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Articles 91 - 111 of 111
Full-Text Articles in Law
Criminal Law Scholarship: Three Illusions, Paul H. Robinson
Criminal Law Scholarship: Three Illusions, Paul H. Robinson
All Faculty Scholarship
The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of …
Don't Abandon The Model Penal Code Yet! Thinking Through Simons's Rethinking, Kimberly Kessler Ferzan
Don't Abandon The Model Penal Code Yet! Thinking Through Simons's Rethinking, Kimberly Kessler Ferzan
All Faculty Scholarship
No abstract provided.
Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank
Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Empirical Analysis And Administrative Law, Cary Coglianese
Empirical Analysis And Administrative Law, Cary Coglianese
All Faculty Scholarship
Empirical research has been used to study many areas of law, including administrative law. In this article Professor Coglianese discusses the current and future role of empirical research in understanding and improving administrative rulemaking. Criticism of government regulation and calls for regulatory reform have grown in the last few decades. Empirical research is a valuable tool for designing reforms that will truly improve the effectiveness, efficiency, and legitimacy of regulatory governance. Specifically, Professor Coglianese discusses three areas of administrative law that have benefited from empirical research—economic review of new regulations, judicial review of agency rulemaking, and negotiated rulemaking.
Agencies are …
Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle
Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle
All Faculty Scholarship
No abstract provided.
Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein
Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch
Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch
All Faculty Scholarship
The lead counsel auction has attracted increasing attention. Auction advocates argue that auctions introduce competitive market forces that improve the selection and compensation of class counsel. The benefits of the auction, the;' claim, include lower legal fees and better representation. Careful scrutiny reveals that auction advocates have overlooked substantial methodological problems with the design and implementation of the lead counsel auction. Even if these problems were overcome, the auction procedure is flawed: Auctions are poor tools for selecting firms based on multiple criteria, compromise the judicial role, and are unlikely to produce reasonable fee awards. Although the existing record is …
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Method And Principle In Legal Theory, Stephen R. Perry
Method And Principle In Legal Theory, Stephen R. Perry
All Faculty Scholarship
No abstract provided.
Put-Call Parity And The Law, Michael S. Knoll
Put-Call Parity And The Law, Michael S. Knoll
All Faculty Scholarship
A common literary theme is the conflict between appearance and reality. That conflict also frequently arises in the law, where it is usually cast as one between substance and form. Another discipline in which the conflict arises is finance, where it appears in the put-call parity theorem. That theorem states that given any three of the four following financial instruments--a riskless zero-coupon bond, a share of stock, a call option on the stock, and a put option on the stock--the fourth instrument can be replicated. Thus, the theorem implies that any financial position containing these assets can be constructed in …
Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky
Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky
All Faculty Scholarship
No abstract provided.
Dangerous Liaisons: Corporate Law, Trust Law, And Interdoctrinal Legal Transplants, Edward B. Rock, Michael L. Wachter
Dangerous Liaisons: Corporate Law, Trust Law, And Interdoctrinal Legal Transplants, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
Meeting By Signals, Playing By Norms: Complementary Accounts Of Non-Legal Cooperation In Institutions, Edward B. Rock, Michael L. Wachter
Meeting By Signals, Playing By Norms: Complementary Accounts Of Non-Legal Cooperation In Institutions, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
Corporate Ownership Structure And The Evolution Of Bankruptcy Law: Lessons From The United Kingdom, John Armour, Brian R. Cheffins, David A. Skeel Jr.
Corporate Ownership Structure And The Evolution Of Bankruptcy Law: Lessons From The United Kingdom, John Armour, Brian R. Cheffins, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Reconsidering Estoppel: Patent Administration And The Failure Of Festo, R. Polk Wagner
Reconsidering Estoppel: Patent Administration And The Failure Of Festo, R. Polk Wagner
All Faculty Scholarship
Last Term, in Festo Corporation v. Shoketsu Kinzoku Kogyo Kabashuki Co., the United States Supreme Court missed perhaps the most important opportunity for patent law reform in two decades. At the core of the failure to grasp the implications of "prosecution history estoppel" - a judicially-crafted principle limiting the enforceable scope of patents based on acts occurring during their application process - is the heretofore universal (but ultimately unsupportable) view of the doctrine as an arbitrary ex post limitation on patent scope. This Article demonstrates the serious flaws in this traditionalist approach, and develops a new theory of prosecution history …
Enron And The Dark Side Of Shareholder Value, William W. Bratton
Enron And The Dark Side Of Shareholder Value, William W. Bratton
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No abstract provided.
Vertical Integration And Media Regulation In The New Economy, Christopher S. Yoo
Vertical Integration And Media Regulation In The New Economy, Christopher S. Yoo
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Recent mergers and academic commentary have placed renewed focus on what has long been one of the central issues in media policy: whether media conglomerates can use vertical 'integration to harm competition. This Article seeks to move past previous studies, which have explored limited aspects of this issue, and apply the full sweep of modern economic theory to evaluate the regulation of vertical integration in media-related industries. It does so initially by applying the basic static efficiency analyses of vertical integration developed under the Chicago and post-Chicago Schools of antitrust law and economics to three industries: broadcasting, cable television, and …
Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea
Can Law And Economics Be Both Practical And Principled?, David A. Hoffman, Michael P. O'Shea
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This article describes important recent developments in normative law and economics, and the difficulties they create for the project of efficiency-based legal reform. After long proceeding without a well articulated moral justification for using economic decision procedures to choose legal rules, scholars have lately begun to devote serious attention to developing a philosophically attractive definition of well-being. At the same time, the empirical side of law and economics is also being enriched with an improved understanding of the complexities of individuals' decision-making behavior. That is where the problems begin. Scholars may have better, more plausible conceptions of well-being in hand, …
Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts
Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts
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No abstract provided.
The Paradox Of Delegation: Interpreting The Federal Rules Of Civil Procedure, Catherine T. Struve
The Paradox Of Delegation: Interpreting The Federal Rules Of Civil Procedure, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward B. Rock
Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward B. Rock
All Faculty Scholarship
No abstract provided.