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Journal Articles

2016

Discipline
Institution
Keyword

Articles 1 - 30 of 177

Full-Text Articles in Law

Biopolarity: Coral Scientists Between Hope And Despair, Irus Braverman Dec 2016

Biopolarity: Coral Scientists Between Hope And Despair, Irus Braverman

Journal Articles

Biopolarity draws on extensive interviews with dozens of coral scientists and on my observations of the international coral reef symposium in Hawaii on June 2016 to document the oscillation of coral scientists between hope and despair in their imaginations of coral futures. At one extreme of the oscillation are catastrophic predictions of the death of corals by the mid-21st century. In this despondent narrative, corals are getting fried and nothing short of an abrupt (and unlikely) shift in how humans use fossil fuels will save them. The pessimistic trajectory of this swing of the pendulum comes replete with daunting maps ...


The Church And Magna Carta, Richard H. Helmholz Dec 2016

The Church And Magna Carta, Richard H. Helmholz

Journal Articles

No abstract provided.


Fee Simple Obsolete, Lee Anne Fennell Dec 2016

Fee Simple Obsolete, Lee Anne Fennell

Journal Articles

No abstract provided.


Civil Rights In A Desegregating America, Nicholas Stephanopoulos Dec 2016

Civil Rights In A Desegregating America, Nicholas Stephanopoulos

Journal Articles

No abstract provided.


The Case Against Free Speech, Brian Leiter Dec 2016

The Case Against Free Speech, Brian Leiter

Journal Articles

No abstract provided.


Knowledge Goods And Nation-States, Daniel Hemel, Lisa Larrimore Ouellette Dec 2016

Knowledge Goods And Nation-States, Daniel Hemel, Lisa Larrimore Ouellette

Journal Articles

No abstract provided.


Litigating The Blue Wall Of Silence: How To Challenge The Police Privilege To Delay Investigation, Aziz Huq, Richard H. Mcadams Dec 2016

Litigating The Blue Wall Of Silence: How To Challenge The Police Privilege To Delay Investigation, Aziz Huq, Richard H. Mcadams

Journal Articles

No abstract provided.


The Pet Keeping Industry In The American City, Irus Braverman Dec 2016

The Pet Keeping Industry In The American City, Irus Braverman

Journal Articles

Two years ago, my now nine-year-old daughter decided that she, too, wants in on the American dream. A family without a dog is incomplete, so the dominant narrative around us seems to dictate – and that narrative was readily picked up by my daughter and, subsequently, by her younger sister as well. The pressure is now fully on for us to “adopt” a dog who would fill our days with laughter and fun. A dog who would make us belong. Despite my initial urge to satisfy my daughters’ passionate desire, I cannot help but to contemplate the broader role of urban ...


The Constitutional Law Of Agenda Control, Aziz Huq Dec 2016

The Constitutional Law Of Agenda Control, Aziz Huq

Journal Articles

No abstract provided.


The Plain Language Court, David A. Strauss Dec 2016

The Plain Language Court, David A. Strauss

Journal Articles

No abstract provided.


Youth/Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig B. Futterman, Chaclyn Hunt, Jamie Kalven Dec 2016

Youth/Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig B. Futterman, Chaclyn Hunt, Jamie Kalven

Journal Articles

No abstract provided.


The Political Ideologies Of American Lawyers, Adam S. Chilton, Adam Bonica, Maya Sen Dec 2016

The Political Ideologies Of American Lawyers, Adam S. Chilton, Adam Bonica, Maya Sen

Journal Articles

No abstract provided.


On The Place Of Judge-Made Law In A Government Of Laws, Matthew Steilen Nov 2016

On The Place Of Judge-Made Law In A Government Of Laws, Matthew Steilen

Journal Articles

This essay explores a constitutional account of the elevation of the judiciary in American states following the Revolution. The core of the account is a connection between two fundamental concepts in Anglo-American constitutional thinking, discretion and a government of laws. In the periods examined here, arbitrary discretion tended to be associated with alien power and heteronomy, while bounded discretion was associated with self-rule. The formal, solemn, forensic, and public character of proceedings in courts of law suggested to some that judge-made law (a product of judicial discretion under these proceedings) did not express simply the will of the judge or ...


