Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (13)
- Social and Behavioral Sciences (11)
- Intellectual Property Law (9)
- Courts (8)
- Criminal Law (7)
-
- International Law (6)
- Evidence (5)
- Jurisdiction (5)
- Law and Politics (5)
- Human Rights Law (4)
- Public Affairs, Public Policy and Public Administration (4)
- Contracts (3)
- Environmental Law (3)
- International Trade Law (3)
- Judges (3)
- Law and Society (3)
- Legislation (3)
- Life Sciences (3)
- Torts (3)
- Administrative Law (2)
- Arts and Humanities (2)
- Biotechnology (2)
- Business (2)
- Civil Procedure (2)
- Civil Rights and Discrimination (2)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Criminology and Criminal Justice (2)
- Econometrics (2)
- Keyword
-
- Constitutional law (5)
- Empirical (5)
- Comparative law (4)
- Courts (4)
- Federal government (4)
-
- Patents (4)
- Race discrimination (3)
- Right of privacy (3)
- Well-being (3)
- Appellate courts (2)
- Appellate procedure (2)
- Copyright (2)
- Creative ability (2)
- Criminal liability (2)
- Criminal procedure (2)
- Democracy (2)
- Detention of persons--United States (2)
- Ecosystem services (2)
- Election law (2)
- Emigration and immigration law (2)
- European Union--Politics and government (2)
- Gerrymandering (2)
- Hazard mitigation (2)
- Human rights (2)
- Imperialism (2)
- International law (2)
- International relations (2)
- Inventions (2)
- Law--Interpretation and construction (2)
- Planning (2)
Articles 1 - 30 of 111
Full-Text Articles in Law
Race, Redistricting, And Representation, Guy-Uriel Charles
Race, Redistricting, And Representation, Guy-Uriel Charles
Faculty Scholarship
This Essay, which was written for the Ohio State Law Journal's symposium on Election Law and the Roberts Court, examines the Court's decision in League of United Latin American Citizens (LULAC) v. Perry. The Essay explores two ways of reading LULAC: first as a racial representation case and second as a case concerned with representation itself. The essay argues that politics not race is the majority's worry in LULAC and that the case is the first application of Justice Kennedy's representation rights concept first introduced in Vieth.
Structural Reform Prosecution, Brandon L. Garrett
Structural Reform Prosecution, Brandon L. Garrett
Faculty Scholarship
In what I call a structural reform prosecution, prosecutors secure the cooperation of an organization in adopting internal reforms. No scholars have considered the problem of prosecutors seeking structural reform remedies, perhaps because until recently organizational prosecutions were themselves infrequent. In the past few years, however, federal prosecutors adopted a bold new prosecutorial strategy under which dozens of leading corporations entered into demanding settlements, including AIG, American Online, Bristol-Myers Squibb Co., Computer Associates, HealthSouth, KPMG, MCI, Merrill Lynch & Co, Monsanto, and Time Warner. To situate the DOJ's latest strategy, I frame alternatives to the pursuit of structural reform remedies …
Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy Meyer
Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy Meyer
Faculty Scholarship
No abstract provided.
Criminal Procedure Within The Firm, Samuel W. Buell
Criminal Procedure Within The Firm, Samuel W. Buell
Faculty Scholarship
It seems improbable that the theoretical and doctrinal framework of criminal procedure, developed mostly through a binary model of the individual and the state, would fit without modification in the tripartite model of the state, the firm, and the individual that characterizes the investigation and sanctioning of criminal conduct within legal entities. This intuition—which has been underexplored in spite of heated public debate about the state’s practices in this area—proves correct. I develop some components of a framework for understanding procedure for individual cases of criminal wrongdoing within firms and generating insights to guide reform. The process of pursuing individual …
Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell
Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell
Faculty Scholarship
Present sentencing law in criminal cases of financial reporting fraud is embarrassingly flawed. The problem is urgent given that courts are now regularly sentencing corporate offenders, sometimes (but sometimes not) to extremely punitive terms of imprisonment. Policing of fraud by multiple jurisdictions in a federal system means that principled sentencing law is necessary not only for first-order policy reasons but also for coordination of sanctioning efforts. Proportionality and rationality demand that sentencing law have an agreed scale for measuring cases of financial reporting fraud in relation to each other, a sound methodology for fixing a given case on that scale, …
Churn, Baby, Churn: Strategic Dynamics Among Dominant And Fringe Firms In A Segmented Industry, John M. De Figueiredo, Brian S. Silverman
Churn, Baby, Churn: Strategic Dynamics Among Dominant And Fringe Firms In A Segmented Industry, John M. De Figueiredo, Brian S. Silverman
Faculty Scholarship
This paper integrates and extends the literatures on industry evolution and dominant firms to develop a dynamic theory of dominant and fringe competitive interaction in a segmented industry. It argues that a dominant firm, seeing contraction of growth in its current segment(s), enters new segments in which it can exploit its technological strengths, but that are sufficiently distant to avoid cannibalization. The dominant firm acts as a low-cost Stackelberg leader, driving down prices and triggering a sales takeoff in the new segment. We identify a “churn” effect associated with dominant firm entry: fringe firms that precede the dominant firm into …
Creating Online Tutorials: Five Lessons Learned, Lauren M. Collins
Creating Online Tutorials: Five Lessons Learned, Lauren M. Collins
Faculty Scholarship
No abstract provided.
