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Full-Text Articles in Law

Black Hole Apparitions, Lisa Bernstein Jan 2017

Black Hole Apparitions, Lisa Bernstein

Articles

No abstract provided.


Constitutional Advice And Transnational Legal Order, Tom Ginsburg Jan 2017

Constitutional Advice And Transnational Legal Order, Tom Ginsburg

Articles

No abstract provided.


Chevron Step One-And-A-Half, Daniel Hemel, Aaron Nielson Jan 2017

Chevron Step One-And-A-Half, Daniel Hemel, Aaron Nielson

Articles

No abstract provided.


Constitutions And Foreign Relations Law: The Dynamics Of Substitutes And Complements, Tom Ginsburg Jan 2017

Constitutions And Foreign Relations Law: The Dynamics Of Substitutes And Complements, Tom Ginsburg

Articles

No abstract provided.


Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case Jan 2017

Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case

Articles

No abstract provided.


Introduction To Symposium On Sovereignty, Cyberspace, And Talinn Manual 2.0, Tom Ginsburg Jan 2017

Introduction To Symposium On Sovereignty, Cyberspace, And Talinn Manual 2.0, Tom Ginsburg

Articles

No abstract provided.


Corporate Bankruptcy Panel—Chapter 11 Cramdown Interest Rates: Till, Momentive, And The Proper Valuation Method, Ralph Brubaker, Anthony Casey, Susan Freeman, Bruce A. Markell Jan 2017

Corporate Bankruptcy Panel—Chapter 11 Cramdown Interest Rates: Till, Momentive, And The Proper Valuation Method, Ralph Brubaker, Anthony Casey, Susan Freeman, Bruce A. Markell

Articles

No abstract provided.


Dual Sovereignty Under The Constitution: How Best To Protect States Against Federal Taxation And Regulation, Richard A. Epstein Jan 2017

Dual Sovereignty Under The Constitution: How Best To Protect States Against Federal Taxation And Regulation, Richard A. Epstein

Articles

No abstract provided.


The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler Jan 2017

The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler

Articles

No abstract provided.


The Misconceived Modern Attack On Right To Work Laws, Richard A. Epstein Jan 2017

The Misconceived Modern Attack On Right To Work Laws, Richard A. Epstein

Articles

No abstract provided.


Why Incentives For "Patent Holdout" Threaten To Dismantle Frand, And Why It Matters, Richard A. Epstein, Kayvan B. Noroozi Jan 2017

Why Incentives For "Patent Holdout" Threaten To Dismantle Frand, And Why It Matters, Richard A. Epstein, Kayvan B. Noroozi

Articles

No abstract provided.


Searching For The Common Law: The Quantitative Approach Of The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler Jan 2017

Searching For The Common Law: The Quantitative Approach Of The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler

Articles

In 2012, the American Law Institute asked us to serve as reporters for a new Restatement of Consumer Contracts. Recognizing that many innovations in American contract law in the past generation occurred in the area of consumer transactions, the project seemed timely and challenging. We discovered that many of these innovations are controversial and seemingly subject to conflicting approaches in the case law and heated debates among commentators. We also discovered that prior attempts to devise a unified set of rules have largely failed. We therefore decided to take a new approach to our search for, and restatement of, the …


The History And Future Of Capital Punishment In The United States, Robert Stein Jan 2017

The History And Future Of Capital Punishment In The United States, Robert Stein

Articles

No abstract provided.


The Shadow Of Executive Privilege, Heidi Kitrosser Jan 2017

The Shadow Of Executive Privilege, Heidi Kitrosser

Articles

No abstract provided.


Free Speech, Higher Education, And The Pc Narrative, Heidi Kitrosser Jan 2017

Free Speech, Higher Education, And The Pc Narrative, Heidi Kitrosser

Articles

No abstract provided.


Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld Jan 2017

Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld

Articles

No abstract provided.


