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Articles 1 - 30 of 79
Full-Text Articles in Law
Foreign Investments And The Market For Law, Susan Franck
Foreign Investments And The Market For Law, Susan Franck
Articles in Law Reviews & Other Academic Journals
In this Article, Professors O'Hara O'Connor and Franck adapt and extend Larry Ribstein's positive framework for analyzing the role of jurisdictional competition in the law market. Specifically, the authors provide an institutional framework focused on interest group representation that can be used to balance the tensions underlying foreign investment law, including the desire to compete to attract investments and countervailing preferences to retain domestic policy-making discretion. The framework has implications for the respective roles of BITs and investment contracts as well as the inclusion and interpretation of various foreign investment provisions.
When Things Went Terribly, Terribly Wrong Part Ii, Steven L. Winter
When Things Went Terribly, Terribly Wrong Part Ii, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Deal Leaves Court Issues Unresolved, Bruce Ledewitz
Deal Leaves Court Issues Unresolved, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Fearless Friday: Gettysburg Anti-Capitalist Collective, Christina L. Bassler
Fearless Friday: Gettysburg Anti-Capitalist Collective, Christina L. Bassler
SURGE
The Gettysburg Anti-Capitalist Collective, also known as GACC, is a recent yet active addition to the campus community. Through their participation in debates, weekly meetings, and organization of events (most notably Wednesday night’s concert featuring political activists Evan Greer and Anne Feeney), GACC provides a forum for discussing and learning about leftist politics. On a campus that many would describe as highly conservative, GACC and its members are nothing short of fearless. [excerpt]
Criminalizing Politics, Jeffrey Bellin
The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law, Shi-Ling Hsu
The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Angela Harris: The Person, The Teacher, The Scholar, Rachel F. Moran
Angela Harris: The Person, The Teacher, The Scholar, Rachel F. Moran
Faculty Scholarship
Angela Harris has written eloquently about the creative tensions that define her as a person, a teacher, and a scholar. She has explored the challenges of maintaining a private identity when called upon to share her life experience with a public audience, whether in the classroom, at a conference, or in an essay. She has reflected on the ways in which legal teaching privileges reason over emotion, wondering whether this dynamic impoverishes the exchange of ideas and undervalues the joy that can motivate a caring advocate. And, she has explored the dialectic between identity politics and the structural forces that …
Trade, Bert Chapman
Trade, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.
Revenue, U.S. Government, Bert Chapman
Revenue, U.S. Government, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of U.S. Government revenue receipts and spending during the early years of national history. Presents revenue generation statistics, information on revenue sources, and information on domestic and international political and economic factors affecting government revenue receipts.
Unitary Innovations And Political Accountability, Edward H. Stiglitz
Unitary Innovations And Political Accountability, Edward H. Stiglitz
Cornell Law Faculty Publications
An important trend in administrative and constitutional law is to attempt to concentrate ever-greater control over the administrative state in the hands of the President. As the Supreme Court recently reminded us in Free Enterprise Fund v. Public Company Accounting Oversight Board, one foundation for this doctrinal trend is a fear that diffusing power diffuses accountability. Here, I study whether institutional innovations resulting from such judicial decisions support this functionalist constitutional value of political accountability, emphasizing under-appreciated complications arising out of interbranch relations. For most of the Article, I conduct an indepth empirical case study of the legislative veto, one …
The Price Of Privacy, 1973 To The Present, Mary Ziegler
The Price Of Privacy, 1973 To The Present, Mary Ziegler
Scholarly Publications
The legal academy has not been kind to the privacy rationale set forth in Roe v. Wade. Roe is seen to have promoted a single-issue agenda based on the importance of privacy and choice. Because Roe so quickly came under attack, its defense became a priority, and activists speaking out in favor of the opinion felt encouraged to defend it on its own terms. If the abortion issue were a matter of ordinary politics rather than constitutional law, the argument goes, activists would be free to develop more compelling claims for reproductive rights and to pursue a broader reproductive-health …
Personal Is Political For Roberts Court, Eric J. Segall
Personal Is Political For Roberts Court, Eric J. Segall
Faculty Publications By Year
No abstract provided.