An Insurance-Based Typology Of Police Misconduct, John Rappaport Nov 2016

An Insurance-Based Typology Of Police Misconduct, John Rappaport

Journal Articles

No abstract provided.


Did The Creation Of The United Nations Human Rights Council Produce A Better ‘Jury’?, Adam S. Chilton, Robert Golan-Vilella Nov 2016

Did The Creation Of The United Nations Human Rights Council Produce A Better ‘Jury’?, Adam S. Chilton, Robert Golan-Vilella

Journal Articles

No abstract provided.


The Cycles Of Separation-Of-Powers Jurisprudence, Aziz Huq, Jon D. Michaels Nov 2016

The Cycles Of Separation-Of-Powers Jurisprudence, Aziz Huq, Jon D. Michaels

Journal Articles

No abstract provided.


A Review (Reviewing Stephen Breyer, The Court And The World: American Law And The New Global Realities), Eric A. Posner Nov 2016

A Review (Reviewing Stephen Breyer, The Court And The World: American Law And The New Global Realities), Eric A. Posner

Journal Articles

No abstract provided.


Unquantified Benefits And The Problem Of Regulation Under Uncertainty, Jonathan Masur, Eric A. Posner Nov 2016

Unquantified Benefits And The Problem Of Regulation Under Uncertainty, Jonathan Masur, Eric A. Posner

Journal Articles

No abstract provided.


The Unfinished Business Of Horne V. Department Of Agriculture, Richard A. Epstein Nov 2016

The Unfinished Business Of Horne V. Department Of Agriculture, Richard A. Epstein

Journal Articles

No abstract provided.


Wage-Setting Institutions And Corporate Governance, Matthew Dimick, Neel Rao Nov 2016

Wage-Setting Institutions And Corporate Governance, Matthew Dimick, Neel Rao

Journal Articles

Why do corporate governance law and practice differ across countries? This paper explains how wage-setting institutions influence ownership structures and investor protection laws. In particular, we identify a nonmonotonic relationship between the level of centralization in wage-bargaining institutions and the level of ownership concentration and investor protection laws. As wage setting becomes more centralized, ownership concentration within firms at first becomes more, and then less, concentrated. In addition, the socially optimal level of investor protection laws is decreasing in ownership concentration. Thus, as wage-setting institutions become more centralized, investor protection laws become less and then more protective. This explanation is ...


Bankruptcy's Endowment Effect, Anthony Casey Nov 2016

Bankruptcy's Endowment Effect, Anthony Casey

Journal Articles

No abstract provided.


Magna Carta And The Law Of Nature, Richard H. Helmholz Nov 2016

Magna Carta And The Law Of Nature, Richard H. Helmholz

Journal Articles

No abstract provided.


Property Rights And Governance Strategies: How Best To Deal With Land, Water, Intellectual Property, And Spectrum, Richard A. Epstein Oct 2016

Property Rights And Governance Strategies: How Best To Deal With Land, Water, Intellectual Property, And Spectrum, Richard A. Epstein

Journal Articles

No abstract provided.


Coordination-Focused Patent Policy, Stephen Yelderman Oct 2016

Coordination-Focused Patent Policy, Stephen Yelderman

Journal Articles

This Article explores the practical consequences of an important shift that has recently taken place in patent theory. Although it was long agreed that the purpose of granting patents is to reward invention, today many scholars instead attempt to justify the patent system based on its role in facilitating information exchange and enabling technical coordination among firms. This change in justification is controversial, and its viability remains a fiercely contested question. But despite intense attention at the level of theory, little has been said about the consequences of this debate for patent policy itself. This Article addresses that void, developing ...


