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Articles 1 - 30 of 86
Full-Text Articles in Law
Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes
Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes
Faculty Scholarship
No abstract provided.
When All Of Us Are Victims: Juror Prejudice And ‘Terrorist’ Trials, Neil Vidmar
When All Of Us Are Victims: Juror Prejudice And ‘Terrorist’ Trials, Neil Vidmar
Faculty Scholarship
No abstract provided.
The Cracked Foundations Of The Right To Secede, Donald L. Horowitz
The Cracked Foundations Of The Right To Secede, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Asbestos Legislation I: A Defined Contribution Plan, Francis Mcgovern
Asbestos Legislation I: A Defined Contribution Plan, Francis Mcgovern
Faculty Scholarship
No abstract provided.
Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, James Salzman, J.B. Ruhl
Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, James Salzman, J.B. Ruhl
Faculty Scholarship
No abstract provided.
Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington
Incorrect Speech, Incorrect Hearing: A Problem Of Postmodern Legal Education, Paul D. Carrington
Faculty Scholarship
No abstract provided.
What Exactly Is Racial Diversity?, Devon W. Carbado, Mitu Gulati
What Exactly Is Racial Diversity?, Devon W. Carbado, Mitu Gulati
Faculty Scholarship
No abstract provided.
The ‘Blaine’ Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
The ‘Blaine’ Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
Faculty Scholarship
It is my view that efforts to force states to fund religious schools through voucher plans or otherwise will and should fail. My reasons for this conclusion are two-fold. First, there is no viable federal constitutional argument that states are required to fund religious institutions, including religious schools. Second, there are excellent reasons why the funding of religious institutions is very bad and dangerous policyââ¬âreasons which states are free to use as the groundings for their own policies, and which the decision in Zelman has left untouched.
The Trouble With Global Constitutionalism, Ernest A. Young
The Trouble With Global Constitutionalism, Ernest A. Young
Faculty Scholarship
No abstract provided.
Legal Transitions: Some Welfarist Remarks, Matthew D. Adler
Legal Transitions: Some Welfarist Remarks, Matthew D. Adler
Faculty Scholarship
This essay offers a sympathetic, utilitarian critique of Louis Kaplow's famous argument for legal retroactivity in his 1986 article, "An Economic Analysis of Legal Transitions." The argument, very roughly, is that the prospect of retroactivity is desirable if citizens are rational because it gives them a desirable incentive to anticipate legal change. My central claim is that this argument trades upon a dubious, objective view of probability that assumes rational citizens assign the same probabilities to states as rational governmental officials. But it is subjective, not objective probabilities that bear on rational choice, and the subjective probabilities of rational citizens …
Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler
Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler
Faculty Scholarship
Is death a harm? Is the risk of death a harm? These questions lie at the foundations of risk regulation. Agencies that regulate threats to human life, such as the EPA, OSHA, the FDA, the CPSC, or NHTSA, invariably assume that premature death is a first-party harm - a welfare setback to the person who dies - and often assume that being at risk of death is a distinct and additional first-party harm. If these assumptions are untrue, the myriad statutes and regulations that govern risky activities should be radically overhauled, since the third-party benefits of preventing premature death and …
Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang
Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang
Faculty Scholarship
No abstract provided.
Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale
Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale
Faculty Scholarship
No abstract provided.
The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie
The Importance Of Recognizing The Underlying Assumptions Of Legal And Moral Arguments: Of Law And Rawls, George C. Christie
Faculty Scholarship
No abstract provided.
A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks
A Flawed Search For Bias In The American Bar Association’S Ratings Of Prospective Judicial Nominess: A Critique Of The Lindgren Study, Neil Vidmar, Michael J. Saks
Faculty Scholarship
No abstract provided.
Environmental Tribalism, James Salzman, Douglas A. Kysar
Environmental Tribalism, James Salzman, Douglas A. Kysar
Faculty Scholarship
No abstract provided.
Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles
Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles
Faculty Scholarship
Reviewing, Bruce Ackerman & Ian Ayers, Voting with Dollars: A New Paradigm for Campaign Finance (2002)
Book Review: Dekker, The Invisible Line, Joseph Blocher
Book Review: Dekker, The Invisible Line, Joseph Blocher
Faculty Scholarship
Reviewing Henri A.L. Dekker, The Invisible Line: Land Reform, Land Tenure Security and Land Registration (2003)
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
The Law And Economics Of Critical Race Theory, Mitu Gulati, Devon W. Carbado
Faculty Scholarship
Legal academics often perceive law and economics (L&E) and critical race theory (CRT) as oppositional discourses. Using a recently published collection of essays on CRT as a starting point, we argue that the understanding of workplace discrimination can be furthered through a collaboration between L&E and CRT. L&E's strength is in its attention to incentives and norms, specifically its concern with explicating how norms incentivize behavior. Its limitation is that it treats race as exogenous and static. Thus, the literature fails to consider how institutional norms affect, and are affected by, race. To put the point another way, L&E does …
Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky
Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
A Comment On New York Times V. Tasini, David L. Lange
A Comment On New York Times V. Tasini, David L. Lange
Faculty Scholarship
No abstract provided.
Three Generations Of Participation Rights In European Administrative Proceedings, Francesca E. Bignami
Three Generations Of Participation Rights In European Administrative Proceedings, Francesca E. Bignami
Faculty Scholarship
This paper develops a conceptual framework for analyzing the development of participation rights in Community administration from the early 1970's to the present day. Procedural rights can be divided into three categories, each of which is associated with a distinct phase in Community history and a particular set of institutional actors. The first set of rights, the right to a fair hearing when the Commission inflicts sanctions or other forms of hardship on individuals, first emerged in the 1970's in the context of competition proceedings and later in areas such as anti-dumping and structural funds. This phase was driven by …
Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky
Understanding The Rehnquist Court: An Admiring Reply To Professor Merril, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Segregation And Resegregation Of American Public Education: The Court’S Role, Erwin Chemerinsky
The Segregation And Resegregation Of American Public Education: The Court’S Role, Erwin Chemerinsky
Faculty Scholarship
Schools in the South and throughout the country are resegregating. Why is this occuring, and why were desegregation efforts limited in their success? This Essay argues that the Supreme Court is largely to blame. In a series of decisions in the 1970's, the Court ensured separate and unequal schools by preventing inderdistrict remedies, refusing to find that inequities in school funding are unconstitutional, and making it difficult to prove a constitutional violation in northern de facto segregated school systems. In a series of decisions in the 1990's, the Court ordered an end to effective desegregation orders. Lower federal courts have …
More On Lazy Rules: Remarks At The Investiture Of Ira Mark Ellman, Katharine T. Bartlett
More On Lazy Rules: Remarks At The Investiture Of Ira Mark Ellman, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
On Rankings, A Response To Mitchell Berger, Paul D. Carrington
On Rankings, A Response To Mitchell Berger, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The Limits Of Litigation: ‘Americanization’ And Negotiation In The Settlement Of Wto Disputes, Joost H. B. Pauwelyn
The Limits Of Litigation: ‘Americanization’ And Negotiation In The Settlement Of Wto Disputes, Joost H. B. Pauwelyn
Faculty Scholarship
This Article examines the extent to which World Trade Organization WTO) dispute settlement is "Americanized." It scrutinizes three features of the WTO mechanism for proof of "Americanization": the right to a panel, the legalization of the panel process, and the bilateral and adversarial nature of the WTO dispute settlement system. Recognizing the many benefits linked to these three features, the Article then identifies some of the problems that have accompanied them. Finally, the Article suggests ways to remedy those problems focusing, in particular, on how trade disputes could be settled other than through bilateral state-to-state litigation. In that sense, the …
Commercial Trusts As Business Organizations: Unraveling The Mystery, Steven L. Schwarcz
Commercial Trusts As Business Organizations: Unraveling The Mystery, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Juror Discussions During Civil Trials: Studying An Arizona Innovation, Neil Vidmar, Shari S. Diamond, Mary R. Rose, René Stemple Ellis
Juror Discussions During Civil Trials: Studying An Arizona Innovation, Neil Vidmar, Shari S. Diamond, Mary R. Rose, René Stemple Ellis
Faculty Scholarship
No abstract provided.
Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller
Admissibility Of Fruits Of Breached Evidentiary Privileges: The Importance Of Adversarial Fairness, Party Culpability, And Fear Of Immunity, Robert P. Mosteller
Faculty Scholarship
No abstract provided.