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Articles 2071 - 2100 of 11528
Full-Text Articles in Law
Country Specific Investments And The Rights Of Non-Citizens, Adam S. Chilton, Eric A. Posner
Country Specific Investments And The Rights Of Non-Citizens, Adam S. Chilton, Eric A. Posner
Articles
No abstract provided.
Positive And Negative Externalities In Real Estate Development, Richard A. Epstein
Positive And Negative Externalities In Real Estate Development, Richard A. Epstein
Articles
No abstract provided.
The Tax Legislative Process: A Byrd's Eye View, Ellen P. Aprill, Daniel Hemel
The Tax Legislative Process: A Byrd's Eye View, Ellen P. Aprill, Daniel Hemel
Articles
No abstract provided.
Why The Burger Court Mattered (Reviewing The Burger Court And The Rise Of The Judicial Right By Michael J. Graetz And Linda Greenhouse), David A. Strauss
Why The Burger Court Mattered (Reviewing The Burger Court And The Rise Of The Judicial Right By Michael J. Graetz And Linda Greenhouse), David A. Strauss
Articles
No abstract provided.
Democratic Backsliding And The Rule Of Law, Tom Ginsburg
Democratic Backsliding And The Rule Of Law, Tom Ginsburg
Articles
No abstract provided.
Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer
Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer
Articles
Courts in the United Kingdom and South Africa have recently issued important rulings that have constrained the executive’s authority to withdraw from treaties in those countries. This essay considers whether these rulings might offer insights for treaty exit issues in the United States. We first provide an overview of U.S. law and practice regarding the termination of international agreements. We next summarize the U.K. and South African decisions, which required parliamentary approval for pulling out of treaties establishing the European Union and the International Criminal Court (ICC), respectively. Finally, we consider the relevance of these rulings for treaty withdrawals in …
The People Against The Constitution, Aziz Huq
Arbiters Of Decency: A Study Of Legislators' Eighth Amendment Role, Aliza Plener Cover
Arbiters Of Decency: A Study Of Legislators' Eighth Amendment Role, Aliza Plener Cover
Articles
Within Eighth Amendment doctrine, legislators are arbiters of contemporary values. The United States Supreme Court looks closely to state and federal death penalty legislation to determine whether a given punishment is out of keeping with “evolving standards of decency.” Those who draft, debate, and vote on death penalty laws thus participate in both ordinary and higher lawmaking. This Article investigates this dual role.
We coded and aggregated information about every floor statement made in the legislative debates preceding the recent passage of bills abolishing the death penalty in Connecticut, Illinois, and Nebraska. We categorized all statements according to their position …
Dismantling Monuments, Richard Henry Seamon
Dismantling Monuments, Richard Henry Seamon
Articles
The Antiquities Act of 1906 authorizes the President to "declare" certain objects "to be national monuments," and to "reserve parcels of land" to protect those national monuments. The Act does not expressly authorize the President to reduce or rescind a monument established by a prior President under the Act, and recent actions by President Donald Trump raise the question whether the Act impliedly authorizes such reductions or rescissions. The majority of legal scholars who have studied this question have said no, the Act does not grant such implied authority. This Article takes the contrary position. The President's authority under the …
Patagonia Vs. Trump, Richard Henry Seamon
Incorporating Social System Dynamics In The Columbia River Basin: Food-Energy-Water Resilience And Sustainability Modeling In The Yakima River Basin, Barbara Cosens
Articles
In the face of climate change, achieving resilience of desirable aspects of food-energy-water (FEW) systems already strained by competing multi-scalar social objectives requires interdisciplinary approaches. This study is part of a larger effort exploring “Innovations in the Food-Energy-Water Nexus (INFEWS)” in the Columbia River Basin (CRB) through coordinated modeling and simulated management scenarios. Here, we focus on a case study and conceptual mapping of the Yakima River Basin (YRB), a sub-basin of the CRB. Previous research on FEW system management and resilience includes some attention to social dynamics (e.g., economic and governance systems); however, more attention to social drivers and …
Fearless Speech, Mary Anne Franks
Fearless Speech, Mary Anne Franks
Articles
The American conception of free speech is primarily defined as the freedom to say whatever one wants, with little regard for the quality, context, or impact of the speech. Thus, American free speech doctrine is often characterized as neutral with regard to the speaker and the content of speech; in practice, however, it consistently privileges powerful over vulnerable speakers and harmful over critical speech.