Finding The Golden Mean With Daubert: An Elusive, Perhaps An Impossible, Goal, Robert P. Mosteller
Finding The Golden Mean With Daubert: An Elusive, Perhaps An Impossible, Goal, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
The Politics Of Preclearance, Guy-Uriel Charles, Luis Fuentes-Rohwer
The Politics Of Preclearance, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
This Essay examines recent charges of political motivation against the Department of Justice and its enforcement of the Voting Rights Act. These accusations appear well-deserved, on the strength of the Department's recent handling of the Texas redistricting submission and Georgia's voting identification requirement. This Essay reaches two conclusions. First, it is clear that Congress wished to secure its understanding of the Act into the future through its preclearance requirement. Many critics of the voting rights bill worried about the degree of discretion that the legislation accorded the Attorney General. Supporters worried as well, for this degree of discretion might lead …
Toward A New Civil Rights Framework, Guy-Uriel Charles
Toward A New Civil Rights Framework, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Comments On The European Commission’S Proposal For A Regulation Of The European Parliament And The Council On The Law Applicable To Contractual Obligations (Rome I), Ralf Michaels, Jürgen Basedow, Wolfgang Wurmnest
Comments On The European Commission’S Proposal For A Regulation Of The European Parliament And The Council On The Law Applicable To Contractual Obligations (Rome I), Ralf Michaels, Jürgen Basedow, Wolfgang Wurmnest
Faculty Scholarship
No abstract provided.
Toward A Framework Statute For Supranational Adjudication, Ernest A. Young
Toward A Framework Statute For Supranational Adjudication, Ernest A. Young
Faculty Scholarship
No abstract provided.
Was He Guilty As Charged? An Alternative Narrative Based On The Circumstantial Evidence From 12 Angry Men, Neil Vidmar, Sara Sun Beale, Erwin Chemerinsky, James E. Coleman Jr.
Was He Guilty As Charged? An Alternative Narrative Based On The Circumstantial Evidence From 12 Angry Men, Neil Vidmar, Sara Sun Beale, Erwin Chemerinsky, James E. Coleman Jr.
Faculty Scholarship
No abstract provided.
Disloyal Agents, Deborah A. Demott
Disloyal Agents, Deborah A. Demott
Faculty Scholarship
This paper examines the consequences of an agent's breach of the fiduciary duty of loyalty. These consequences are underexplored in academic literature, in contrast to rationales for fiduciary duties more generally. The consequences of an agent's disloyalty are, moreover, not uniform across jurisdictions. The paper begins by differentiating between the meaning and consequences that the law ascribes to agency and its meaning in other academic disciplines, including economics and philosophy. It then considers the extent to which principles derived from contract and tort law can account for the consequences that courts assign to agents' disloyal conduct and concludes that a …
Knowledge Commons: The Case Of The Biopharmaceutical Industry, Arti K. Rai
Knowledge Commons: The Case Of The Biopharmaceutical Industry, Arti K. Rai
Faculty Scholarship
No abstract provided.
Economic Growth And The Interests Of Future (And Past And Present) Generations: A Comment On Tyler Cowen, Matthew D. Adler
Economic Growth And The Interests Of Future (And Past And Present) Generations: A Comment On Tyler Cowen, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami
Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami
Faculty Scholarship
This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting—the Data Retention Directive. Based on a detailed examination of the Directive’s legislative history, the …
Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat
Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat
Faculty Scholarship
This article describes principles of effective academic writing - offered not as edicts, but as guidelines - for legal scholars in particular. The overall focus is style, but the discussion begins with observations of format. These are followed by a few stylistic principles that govern clear and effective writing. None of these principles is a revelation to the student of method or to the accomplished writer. But for the academic writer less focused on or less familiar with such principles, being aware of and practicing them can clear the fog from syntax, illuminate the writer's thesis and its development, and …
Federal Suits And General Laws: A Comment On Judge Fletcher's Reading Of Sosa V. Alvarez-Marchain, Ernest A. Young
Federal Suits And General Laws: A Comment On Judge Fletcher's Reading Of Sosa V. Alvarez-Marchain, Ernest A. Young
Faculty Scholarship
No abstract provided.