Book Review. Somin, Ilya, Democracy And Political Ignorance: Why Smaller Government Is Smarter, Steve Sanders
Book Review. Somin, Ilya, Democracy And Political Ignorance: Why Smaller Government Is Smarter, Steve Sanders
Articles by Maurer Faculty
No abstract provided.
A Revolution At War With Itself? Preserving Employment Preferences From Weber To Ricci, Sophia Z. Lee
A Revolution At War With Itself? Preserving Employment Preferences From Weber To Ricci, Sophia Z. Lee
All Faculty Scholarship
Two aspects of the constitutional transformation Bruce Ackerman describes in The Civil Rights Revolution were on a collision course, one whose trajectory has implications for Ackerman’s account and for his broader theory of constitutional change. Ackerman makes a compelling case that what he terms “reverse state action” (the targeting of private actors) and “government by numbers” (the use of statistics to identify and remedy violations of civil rights laws) defined the civil rights revolution. Together they “requir[ed] private actors, as well as state officials, to . . . realize the principles of constitutional equality” and allowed the federal government to …
Voter Identification Laws: The Cost Of Voting And Voter Participation, Isaac Lindstrom
Voter Identification Laws: The Cost Of Voting And Voter Participation, Isaac Lindstrom
Celebrating Scholarship & Creativity Day (2011-2017)
No abstract provided.
Just Outcomes, Overreaching Rationales: How International Criminal Law's Achievements Augur Flawed Responses To Political Violence, Brad R. Roth
Law Faculty Research Publications
No abstract provided.
Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler
Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler
Scholarly Publications
On its fortieth anniversary, Roe v. Wade serves as the most prominent example of the damage judicial review can do to the larger society. Scholars from across the ideological spectrum have related how Roe helped to entrench the ideological positions held by those on either side of the abortion issue, precluding any form of productive compromise. This criticism, which the Article calls the “beyond backlash” argument, has profound legal consequences, serving as both a justification for overruling Roe and as a case study of the benefits of varying interpretive methods.
This Article reevaluates the beyond backlash claim through a careful …
Some Reflections On The Past, Present And State-Dependent Future Of Lotteries In American Gaming Law, Stephen J. Leacock
Some Reflections On The Past, Present And State-Dependent Future Of Lotteries In American Gaming Law, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
Partisan Gridlock In The Contiguous States: Credit Ratings, Economic Stability, And The Ramifications Of Political Competitiveness, Polarization, And Party Control In U.S. State Legislatures, 1992-2010, Logan Nee
Honors College
Today’s complex sociopolitical context features an increasing determent of fundamental bipartisan principles and negotiation at both the federal and state levels of government. A competitive political environment akin to post-Civil War times, amplified by growing partisan polarization and politicians’ quest for party allegiance and self-reward, pervasively discourages productive compromising efforts to work across the isle. We believe this hinders government’s sole and rather straightforward fiscal duty: to provide stable, healthy, and predictable economic conditions for its constituents. Credit ratings offer a window into the interaction of public policy, political uncertainty, and economic performance, which all lie at the nucleus of …
Ideology, Qualifications, And Covert Senate Obstruction Of Federal Court Nominations, Ryan J. Owens, Daniel E. Walters, Ryan C. Black, Anthony Madonna
Ideology, Qualifications, And Covert Senate Obstruction Of Federal Court Nominations, Ryan J. Owens, Daniel E. Walters, Ryan C. Black, Anthony Madonna
Faculty Scholarship
Scholars, policymakers, and journalists have bemoaned the emphasis on ideology over qualifications and party over performance in the judicial appointment process. Though, for years, the acrimony between the two parties and between the Senate and President remained limited to appointments to the United States Supreme Court, the modern era of judicial appointments has seen the so-called “appointments rigor mortis” spread throughout all levels of judicial appointments. A host of studies have examined the causes and consequences of the growing acrimony and obstruction of lower federal court appointments, but few rely on archival data and empirical evidence to examine the underlying …
Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes, Susan Franck
Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes, Susan Franck
Articles in Law Reviews & Other Academic Journals
International dispute settlement is an area of ongoing evaluation and tension within the international political economy. As states continue their negotiations for the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), the efficacy of international arbitration as a method of dispute settlement remains controversial. Whereas some sing its praises as a method of protecting private property interests against improper government interference, others decry investment treaty arbitration (ITA) as biased against states. The literature has thus far not disentangled how politics and development contribute to investment dispute outcomes. In an effort to control for the effect of internal …
Pa. Gay Marriage With An Exemption, Bruce Ledewitz
Pa. Gay Marriage With An Exemption, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans
Cornell Law Faculty Publications
No abstract provided.
