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Journal Articles

2015

Articles 1 - 30 of 189

Full-Text Articles in Law

Intra-Agency Coordination, Jennifer Nou Dec 2015

Intra-Agency Coordination, Jennifer Nou

Journal Articles

No abstract provided.


When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas Dec 2015

When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas

Journal Articles

Drawing on previously unexplored and unpublished archival papers of Richard Nixon, the plaintiffs’ lawyer in the case, and the justices of the Warren Court, this article tells the story of the seminal First Amendment case Time, Inc. v. Hill (1967). In Hill, the Supreme Court for the first time addressed the conflict between the right to privacy and freedom of the press. The Court constitutionalized tort liability for invasion of privacy, acknowledging that it raised First Amendment issues and must be governed by constitutional standards. Hill substantially diminished privacy rights; today it is difficult if not impossible to recover against ...


The Use And Misuse Of Patent Licenses, Jonathan Masur Dec 2015

The Use And Misuse Of Patent Licenses, Jonathan Masur

Journal Articles

No abstract provided.


The Difficulties Of Democratic Mercy, Aziz Huq Dec 2015

The Difficulties Of Democratic Mercy, Aziz Huq

Journal Articles

No abstract provided.


On Hearsay, Richard A. Posner Dec 2015

On Hearsay, Richard A. Posner

Journal Articles

No abstract provided.


Toward A Pigouvian State, Jonathan Masur, Eric A. Posner Dec 2015

Toward A Pigouvian State, Jonathan Masur, Eric A. Posner

Journal Articles

No abstract provided.


Post-Graduate Legal Training: The Case For Tax-Exempt Programs, Adam Chodorow, Philip T. Hackney Nov 2015

Post-Graduate Legal Training: The Case For Tax-Exempt Programs, Adam Chodorow, Philip T. Hackney

Journal Articles

The challenging job market for recent law school graduates has highlighted a fact well known to those familiar with legal education: A significant gap exists between what students learn in law school and what they need to be practice-ready lawyers. Legal employers historically assumed the task of providing real-world training, but they have become much less willing to do so. At the same time, a large numbers of Americans – and not just those living at or below the poverty line – are simply unable to afford lawyers. In this Article, we argue that post-graduate legal training, similar to post-graduate medical training ...


The Legal Landscape Of Parental-Choice Policy, Nicole Stelle Garnett Nov 2015

The Legal Landscape Of Parental-Choice Policy, Nicole Stelle Garnett

Journal Articles

Private school choice programs raise important legal questions regarding students’ rights to an education, parents’ rights to choose their children’s schools, state constitutions, race and disability, and religious liberty.


Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey Nov 2015

Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey

Journal Articles

For a symposium on Teaching Ferguson, this essay considers how the standard introductory constitutional law course evades the history of legal struggle against institutionalized anti-black violence. The traditional course emphasizes the drama of anti-majoritarian judicial expansion of substantive rights. Looming over the doctrines of equal protection and due process, the ghost of Lochner warns of dangers of judicial leadership in substantive constitutional change. This standard narrative tends to lower expectations for constitutional justice, emphasizing the virtues of judicial modesty and formalism.

By supplementing the ghost of Lochner with the ghost of comparably infamous and influential case, United States v. Cruikshank ...


Does The Constitution Mean What It Says?, David A. Strauss Nov 2015

Does The Constitution Mean What It Says?, David A. Strauss

Journal 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 Nov 2015

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

Journal Articles

No abstract provided.


Political Powerlessness, Nicholas Stephanopoulos Nov 2015

Political Powerlessness, Nicholas Stephanopoulos

Journal Articles

No abstract provided.


Comment On Professor Gluck's "Imperfect Statutes, Imperfect Courts", Richard A. Posner Nov 2015

Comment On Professor Gluck's "Imperfect Statutes, Imperfect Courts", Richard A. Posner

Journal Articles

No abstract provided.


Perfectionism And Fundamentalism In The Application Of The German Abortion Laws, Mary Anne Case Oct 2015

Perfectionism And Fundamentalism In The Application Of The German Abortion Laws, Mary Anne Case

Journal Articles

No abstract provided.


