Law Commons^™

Markets, Democracy, And Ethnicity: Toward A New Paradigm For Law And Development, Amy L. Chua

Faculty Scholarship

No abstract provided.

Managing The Iatrogenic Risks Of Risk Management, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.

Erisa Preemption Of State And Local Laws On Domestic Partnership And Sexual Orientation Discrimination In Employment, Catherine Fisk

Faculty Scholarship

No abstract provided.

Regulating Dispute Resolution Provisions In Adhesion Contracts, Paul D. Carrington

Faculty Scholarship

No abstract provided.

To The Bone: Race And White Privilege, Jerome M. Culp

Faculty Scholarship

No abstract provided.

The Lawfulness Of Romer V. Evans, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Balancing The Rights Of Privacy And The Press: A Reply To Professor Smolla, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris

Faculty Scholarship

No abstract provided.

Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Redefining A Profession, Richard A. Danner

Faculty Scholarship

No abstract provided.

Concretizing Human Rights, Laurence R. Helfer

Faculty Scholarship

reviewing Francisco Forest Martin et al., International Human Rights Law and Practice: Cases, Treaties and Materials (1997)

Don’T Ask, Just Tell: Insider Trading After United States V. O’Hagan, Kimberly D. Krawiec, Richard W. Painter, Cynthia A. Williams

Faculty Scholarship

The United States Supreme Court validated the misappropriation theory in United States v. O'Hagan, but unfortunately rendered a confusing opinion that left many questions unresolved. In this article we discuss the history of the Supreme Court's Section 10(b) jurisprudence as it relates to insider trading, giving particular attention to the Court's insistence prior to O'Hagan that "a material misrepresentation or material failure to disclose," not merely a breach of fiduciary duty, must exist to impose liability under Section 10(b). We then discuss the pervasive inconsistencies among lower courts in interpreting the misappropriation theory, and how the O'Hagan decision does little …

The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer

Faculty Scholarship

In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department of Corrections …

Civil Liability For Pure Economic Loss Under American Tort Law, Herbert Bernstein

Faculty Scholarship

No abstract provided.

Privatautonomie Und Privatkodifikation – Zu Anwendbarkeit Und Geltung Allgemeiner Vertragsrechtsprinzipien, Ralf Michaels

Faculty Scholarship

No abstract provided.

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Faculty Scholarship

Constitutional rights are conventionally thought to be "personal" rights. The successful constitutional litigant is thought to have a valid claim that some constitutional wrong has or would be been done "to her"; the case of "overbreadth," where a litigant prevails even though her own conduct is permissibly regulated, is thought to be unique to the First Amendment. This "personal" or "as-applied" view of constitutional adjudication has been consistently and pervasively endorsed by the Supreme Court, and is standardly adopted by legal scholars.

In this Article, I argue that the conventional view is incorrect. Constitutional rights, I claim, are rights against …

The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Quo Vadis, Posadas?, William W. Van Alstyne

Faculty Scholarship

This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.

The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

The Treaty Power And American Federalism, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Choice Of Law Rules For International Securities Transactions?, James D. Cox

Faculty Scholarship

No abstract provided.

Removing The ‘Fuel Of Interest’ From The ‘Fire Of Genius’: Law And The Employee Inventor, 1830-1930, Catherine Fisk

Faculty Scholarship

No abstract provided.

Evidence, Proof And Persuasion In Wto Dispute Settlement - Who Bears The Burden?, Joost H. B. Pauwelyn

Faculty Scholarship

No abstract provided.

Indemnity Or Compensation? The Contract With America, Loser-Pays Attorney Fee Shifting, And A One-Way Alternative, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.

The Lawyer As Agent, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Can Constitutional Borrowing Be Justified? A Comment On Tushnet, Matthew D. Adler

Faculty Scholarship

No abstract provided.