Property's Ends: The Publicness Of Private Law Values, Gregory S. Alexander
Property's Ends: The Publicness Of Private Law Values, Gregory S. Alexander
Cornell Law Faculty Publications
Property theorists commonly suppose that property has as its ends certain private values, such as individual autonomy and personal security. This Essay contends that property’s real end is human flourishing, that is, living a life that is as fulfilling as possible. Human flourishing, although property’s ultimate end, is neither monistic nor simple. Rather, it is inclusive and comprises multiple values. Those values, the content of human flourishing, derives, at least in part, from an understanding of the sorts of beings we are―social and political. A consequence of this conception of the human condition is that the values that constitute human …
Outside Influence, Anthony Johnstone
Outside Influence, Anthony Johnstone
Faculty Law Review Articles
This article considers how much outside influence matters to the constitutional analysis of state politics. It defends the political community principle applied in Bluman v. Federal Election Comm’n as an exception to the otherwise universal speaker-neutrality rule of Citizens United v. Federal Election Comm’n. It draws parallels between efforts to police national and state boundaries in politics, and the competing rights claims of outsiders to cross those boundaries and participate fully in domestic politics. The article suggests that the structural constitutional principle of political community supports certain state regulations of outside influence across a range of political activities. Part I …
The Implausibility Of Secrecy, Mark Fenster
The Implausibility Of Secrecy, Mark Fenster
UF Law Faculty Publications
Government secrecy frequently fails. Despite the executive branch’s obsessive hoarding of certain kinds of documents and its constitutional authority to do so, recent high-profile events — among them the WikiLeaks episode, the Obama administration’s infamous leak prosecutions, and the widespread disclosure by high-level officials of flattering confidential information to sympathetic reporters — undercut the image of a state that can classify and control its information. The effort to control government information requires human, bureaucratic, technological, and textual mechanisms that regularly founder or collapse in an administrative state, sometimes immediately and sometimes after an interval. Leaks, mistakes, and open sources all …
Us Ambassador To Honduras Offers Tacit Support Of Brutal Crackdown, Lauren Carasik
Us Ambassador To Honduras Offers Tacit Support Of Brutal Crackdown, Lauren Carasik
Media Presence
No abstract provided.
Neoliberalism And The Good Daddies And Bad Daddies Of Academic Freedom, Stewart Chang
Neoliberalism And The Good Daddies And Bad Daddies Of Academic Freedom, Stewart Chang
Scholarly Works
In this micro symposium article, Professor Stewart Chang joins his colleagues in addressing the questions posed by Stanley Fish, in his article, "Versions of Academic Freedom: From Professionalism to Revolution." Professor Chang specifically seeks to answer "What is the relationship between academic freedom and democracy?" as applied to Singapore.
The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein
The American Liberty League And The Rise Of Constitutional Nationalism, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Corporate Law Constraints On Political Spending, James Kwak
Corporate Law Constraints On Political Spending, James Kwak
Faculty Articles and Papers
Corporations currently can participate in electoral politics in the United States through various means: affiliated PACs, super PACs, 501(c)(6) organizations like the Chamber of Commerce, 501(c)(4) social welfare organizations, and traditional 501(c)(3) charitable organizations. Corporate law, as generally interpreted by the courts, places few constraints on the ability of corporate insiders to engage in politics as they choose. I argue that existing statutes and case law could be interpreted to impose greater constraints on corporate political activity. Political contributions should be reviewed as potential violations of the duty of loyalty whenever they could provide personal benefits to board members and …