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Full-Text Articles in Law

The Puzzling Non-Consequences Of Societal Distrust Of Courts: Explaining The Use Of Russian Courts, Kathryn Hendley Oct 2012

The Puzzling Non-Consequences Of Societal Distrust Of Courts: Explaining The Use Of Russian Courts, Kathryn Hendley

Cornell International Law Journal

Russians' lack of trust in courts as an institution has been repeatedly documented through public opinion polling. Yet the caseload data show a steady increase in the use of courts by both individuals and firms in Russia. But these data cannot explain why Russians choose to use the courts. The Article makes use of two publicly available datasets grounded in representative surveys of Russian citizens and firms to investigate this puzzle. The existing literature assumes that the lack of legitimacy of courts in Russia forestalls use. While confirming the societal disdain for courts, the analysis reveals that this attitude has …


Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky Aug 2012

Korematsu V. United States: A Tragedy Hopefully Never To Be Repeated , Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


Intelligible Justice, Michael Serota Apr 2012

Intelligible Justice, Michael Serota

University of Miami Law Review

No abstract provided.


A Rejoinder To Lester Brickman: On The Theory Class's Theories Of Asbestos Litigation, Charles Silver Mar 2012

A Rejoinder To Lester Brickman: On The Theory Class's Theories Of Asbestos Litigation, Charles Silver

Pepperdine Law Review

No abstract provided.


A Rejoinder To The Rejoinder To On The Theory Class's Theories Of Asbestos Litigation, Lester Brickman Mar 2012

A Rejoinder To The Rejoinder To On The Theory Class's Theories Of Asbestos Litigation, Lester Brickman

Pepperdine Law Review

This short essay is a partial response to an essay by Professor Charles Silver contesting assertions I set forth in an article titled, "On The Theory Class's Theories of Asbestos Litigation: The Disconnect Between Scholarship and Reality", 31 Pepp. L. Rev. 33 (2003-04), in which I responded to several personal attacks against me by Professor Silver. Since Professor Silver was permitted to substantially add to his essay after I submitted my Rejoinder and I was not provided with these extensive additions, my response is necessarily incomplete. Professor Silver's essay is titled, "A Rejoinder to Lester Brickman", 32 Pepp. L. Rev. …


Blowing Hot Air: An Analysis Of State Involvement In Greenhouse Gas Litigation, Caroline Cecot Jan 2012

Blowing Hot Air: An Analysis Of State Involvement In Greenhouse Gas Litigation, Caroline Cecot

Vanderbilt Law Review

In Massachusetts v. EPA (2007), the U.S. Supreme Court interpreted the Clean Air Act ("CAA") to require the Environmental Protection Agency ("EPA") to regulate greenhouse gas emissions1 from motor vehicles if the EPA Administrator finds that the emissions endanger public health and welfare ("Endangerment Finding"). In December 2009, the Administrator made such an Endangerment Finding, obligating the EPA to work with the National Highway Traffic Safety Administration ("NHTSA") to develop average fuel economy and greenhouse gas emission standards for new light-duty vehicles. After issuing proposals and reviewing comments from the public, the two agencies announced their groundbreaking final regulation ("Tailpipe …