Do Patent Challenges Increase Competition?, Stephen Yelderman Oct 2016

Do Patent Challenges Increase Competition?, Stephen Yelderman

Journal Articles

This Article is the first to seriously scrutinize the claim that patent challenges lead to increased competition. It identifies a number of conditions that must hold for a patent challenge to provide this particular benefit, and evaluates the reasonableness of assuming that the pro-competitive benefits of patent challenges are generally available. As it turns out, there are a number of ways these conditions can and regularly do fail. This Article synthesizes legal doctrine, recent empirical scholarship, and several novel case studies to identify categories of challenges in which the potential benefits for competition are smaller than previously thought or, in ...


The English Fire Courts And The American Right To Civil Jury Trial, Jay Tidmarsh Oct 2016

The English Fire Courts And The American Right To Civil Jury Trial, Jay Tidmarsh

Journal Articles

This Article uncovers the history of a long-forgotten English court system, the “fire courts,” which Parliament established to resolve dispute between landlords and tenants in urban areas destroyed in catastrophic fires. One of the fire courts’ remarkable features was the delegation of authority to judges to adjudicate disputes without juries. Because the Seventh Amendment’s right to a federal civil jury trial depends in part on the historical practice of English courts in 1791, this delegation bears directly on the present power of Congress to abrogate the use of juries in federal civil litigation.

Parliament enacted fire-courts legislation on eight ...


Parens Patriae And The States' Historic Police Power, Margaret S. Thomas Oct 2016

Parens Patriae And The States' Historic Police Power, Margaret S. Thomas

Journal Articles

Class actions have long been contracting as procedural vehicles in mass tort litigation. At the same time, parens patriae actions brought by state attorneys general for injuries to their state’s citizenry have been expanding. This form of public dispute has emerged as a full-fledged alternative form of aggregate litigation in mass torts. The use of this public alternative is already widespread in consumer, antitrust, environmental, and health law cases.

Despite the widespread use of parens patriae litigation by states, the source of the power to sue in this way is vague and ill-defined. Courts have struggled to articulate and ...


The Failed Superiority Experiment, Christine P. Bartholomew Oct 2016

The Failed Superiority Experiment, Christine P. Bartholomew

Journal Articles

Federal law requires a class action be “superior to alternative methods for fairly and efficiently adjudicating the controversy.” This superiority requirement has gone unstudied, despite existing for half a century. This Article undertakes a comprehensive review of the superiority case law. It reveals a jurisprudence riddled with inconsistency as courts adopt diametrically opposed interpretations of the requirement. Originally crafted to encourage predictable, consistent class action decisions, superiority has mutated over the years into a dangerous wild card—subjectively used to stymie aggregate litigation. The solution is not adding a new requirement to the already onerous rules for class certification. Instead ...


Should The Law Do Anything About Economic Inequality?, Matthew Dimick Oct 2016

Should The Law Do Anything About Economic Inequality?, Matthew Dimick

Journal Articles

What should be done about rising income and wealth inequality? Should the design and adoption of legal rules take into account their effects on the distribution of income and wealth? Or should the tax-and-transfer system be the exclusive means to address concerns about inequality? A widely-held view argues for the latter: only the tax system, and not the legal system, should be used to redistribute income. While this argument comes in a variety of normative arguments and has support across the political spectrum, there is also a well-known law-and-economics version. This argument, known as the “double-distortion” argument, is simply stated ...


Intrastate Federalism, Rick Su Oct 2016

Intrastate Federalism, Rick Su

Journal Articles

In debates about the role of federalism in America, much turns on the differences between states. But what about divisions within states? The site of political conflict in America is shifting: battles once marked by interstate conflict at the national level are increasingly reflected in intrastate clashes at the local. This shift has not undermined the role of federalism in American politics, as many predicted. Rather, federalism's role has evolved to encompass the growing divide within states and between localities. In other words, federalism disputes — formally structured as between the federal government and the states — are increasingly being used ...