for trade secrecy but not for patents, and offers the solution of regulator-enforced disclosure. When a regulator defines a product or a process, it becomes much harder to successfully …
Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription, Rebecca J. Scott
Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription, Rebecca J. Scott
Articles
In case after case, prosecutors, judges and juries therefore still struggle to come up with a definition of slavery, looking for some set of criteria or indicia that will enable them to discern whether the phenomenon they are observing constitutes enslavement. In this definitional effort, contemporary jurists may imagine that in the past, surely the question was simpler: someone either was or was not a slave. However, the existence of a set of laws declaring that persons could be owned as property did not, even in the nineteenth century, answer by itself the question of whether a given person was …
The Political Ideologies Of American Lawyers, Adam S. Chilton, Adam Bonica, Maya Sen
The Political Ideologies Of American Lawyers, Adam S. Chilton, Adam Bonica, Maya Sen
Articles
No abstract provided.
Knowledge Goods And Nation-States, Daniel Hemel, Lisa Larrimore Ouellette
Knowledge Goods And Nation-States, Daniel Hemel, Lisa Larrimore Ouellette
Articles
No abstract provided.
The Constitutional Law Of Agenda Control, Aziz Huq
Youth/Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig B. Futterman, Chaclyn Hunt, Jamie Kalven
Youth/Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig B. Futterman, Chaclyn Hunt, Jamie Kalven
Articles
No abstract provided.
Fee Simple Obsolete, Lee Anne Fennell
Litigating The Blue Wall Of Silence: How To Challenge The Police Privilege To Delay Investigation, Aziz Huq, Richard H. Mcadams
Litigating The Blue Wall Of Silence: How To Challenge The Police Privilege To Delay Investigation, Aziz Huq, Richard H. Mcadams
Articles
No abstract provided.
Civil Rights In A Desegregating America, Nicholas Stephanopoulos
Civil Rights In A Desegregating America, Nicholas Stephanopoulos
Articles
No abstract provided.
The Case Against Free Speech, Brian Leiter
The Plain Language Court, David A. Strauss
The Church And Magna Carta, Richard H. Helmholz
Country By Country Reporting And Corporate Privacy: Some Unanswered Questions, Reuven S. Avi-Yonah
Country By Country Reporting And Corporate Privacy: Some Unanswered Questions, Reuven S. Avi-Yonah
Articles
Corporate privacy is an oxymoron. Individuals have a right to privacy, which the Supreme Court has recognized at least since Griswold v. Connecticut (1965). Warren and Brandeis’ famous defense of the right to privacy (1890) clearly applied only to individuals, because only individuals have the kind of feelings that are affected by invasions of privacy. Corporations are legal entities, and the concept of privacy does not apply to them, as the Supreme Court held in 1906. Thus, any objection to making corporate tax returns public cannot rest on the right to privacy. In fact, corporate returns were made public in …
An Insurance-Based Typology Of Police Misconduct, John Rappaport
An Insurance-Based Typology Of Police Misconduct, John Rappaport
Articles
No abstract provided.
How And Why International Law Binds International Organizations, Kristina Daugirdas
How And Why International Law Binds International Organizations, Kristina Daugirdas
Articles
For decades, controversy has dogged claims about whether and to what extent international law binds international organizations (“IOs”) like the United Nations and the International Monetary Fund. The question has important consequences for humanitarian law, economic rights, and environmental protection. In this Article, I aim to resolve the controversy by supplying a theory about when and how international law binds IOs. I conclude that international law binds IOs to the same degree that it binds states. That is, IOs are not more extensively or more readily bound; nor are they less extensively or less readily bound. This means that IOs, …
Did The Creation Of The United Nations Human Rights Council Produce A Better ‘Jury’?, Adam S. Chilton, Robert Golan-Vilella
Did The Creation Of The United Nations Human Rights Council Produce A Better ‘Jury’?, Adam S. Chilton, Robert Golan-Vilella
Articles
No abstract provided.
