Law Commons^™

Cheap Sentiment, Claire Hill

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No abstract provided.

The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil

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Managing Terrorism, Fionnuala Ní Aoláin, Colm Campbell

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Prior Record Enhancements At Sentencing: Unsettled Justifications And Unsettling Consequences, Richard Frase, Kelly Lyn Mitchell, Rhys Hester Hester, Julian V. Roberts

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From Duty And Disclosure To Power And Participation In Social Enterprise, Brett Mcdonnell

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Panel Effects In Administrative Law: A Study Of Rules, Standards, And Judicial Whistleblowing, Kristin Hickman, Emerson H. Tiller, Morgan Hazelton

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Sopra? So What?: Chevron Reform Misses The Target Entirely, Kristin Hickman

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The Constitutional Right To Asylum: The Wave Of The Future In International Refugee Law?, Steve Meili

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Standards Of Proof And Civil Litigation: A Game-Theoretic Analysis, Alice Guerra, Barbara Luppi, Francesco Parisi

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In litigation models, the parties’ probability to succeed in a lawsuit hinge upon the merits of the parties’ claims and their litigation efforts. In this paper we extend this framework to consider an important procedural aspect of the legal system: the standard of proof. We recast the conventional litigation model to consider how alternative standards of proof affect litigation choices. We analyze the interrelation between different standards of proof, the effectiveness of the parties’ efforts, and the merits of the case. We study how these factors jointly affect the parties’ litigation expenditures, the selection of cases brought to the courts, …

Regulating By Example, Susan C. Morse, Leigh Osofsky

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Agency regulations are full of examples. Regulated parties and their advisors parse the examples to develop an understanding of the applicable law and to determine how to conduct their affairs. However, the theoretical literature contains no study of regulatory examples or of how they might be interpreted. Courts differ about whether examples serve as an independent source of law. There is uncertainty about the proper role of this frequently used regulatory tool.

In this Article, we argue that regulatory examples make law. Our claim is that, as a default rule, the legal content offered by regulatory examples is coequal with, …

Alabama Song? Lotte Lenya? No. Adolph Hitler!, Patrick O. Gudridge

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No abstract provided.

Separation Of Trade Law Powers, Kathleen Claussen

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Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen

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Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin

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Justice Beyond Dispute, Mary Anne Franks

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The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack

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Happy Birthday Siri! Dialing In Legal Ethics For Artificial Intelligence, Smartphones, And Real Time Lawyers, Jan L. Jacobowitz, Justin Ortiz

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The Runaway Judge: John Grisham’S Appearance In Judicial Opinions, Nicholas Mignanelli

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The New Separability, Lili Levi

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In Star Athletica v. Varsity Brands, the Supreme Court recently unveiled a new approach to separability. Because copyright law protects expression, not function, aesthetic features of useful articles are eligible for copyright protection only if they are separable from the functional work in which they are incorporated. But the Copyright Actdoes not define separability, and Star Athletica is the latest judicial effort to try to fill that void. Unfortunately, the new separability is open to a wide range of critiques. Relatively low-hanging fruit are the vagueness and indeterminacy of the new test, the Court's unsatisfactory attempts to avoid defining "function," …

Real "Fake News" And Fake "Fake News", Lili Levi

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Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges

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The Central Claiming Renaissance, Andres Sawicki

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The Supreme Court has recently reinvigorated the law of patentable subject matter. But beneath the headlines proclaiming the return of limits to patent eligibility, a more profound shift has taken place: central claiming is reborn.

The Court's eligibility cases are significant outliers compared to today's run-of-the-mill patent law because claim language plays little role in their analyses. In our modern peripheral claiming system, the claim language is the near exclusive guide to the patent's boundaries. But in its earliest days, our patent system pursued a central claiming approach, in which the inventor's actual work determined the patent's scope. The Court's …

Modularity In Cross-Border Insolvency, Andrew B. Dawson

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The Rugged Individual's Guide To The Fourth Amendment: How The Court's Idealized Citizen Shapes, Influences, And Excludes The Exercise Of Constitutional Rights, Scott E. Sundby

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Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen

Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag. Or who can help but feel humbled by the courage of Rosa Parks, a seamstress, who was willing to be arrested rather than sit in the back of the bus?

But while these stories of everyday individuals …

Between Mexico And The United States, Kunal M. Parker

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No abstract provided.

Everything Is Contingent: A Comment On Bob Gordon's Taming The Past, Kunal M. Parker

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Discovery Disclosure And Deterrence, Sergio J. Campos, Cheng Li

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Courts, practitioners, and scholars have recently expressed concern over the ex post costs of discovery in civil litigation. In this Article, we develop a game theoretic model of litigant behavior to study an overlooked phenomenon-the ex ante effects of discovery on a defendant's incentive to engage in unlawful conduct. We focus on motions to seal, which limit the disclosure of discovered information to the public, but permit disclosure to the court and parties. Specifically, we examine the effect different rules regarding such motions have in deterring defendants from engaging in unlawful behavior. We show that as a rule becomes more …

What's Next: Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Shelley Cavalieri, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Jorge Roig, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona

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No abstract provided.

From The Editors, Anthony E. Varona, Camille A. Nelson

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No abstract provided.

The Other Trade War, Kathleen Claussen

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No abstract provided.