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Series

Articles

2013

Discipline
Institution
Keyword

Articles 1 - 30 of 385

Full-Text Articles in Law

Standing For The Structural Constitution, Aziz Huq Nov 2013

Standing For The Structural Constitution, Aziz Huq

Articles

No abstract provided.


Patent Invalidity Versus Noninfringement, Roger Ford Nov 2013

Patent Invalidity Versus Noninfringement, Roger Ford

Articles

No abstract provided.


Becoming A Fifth Branch, M. Todd Henderson, William A. Birdthistle Nov 2013

Becoming A Fifth Branch, M. Todd Henderson, William A. Birdthistle

Articles

No abstract provided.


Beyond Insolvency, Vincent Buccola Oct 2013

Beyond Insolvency, Vincent Buccola

Articles

No abstract provided.


Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood Oct 2013

Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood

Articles

No abstract provided.


Washington Trust Law's Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation, Karen E. Boxx, Katie S. Groblewski Oct 2013

Washington Trust Law's Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation, Karen E. Boxx, Katie S. Groblewski

Articles

Washington trust laws were comprehensively revised in 2011 and 2013, resulting in the integration of concepts from the Uniform Trust Code and the addition of some novel provisions. This article discusses in depth the evolution of Washington law regarding the duties to inform and report, the situs of a trust, and representation of interested parties. In addition, this article discusses other UTC provisions that were integrated into Washington statutes and gives an explanation of any departures from UTC language and prior Washington law.


The Boundaries Of The Moral (And Legal) Community, Brian Leiter Sep 2013

The Boundaries Of The Moral (And Legal) Community, Brian Leiter

Articles

No abstract provided.


Overstating The Satisfaction Of Lawyers, David L. Chambers Aug 2013

Overstating The Satisfaction Of Lawyers, David L. Chambers

Articles

Recent literature commonly reports US lawyers as disheartened and discontented, but more than two dozen statistically based studies report that the great majority of lawyers put themselves on the satisfied side of scales of job satisfaction. The claim of this article is that, in three ways, these statistically based studies convey an overly rosy impression of lawyers’ attitudes: first, that many of those who put themselves above midpoints on satisfaction scales are barely more positive than negative about their careers and often have profound ambivalence about their work; second, that surveys conducted at a single point in time necessarily fail ...


Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble Aug 2013

Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble

Articles

United States recovery plans contain biological information for a species listed under the Endangered Species Act and specify recovery criteria to provide basis for species recovery. The objective of our study was to evaluate whether recovery plans provide uncertainty (e.g., variance) with estimates of population size. We reviewed all finalized recovery plans for listed terrestrial vertebrate species to record the following data: (1) if a current population size was given, (2) if a measure of uncertainty or variance was associated with current estimates of population size and (3) if population size was stipulated for recovery. We found that 59 ...


Advertisements Impact The Physiological Efficacy Of A Branded Drug, Emir Kamenica, Robert Naclerio, Anup Malani Aug 2013

Advertisements Impact The Physiological Efficacy Of A Branded Drug, Emir Kamenica, Robert Naclerio, Anup Malani

Articles

No abstract provided.


Mock Trials And Real Justices And Judges, Richard A. Posner Aug 2013

Mock Trials And Real Justices And Judges, Richard A. Posner

Articles

No abstract provided.


We The People, They The People, And The Puzzle Of Democratic Constitutionalism, David A. Strauss Jun 2013

We The People, They The People, And The Puzzle Of Democratic Constitutionalism, David A. Strauss

Articles

No abstract provided.


Happiness Institutions, Jennifer Nou Jun 2013

Happiness Institutions, Jennifer Nou

Articles

No abstract provided.