Interpreting Force Authorization, Scott Sullivan Oct 2015

Interpreting Force Authorization, Scott Sullivan

Journal Articles

This Article presents a theory of authorizations for the use of military force (AUMFs) that reconciles separation of power failures in the current interpretive model. Existing doctrine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives, and expected impacts underlying military force authorizations differ dramatically from typical legislation. AUMFs are focused but temporary corrective interventions intended to change the underlying facts that prompted their passage. This Article examines historical practice and utilizes institutionalist principles to develop a theory of AUMF decay that eschews text in ...


Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq Oct 2015

Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq

Journal Articles

No abstract provided.


Arizona And Anti-Reform, Nicholas Stephanopoulos Oct 2015

Arizona And Anti-Reform, Nicholas Stephanopoulos

Journal Articles

No abstract provided.


How Do Bank Regulators Determine Capital-Adequacy Requirements?, Eric A. Posner Oct 2015

How Do Bank Regulators Determine Capital-Adequacy Requirements?, Eric A. Posner

Journal Articles

No abstract provided.


Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton Oct 2015

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton

Journal 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 Oct 2015

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

Journal Articles

No abstract provided.


The Equality Taboo, David A. Strauss Oct 2015

The Equality Taboo, David A. Strauss

Journal Articles

No abstract provided.


The View From Inside The Nsa Review Group, Geoffrey R. Stone Oct 2015

The View From Inside The Nsa Review Group, Geoffrey R. Stone

Journal Articles

No abstract provided.


A Framework For Bailout Regulation, Eric A. Posner, Anthony Casey Oct 2015

A Framework For Bailout Regulation, Eric A. Posner, Anthony Casey

Journal Articles

No abstract provided.


Regulatory Textualism, Jennifer Nou Oct 2015

Regulatory Textualism, Jennifer Nou

Journal Articles

No abstract provided.


Pope Francis, Environmental Anthropologist, John Copeland Nagle Sep 2015

Pope Francis, Environmental Anthropologist, John Copeland Nagle

Journal Articles

In June 2015, after much anticipation and a few leaks, Pope Francis released his encyclical entitled “Laudato Si’: On Care for Our Common Home. “Laudato si’” means “praise be to you,” a phrase that appears repeatedly in Saint Francis’ Canticle of the Sun poem. The encyclical itself has been widely praised and widely reported, far more than one would expect from an explicitly religious document. The encyclical is breathtakingly ambitious. Much of it is addressed to “every person living on this planet,” while specific parts speak to Catholics and others to religious believers generally. It surveys a sweeping range of ...


The Discovery Sombrero And Other Metaphors For Litigation, William Hubbard Sep 2015

The Discovery Sombrero And Other Metaphors For Litigation, William Hubbard

Journal Articles

No abstract provided.


Cultural Heritage Conservation Easements: The Problem Of Using Property Law Tools For Heritage Protection, Jessica Owley Sep 2015

Cultural Heritage Conservation Easements: The Problem Of Using Property Law Tools For Heritage Protection, Jessica Owley

Journal Articles

Conservation easements are quickly becoming a favored tool for protection of cultural heritage. Perpetual encumbrances on the use of private land, most cultural heritage conservation easements are held by private conservation organizations known as land trusts. With minimal public oversight, land trusts decide which lands to protect in perpetuity and what the rules regarding use of those lands should be. A variety of concerns arise when protection of cultural heritage resides with private organizations. First, as governments abdicate cultural heritage protection to private organizations, the public’s role in site protection shifts. When private organizations and landowners negotiate which properties ...


Don't Ask, Must Tell—And Other Combinations, Adam M. Samaha, Lior Strahilevitz Sep 2015

Don't Ask, Must Tell—And Other Combinations, Adam M. Samaha, Lior Strahilevitz

Journal Articles

No abstract provided.


Riley’S Less Obvious Tradeoffs: Forgoing Scope-Limited Searches, Richard H. Mcadams Sep 2015

Riley’S Less Obvious Tradeoffs: Forgoing Scope-Limited Searches, Richard H. Mcadams

Journal Articles

No abstract provided.


What Is Buddhist Law?, Rebecca Redwood French Aug 2015

What Is Buddhist Law?, Rebecca Redwood French

Journal Articles

No abstract provided.