Unresolved Legal Questions Concerning Operation Inherent Resolve, Oren Gross Jan 2017

Unresolved Legal Questions Concerning Operation Inherent Resolve, Oren Gross

Articles

No abstract provided.


Future-Proofing Energy Transport Law, Alexandra Klass Jan 2017

Future-Proofing Energy Transport Law, Alexandra Klass

Articles

No abstract provided.


The Human Rights Of Non-Citizens: Constitutionalized Treaty Law In Ecuador, Steve Meili Jan 2017

The Human Rights Of Non-Citizens: Constitutionalized Treaty Law In Ecuador, Steve Meili

Articles

No abstract provided.


The Impact Of Individualized Feedback On Law Student Performance, Daniel Schwarcz, Dion Farganis Jan 2017

The Impact Of Individualized Feedback On Law Student Performance, Daniel Schwarcz, Dion Farganis

Articles

No abstract provided.


Life Cycle Analysis And Transportation Energy, Alexandra Klass, Andrew Heiring Jan 2017

Life Cycle Analysis And Transportation Energy, Alexandra Klass, Andrew Heiring

Articles

No abstract provided.


Banker Behavior And The Individualist Ethos, Claire Hill Jan 2017

Banker Behavior And The Individualist Ethos, Claire Hill

Articles

No abstract provided.


Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett Mcdonnell Jan 2017

Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett Mcdonnell

Articles

No abstract provided.


Jane The Virgin And Other Stories Of Unintentional Parenthood, June Carbone, Naomi Cahn Jan 2017

Jane The Virgin And Other Stories Of Unintentional Parenthood, June Carbone, Naomi Cahn

Articles

No abstract provided.


Parents, Babies, And More Parents, June Carbone, Naomi Cahn Jan 2017

Parents, Babies, And More Parents, June Carbone, Naomi Cahn

Articles

No abstract provided.


Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire Hill Jan 2017

Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire Hill

Articles

No abstract provided.


Towards A Coherent And Workable Antitrust Policy On Vertical Restraints, Daniel Gifford, Robert T. Kudrle Jan 2017

Towards A Coherent And Workable Antitrust Policy On Vertical Restraints, Daniel Gifford, Robert T. Kudrle

Articles

No abstract provided.


Deferring To The Rule Of Law: A Comparative Look At United States Deference Doctrines, Nicholas Bednar, Barbara Marchevsky Jan 2017

Deferring To The Rule Of Law: A Comparative Look At United States Deference Doctrines, Nicholas Bednar, Barbara Marchevsky

Articles

No abstract provided.


The Clear-Statement Chevron Canon, Nicholas Bednar Jan 2017

The Clear-Statement Chevron Canon, Nicholas Bednar

Articles

As Chevron has fallen into disfavor with some, judges and scholars have begun searching for alternative formulations of administrative law’s favorite deference doctrine. Some judges have embraced Matthew Stephenson and Adrian Vermeule’s One-Step Chevron. But One-Step Chevron’s theoretical foundations lacks practical application.

This Article argues that judges can make One-Step Chevron workable by reframing it as a clear-statement rule: “Unless refuted by the clear language of the statute, a court must defer to an agency interpretation.” Scholars have long labelled Chevron as a “canon,” but have never framed Chevron as a substantive canon. Chevron works as a substantive canon without …


Japan’S Adr System For Resolving Nuclear Power-Related Damage Disputes, Daniel H. Foote Jan 2017

Japan’S Adr System For Resolving Nuclear Power-Related Damage Disputes, Daniel H. Foote

Articles

This paper has dual aims. First, it introduces the Nuclear Power-Related Damage Claim Resolution Center, established in 2011 to handle disputes arising out of the March 2011 meltdown at the Fukushima Daiichi nuclear power plant. After first examining the genesis of that Center, this paper describes its structure and roles and discusses its performance, including the challenges it has faced and the accomplishments it has achieved. Second, this paper seeks to place that Center into the broader context of the overall development of alternative dispute resolution (ADR) in Japan and to assess its impact. Two major themes recur throughout this …