From Philadelphia to Skokie to Charlottesville, the First Amendment has been interpreted to protect speech by white men that silences and endangers women and minorities. As free speech doctrine and practice become increasingly concerned with private …
A View Of Copyright From The Digital Ground, Andres Sawicki
A View Of Copyright From The Digital Ground, Andres Sawicki
Articles
No abstract provided.
Things Fall Apart, Anthony V. Alfieri
The Oecd/G20-Beps-Project And The Value Creation Paradigm: Economic Reality Disemboguing Into The Interpretation Of The "Arm's Length" Standard, Stanley I. Langbein, Max R. Fuss
The Oecd/G20-Beps-Project And The Value Creation Paradigm: Economic Reality Disemboguing Into The Interpretation Of The "Arm's Length" Standard, Stanley I. Langbein, Max R. Fuss
Articles
No abstract provided.
Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri
Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri
Articles
No abstract provided.
Exiting Congressional-Executive Agreements, Curtis A. Bradley
Exiting Congressional-Executive Agreements, Curtis A. Bradley
Articles
Commentators have argued that, even if the president has the unilateral authority to terminate Article II treaties concluded with the Senate’s advice and consent, the president lacks the unilateral authority to terminate “congressional-executive agreements” concluded with majority congressional approval, such as the North American Free Trade Agreement (NAFTA). This Article challenges that claim. If one accepts a presidential authority to terminate Article II treaties, this Article contends, there is no persuasive reason to conclude differently with respect to congressional-executive agreements. Congressional-executive agreements have become largely interchangeable with Article II treaties as a matter of domestic law and practice. For example, …
Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith
Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith
Articles
Presidents have come to dominate the making, interpretation, and termination of international law for the United States. Often without specific congressional concurrence, and sometimes even when it is likely that Congress would disagree, Presidents assert the authority to (a) make a vast array of international obligations for the United States, through both written agreements and the development of customary international law; (b) make increasingly consequential political commitments for the United States on practically any topic; (c) interpret these obligations and commitments; and (d) terminate or withdraw from these obligations and commitments. While others have examined pieces of this picture, no …
Originalism As A Constraint On Judges, William Baude
A Common Law For The First Amendment, Richard A. Epstein
A Common Law For The First Amendment, Richard A. Epstein
Articles
No abstract provided.
Accidents And Aggregates, Lee Anne Fennell
Apparent Fault, Aziz Huq, Genevieve Lakier
Federalism As A Safeguard Of Progressive Taxation, Daniel Hemel
Federalism As A Safeguard Of Progressive Taxation, Daniel Hemel
Articles
No abstract provided.
Making A Market For Corporate Disclosure, Kevin S. Haeberle, M. Todd Henderson
Making A Market For Corporate Disclosure, Kevin S. Haeberle, M. Todd Henderson
Articles
No abstract provided.
Panel On Rules Versus Standards In Constitutional And Statutory Interpretation, Akhil Reed Amar, Frank H. Easterbrook, John C. Harrison, William Francis Kuntz Ii
Panel On Rules Versus Standards In Constitutional And Statutory Interpretation, Akhil Reed Amar, Frank H. Easterbrook, John C. Harrison, William Francis Kuntz Ii
Articles
No abstract provided.
Cost-Benefit Analysis And The Judicial Role, Jonathan Masur, Eric A. Posner
Cost-Benefit Analysis And The Judicial Role, Jonathan Masur, Eric A. Posner
Articles
No abstract provided.
Introduction To Decentralization And Development, Shitong Qiao, Richard A. Epstein
Introduction To Decentralization And Development, Shitong Qiao, Richard A. Epstein
Articles
No abstract provided.
Separation Of Powers Metatheory, Aziz Huq
Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq
Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq
Articles
No abstract provided.
Terrorism And Democratic Recession, Aziz Huq