Prison Policy In Times Of Austerity: Lessons From Ireland, Mary Rogan May 2013

Prison Policy In Times Of Austerity: Lessons From Ireland, Mary Rogan

Articles

The catastrophic collapse in the once booming Irish economy has led to swingeing budgets, huge falls in property prices, rising unemployment, cut backs in public services, and the ignominy of a bailout financed by the International Monetary Fund, the European Union and the European Central Bank. As has been the case for all aspects of public expenditure, prison policy-makers are now regularly using the language of efficiency and value for money when discussing plans for Ireland’s prisons. The state’s current economic woes are having some interesting effects on the direction of prison policy. Plans are afoot to reduce ...


The Hidden Costs Of Terrorist Watch Lists, Anya Bernstein May 2013

The Hidden Costs Of Terrorist Watch Lists, Anya Bernstein

Articles

No abstract provided.


Agency Self-Insulation Under Presidential Review, Jennifer Nou May 2013

Agency Self-Insulation Under Presidential Review, Jennifer Nou

Articles

Agencies possess enormous regulatory discretion. This discretion allows executive branch agencies in particular to insulate their decisions from presidential review by raising the costs of such review. They can do so, for example, through variations in policymaking form, cost-benefit analysis quality, timing strategies, and institutional coalition-building. This Article seeks to help shift the literature's focus on courtcentered agency behavior to consider instead the role of the President under current executive orders. Specifically, the Article marshals public-choice insights to offer an analytic framework for what it calls agency self-insulation under presidential review, illustrates the phenomenon, and assesses some normative implications ...


Well-Being Analysis Vs. Cost-Benefit Analysis, Jonathan Masur, John Bronsteen, Christopher Buccafusco May 2013

Well-Being Analysis Vs. Cost-Benefit Analysis, Jonathan Masur, John Bronsteen, Christopher Buccafusco

Articles

Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures, then using those dollar figures as proxies for quality of life, creates significant systemic errors. These problems have been lamented by many scholars, and recent calls have gone out from world leaders and prominent economists to find an alternative analytical device that would measure quality of life more directly. This Article proposes well-being analysis (WBA) as that alternative. Relying on data from studies in the field of hedonic psychology that track people's actual ...


Toward A Positive Theory Of Privacy Law, Lior Strahilevitz May 2013

Toward A Positive Theory Of Privacy Law, Lior Strahilevitz

Articles

No abstract provided.


A Textualist Approach To Purposivism In The Regulatory Arena, Linda Jellum Apr 2013

A Textualist Approach To Purposivism In The Regulatory Arena, Linda Jellum

Articles

No abstract provided.


Not Unwritten, After All? (Reviewing Akhil Reed Amar, America's Unwritten Constitution: The Precedents And Principles We Live By (2012)), David A. Strauss Apr 2013

Not Unwritten, After All? (Reviewing Akhil Reed Amar, America's Unwritten Constitution: The Precedents And Principles We Live By (2012)), David A. Strauss

Articles

No abstract provided.


The Problem Of Resource Access, Lee Anne Fennell Apr 2013

The Problem Of Resource Access, Lee Anne Fennell

Articles

The Coasean insight that transaction costs stand between the world as we know it and an ideal of perfect efficiency has provided generations of law and economics scholars with an analytic North Star But for legal scholars interested in the efficiency implications of property arrangements, transaction costs turn out to constitute an unhelpful category. Transaction costs are related to property rights in unstable and contested ways, and they comprise a heterogeneous set of impediments, not all of which are amenable to cost-effective reduction through law. Theating them as focal confuses the cause of our difficulties in structuring access to resources ...


Tiers Of Scrutiny In Enumerated Powers Jurisprudence, Aziz Huq Apr 2013

Tiers Of Scrutiny In Enumerated Powers Jurisprudence, Aziz Huq

Articles

This Article identifies and analyzes the recent emergence of a "tiers of scrutiny" system in Supreme Court jurisprudence respecting the boundaries of Congress's enumerated powers. The inquiry is motivated by the Court's recent ruling on the federal healthcare law, which demonstrated that the national legislature's election among its diverse textual sources of authority in Article I can have large, outcome-determinative consequences in constitutional challenges to federal laws. This is so because the Court not only delineates each power's substantive boundaries differently but also applies distinct standards of review to the various legislative powers enumerated in Article ...


Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Huq Apr 2013

Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Huq

Articles

No abstract provided.


Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog Apr 2013

Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog

Articles

Catharine MacKinnon likes to describe her view as radical feminism or feminism unmodified or feminism, full stop. And she likes to contrast it to liberal feminism, which she sometimes treats with caustic scorn. But is she right to see a contrast here?


Law And Local Activism: Uncovering The Civil Rights History Of Chambers V. Mississippi, Emily Prifogle Apr 2013

Law And Local Activism: Uncovering The Civil Rights History Of Chambers V. Mississippi, Emily Prifogle

Articles

Countless academics have examined and discussed the importance of Chambers v. Mississippi in a multitude of areas including compulsory due process, admission of hearsay, third party guilt evidence, false confessions, racial evaluations of hearsay and witnesses, and morally reasonable verdicts. In contrast, this article attempts to excavate the account of a rural Mississippi community’s struggle for rights that underlies the U.S. Supreme Court decision in Chambers. On its face, the case has no link or reference to the civil rights movement. However, this paper reveals that local civil rights activists took armed, direct economic action for equal rights ...


Revolution In Manipulation Law: The New Cftc Rules And The Urgent Need For Economic And Empirical Analyses, Rosa M. Abrantes-Metz, Gabriel V. Rauterberg, Andrew Verstein Mar 2013

Revolution In Manipulation Law: The New Cftc Rules And The Urgent Need For Economic And Empirical Analyses, Rosa M. Abrantes-Metz, Gabriel V. Rauterberg, Andrew Verstein

Articles

Three major banks have now admitted that their employees manipulated worldwide interest rates through the London Interbank Offered Rate (Libor), the most widely used interest rate index. Libor is the interest rate term for trillions of dollars of swaps and loans, and its manipulation may have been used to extract billions of dollars. These allegations come just as commodities manipulation law has been dramatically reformed and the Commodity Futures Trading Commission (CFTC) given vast new regulatory powers. This Article provides the first extended, scholarly analysis of the CFTC’s new anti-manipulation rules. We consider the difficulty the rules address: Commodities ...


Book Review (Reviewing Jack M. Balkin, Living Originalism (2011)), David A. Strauss Mar 2013

Book Review (Reviewing Jack M. Balkin, Living Originalism (2011)), David A. Strauss

Articles

No abstract provided.


Raising The Stakes In Patent Cases, Anup Malani, Jonathan Masur Mar 2013

Raising The Stakes In Patent Cases, Anup Malani, Jonathan Masur

Articles

No abstract provided.


Is Texas Hold 'Em A Game Of Chance? A Legal And Economic Analysis, Thomas J. Miles, Steven Levitt, Andrew M. Rosenfield Mar 2013

Is Texas Hold 'Em A Game Of Chance? A Legal And Economic Analysis, Thomas J. Miles, Steven Levitt, Andrew M. Rosenfield

Articles

In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), prohibiting the knowing receipt of funds for the purpose of unlawful gambling. The principal consequence of the UIGEA was the shutdown of the burgeoning online poker industry in the United States. Courts determine whether a game is prohibited gambling by asking whether skill or luck is the "dominant factor" in the game. We argue that courts' conception of a dominant factor— whether chance swamps the effect of skill in playing a single hand of poker—is unduly narrow. We develop four alternative tests to distinguish the impact of skill ...


Policy Preferences And Legal Interpretation, Anup Malani, Ward Farnsworth, Dustin F. Guzior Mar 2013

Policy Preferences And Legal Interpretation, Anup Malani, Ward Farnsworth, Dustin F. Guzior

Articles

No abstract provided.