What Lurks Below Beckles, Leah Litman, Shakeer Rahman
What Lurks Below Beckles, Leah Litman, Shakeer Rahman
Articles
This Essay argues that if the Supreme Court grants habeas relief in Beckles v. United States, then it should spell out certain details about where a Beckles claim comes from and who such a claim benefits. Those details are not essential to the main question raised in the case, but the federal habeas statute takes away the Supreme Court’s jurisdiction to hear just about any case that would raise those questions. For that reason, this Essay concludes that failing to address those questions now could arbitrarily condemn hundreds of prisoners to illegal sentences and lead to a situation where the …
The Cycles Of Separation-Of-Powers Jurisprudence, Aziz Huq, Jon D. Michaels
The Cycles Of Separation-Of-Powers Jurisprudence, Aziz Huq, Jon D. Michaels
Articles
No abstract provided.
A Review (Reviewing Stephen Breyer, The Court And The World: American Law And The New Global Realities), Eric A. Posner
A Review (Reviewing Stephen Breyer, The Court And The World: American Law And The New Global Realities), Eric A. Posner
Articles
No abstract provided.
Unquantified Benefits And The Problem Of Regulation Under Uncertainty, Jonathan Masur, Eric A. Posner
Unquantified Benefits And The Problem Of Regulation Under Uncertainty, Jonathan Masur, Eric A. Posner
Articles
No abstract provided.
Bankruptcy's Endowment Effect, Anthony Casey
Magna Carta And The Law Of Nature, Richard H. Helmholz
The Unfinished Business Of Horne V. Department Of Agriculture, Richard A. Epstein
The Unfinished Business Of Horne V. Department Of Agriculture, Richard A. Epstein
Articles
No abstract provided.
Using Advanced Conflict Waivers To Teach Drafting, Ethics, And Professionalism, Edward R. Becker
Using Advanced Conflict Waivers To Teach Drafting, Ethics, And Professionalism, Edward R. Becker
Articles
On a substantive and ethical level, I tell my students to take on faith that if you were to do all of this and take all this into account, if you were to apply the conflict of interest and the disqualifications rules, it could make it extremely difficult or many of the firms involved in these matters to avoid being conflicted out; especially, if the parties and the kind of firms involved were not dealing with these conflicts and issues until a problem arose. The question I ask my students again at this point is what could be done. What …
Should We Presume State Protection?, James C. Hathaway, Audrey Macklin
Should We Presume State Protection?, James C. Hathaway, Audrey Macklin
Articles
Professors Hathaway and Macklin debate the legality of the “presumption of state protection” that the Supreme Court of Canada established as a matter of Canadian refugee law in the Ward decision. Professor Hathaway argues that this presumption should be rejected because it lacks a sound empirical basis and because it conflicts with the relatively low evidentiary threshold set by the Refugee Convention’s “well-founded fear” standard. Professor Macklin contends that the Ward presumption does not in and of itself impose an unduly onerous burden on claimants, and that much of the damage wrought by the presumption comes instead from misinterpretation and …
How The Sentencing Commission Does And Does Not Matter In Beckles V. United States, Leah Litman, Luke C. Beasley
How The Sentencing Commission Does And Does Not Matter In Beckles V. United States, Leah Litman, Luke C. Beasley
Articles
Two years ago, in Johnson v. United States, the Supreme Court held that the so-called “residual clause” of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. Last spring, the Court made this rule retroactive in Welch v. United States. Then in June, the Court granted certiorari in Beckles v. United States to resolve two questions that have split lower courts in the wake of Johnson and Welch: (1) whether an identically worded “residual clause” in a U.S. Sentencing Guideline—known as the career offender Guideline—is unconstitutionally void for vagueness; and (2) if so, whether the rule invalidating the Guideline’s residual …
Property Rights And Governance Strategies: How Best To Deal With Land, Water, Intellectual Property, And Spectrum, Richard A. Epstein
Property Rights And Governance Strategies: How Best To Deal With Land, Water, Intellectual Property, And Spectrum, Richard A. Epstein
Articles
No abstract provided.
In Memoriam: Abner J. Mikva (1926-2016), David A. Strauss
In Memoriam: Abner J. Mikva (1926-2016), David A. Strauss
Articles
No abstract provided.
Price Impact Possibilities, Wendy Gerwick Couture