Angelina And Madonna: Why All The Fuss? An Exploration Of The Rights Of The Child And Intercountry Adoption Within African Nations, Veronica S. Root
Angelina And Madonna: Why All The Fuss? An Exploration Of The Rights Of The Child And Intercountry Adoption Within African Nations, Veronica S. Root
Faculty Scholarship
No abstract provided.
Classified Boards And Firm Value, Michael D. Frakes
Classified Boards And Firm Value, Michael D. Frakes
Faculty Scholarship
Classified boards constitute one of the most potent takeover defenses for U.S. firms today. However, as with takeover defenses more generally, economic theory offers an ambiguous prediction as to the effect that classified boards have on bottom-line firm value. A resolution of this ambiguity will require sound and convincing empirical methodology. In an effort to address limitations in the existing empirical literature, this article approaches the relationship between corporate governance and firm value while taking various measures to account for unobserved sources of heterogeneity across firms. Using the instrumental variables model developed by Hausman and Taylor, I find evidence of …
A Constitutional Conundrum Of Second Amendment Commas: A Short Epistolary Report, William W. Van Alstyne
A Constitutional Conundrum Of Second Amendment Commas: A Short Epistolary Report, William W. Van Alstyne
Faculty Scholarship
Prompted by the court’s decision in Parker v. District of Columbia, this series of correspondence discusses the effect possible forms of punctuation may have on the Second Amendment. The article makes comments on the important grammars during the founding and also two possible writings of the Second Amendment that contain different sets of punctuation.
What Statutes Mean: Interpretive Lessons From Positive Theories Of Communication And Legislation, Cheryl Boudreau, Arthur Lupia, Mathew D. Mccubbins, Daniel B. Rodriguez
What Statutes Mean: Interpretive Lessons From Positive Theories Of Communication And Legislation, Cheryl Boudreau, Arthur Lupia, Mathew D. Mccubbins, Daniel B. Rodriguez
Faculty Scholarship
No abstract provided.
Immigration Law And The Regulation Of Marriage, Kerry Abrams
Immigration Law And The Regulation Of Marriage, Kerry Abrams
Faculty Scholarship
No abstract provided.
United States V. Goliath, Brandon L. Garrett
United States V. Goliath, Brandon L. Garrett
Faculty Scholarship
No abstract provided.
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Antitrust And Ipos In The Supreme Court, Clark C. Havighurst
Antitrust And Ipos In The Supreme Court, Clark C. Havighurst
Faculty Scholarship
This short comment suggests a connection, so far unrecognized, between two antitrust cases currently awaiting decision by the Supreme Court. In one case, the Court is likely, though not certain, to overturn the long-standing rule that resale price maintenance is illegal per se. If that should occur, another case on the Court’s docket, involving the scope of the implied antitrust immunity enjoyed by underwriters of corporate securities offerings, would (or should) look very different. This comment suggests that, if the law of vertical restraints is finally rationalized so that an issuer of a security may lawfully restrict price and other …
The True Lex Mercatoria: Private Law Beyond The State, Ralf Michaels
The True Lex Mercatoria: Private Law Beyond The State, Ralf Michaels
Faculty Scholarship
Is there an anational lex mercatoria, a "global law without a state?" The debate seems infinite. Some argue that the rules, institutions, and procedures of international arbitration have now achieved a sufficient degree both of autonomy from the state and of legal character that they represent such an anational law. Others respond that whatever law merchant may exist is really state law—dependent on national norms and the freedom of contract they provide, and on the enforceability of arbitral awards by national courts. This paper suggests that the dichotomy of anational law and state law is false. Although an anational law …
Compelled Cooperation And The New Corporate Criminal Procedure, Lisa Kern Griffin
Compelled Cooperation And The New Corporate Criminal Procedure, Lisa Kern Griffin
Faculty Scholarship
In response to the broad scope of the Enron-era frauds, the federal government has adopted novel strategies to investigate and prosecute corporate crimes. This Article examines the use of stringent cooperation requirements and deferred prosecution agreements, pursuant to which corporate internal investigations have become extensions of government enforcement efforts. At the same time, liability has shifted markedly to the employee level: Over one thousand individuals have been indicted and convicted since the July 2002 creation of the Corporate Fraud Task Force, while few corporations have been charged. The convergence of corporate cooperation doctrine with the focus on individual targets results …
Confrontation As Constitutional Criminal Procedure: ‘Crawford’S’ Birth Did Not Require That ‘Roberts’ Had To Die’, Robert P. Mosteller
Confrontation As Constitutional Criminal Procedure: ‘Crawford’S’ Birth Did Not Require That ‘Roberts’ Had To Die’, Robert P. Mosteller
Faculty Scholarship
No abstract provided.