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Articles 2881 - 2910 of 11520
Full-Text Articles in Law
Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker
Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker
Articles
No abstract provided.
We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin
We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin
Articles
No abstract provided.
A Consequential Justice, Robert Stein
Transparency And The Supreme Court—Can Employers Refuse To Disclose How Much They Pay For Health Care?, Nicholas Bagley, Christopher Koller
Transparency And The Supreme Court—Can Employers Refuse To Disclose How Much They Pay For Health Care?, Nicholas Bagley, Christopher Koller
Articles
For decades, the prices that hospitals and physicians charge private insurers have been treated as trade secrets. Even though inflated prices are an enormous reason why health care is so much more expensive in the United States than in other countries, we have only a hazy picture of what those prices actually are.
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 Difficulties Of Democratic Mercy, Aziz Huq
The Use And Misuse Of Patent Licenses, Jonathan Masur
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 …
Measuring The Impact Of Plausibility Pleading, Alexander A. Reinert
Measuring The Impact Of Plausibility Pleading, Alexander A. Reinert
Articles
Ashcroft v. Iqbal and its predecessor, Bell Atlantic Corp. v. Twombly, introduced a change to federal pleading standards that had remained essentially static for five decades. Both decisions have occupied the attention of academics, jurists, and practitioners since their announcement. Iqbal alone has, as of this writing, been cited by more than 95,000 judicial opinions, more than 1,400 law review articles, and innumerable briefs and motions. Many scholars have criticized Iqbal and Twombly for altering the meaning of the Federal Rules of Civil Procedure outside the traditional procedures contemplated by the Rules Enabling Act. Almost all commentators agree that …
Does The Constitution Mean What It Says?, David A. Strauss
Does The Constitution Mean What It Says?, David A. Strauss
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.
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.
Political Powerlessness, Nicholas Stephanopoulos
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 …
Chevron Is Dead; Long Live Chevron, Michael Herz
Chevron Is Dead; Long Live Chevron, Michael Herz
Articles
The Supreme Court's decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. continues to obsess academics and courts alike. Despite all the attention, however; the "Chevron revolution" never quite happens. This decision, though seen as transformatively important, is honored in the breach, in constant danger of being abandoned, and the subject of perpetual confusion and uncertainty. This Essay seeks both to bury and to praise Chevron. Chevron is not a revolutionary shift of authority from the judiciary to the executive. That Chevron is dead. The Chevron that survives is an appropriate allocation of decisionmaking responsibility among the three …
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 …
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.
Regulatory Textualism, Jennifer Nou
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.
A Framework For Bailout Regulation, Eric A. Posner, Anthony Casey
A Framework For Bailout Regulation, Eric A. Posner, Anthony Casey
Articles
No abstract provided.
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.
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.
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.
The Equality Taboo, David A. Strauss
Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq
Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq
Articles
No abstract provided.
Arizona And Anti-Reform, Nicholas Stephanopoulos
Contemporary Practice Of The United States Relating To International Law, July 2015, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, July 2015, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • Agreement on Iran Nuclear Program Goes into Effect • United States and China Reach Agreement Regarding Economic Espionage and International Cybersecurity Norms • United States Ratifies the International Convention for the Suppression of Acts of Nuclear Terrorism • United States Reaches Agreement with Turkey on Use of Incirlik Air Base for Strikes on ISIL; “Safe Zone” Not Part of the Deal