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Articles 1 - 30 of 78
Full-Text Articles in Law
After Intersectionality, Robert S. Chang, Jerome Mccristal Culp Jr.
After Intersectionality, Robert S. Chang, Jerome Mccristal Culp Jr.
Faculty Scholarship
No abstract provided.
Terrorism, The Use Of Force And International Law After 11 September, Michael Byers
Terrorism, The Use Of Force And International Law After 11 September, Michael Byers
Faculty Scholarship
No abstract provided.
Abuse Of Rights: An Old Principle, A New Age, Michael Byers
Abuse Of Rights: An Old Principle, A New Age, Michael Byers
Faculty Scholarship
No abstract provided.
Comparing Precaution In The United States And Europe, Jonathan B. Wiener, Michael D. Rogers
Comparing Precaution In The United States And Europe, Jonathan B. Wiener, Michael D. Rogers
Faculty Scholarship
The regulation of health and environmental risks has generated transatlantic controversy concerning precaution and the precautionary principle (PP). Conventional wisdom sees the European Union endorsing the PP and proactively regulating uncertain risks, while the United States opposes the PP and waits for evidence of harm before regulating. Without favouring either approach, this paper critically analyses the conventional depiction of transatlantic divergence. First, it reviews several different versions of the PP and their different implications. Second, it broadens the transatlantic comparison of precaution beyond the typical focus on single-risk examples, such as genetically modified foods. Through case studies, including hormones in …
Selecting Pennsylvania Judges In The Twenty-First Century, Paul D. Carrington, Adam R. Long
Selecting Pennsylvania Judges In The Twenty-First Century, Paul D. Carrington, Adam R. Long
Faculty Scholarship
No abstract provided.
Whirlwind Tour Of The Internal Revenue Code’S At-Risk And Passive Activity Loss Rules, Lawrence A. Zelenak, Boris I. Bittker, Martin J. Mcmahon
Whirlwind Tour Of The Internal Revenue Code’S At-Risk And Passive Activity Loss Rules, Lawrence A. Zelenak, Boris I. Bittker, Martin J. Mcmahon
Faculty Scholarship
No abstract provided.
The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.
The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.
Faculty Scholarship
One of the central concerns about American policy making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal - is extensive, there is very little scholarship which examines how the interdependencies between institutions affects the strategies of groups. In this paper we examine in a formal theoretical model how the opportunity to litigate administrative rulemaking in the courts affects the lobbying strategies of competing interest groups at the rulemaking stage. Using a resource-based view of group activity, we develop a …
Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai
Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai
Faculty Scholarship
In the absence of a specialized patent trial court with expertise in fact-finding, the Court of Appeals for the Federal Circuit often reviews de novo the many factual questions that pervade patent law. De novo review of fact by an appellate court is problematic. In the area of patent law, as in other areas of law, there are sound institutional justifications for the conventional division of labor that gives trial courts primary responsibility for questions of law. This Article identifies the problems created by de novo appellate review of fact and argues for the creation of a specialized trial court …
The Process Of Managing Medical Malpractice Cases: The Role Of The Standard Of Care, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
The Process Of Managing Medical Malpractice Cases: The Role Of The Standard Of Care, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Faculty Scholarship
In medical malpractice litigation, how the standard of care is determined is of obvious importance, since failure by a defendant-physician to meet the relevant standard of care constitutes negligence. Any effort to reform how standard-of-care determinations are made should start with an understanding of the entire claims resolution process. The usual image--that of opposing experts testifying at trial--is both incomplete and misleading. Most cases are either settled by the parties or abandoned by the plaintiff, short of trial. We reviewed insurers' closed claims files, representing a sample of medical malpractice lawsuits filed in North Carolina between 1991 and 1995, as …
The Alien Tort Statute And Article Iii, Curtis A. Bradley
The Alien Tort Statute And Article Iii, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai
Genetic Interventions: (Yet) Another Challenge To Allocating Health Care, Arti K. Rai
Faculty Scholarship
No abstract provided.
The Income Tax And The Costs Of Earning A Living, Lawrence A. Zelenak
The Income Tax And The Costs Of Earning A Living, Lawrence A. Zelenak
Faculty Scholarship
No abstract provided.
Pharmacogenetic Interventions, Orphan Groups, And Distributive Justice: The Role Of Cost-Benefit Analysis, Arti K. Rai
Pharmacogenetic Interventions, Orphan Groups, And Distributive Justice: The Role Of Cost-Benefit Analysis, Arti K. Rai
Faculty Scholarship
No abstract provided.
Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington
Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Of Course Ideology Should Matter In Judicial Selection, Erwin Chemerinsky
Of Course Ideology Should Matter In Judicial Selection, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young
Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young
Faculty Scholarship
The European Union's ongoing "Convention on the Future of Europe" must tackle a fundamental issue of federalism: the balance between central authority and Member State autonomy. In this article, Ernest Young explores two strategies for protecting federalism in America - imposing substantive limits on central power and relying on political and procedural safeguards - and considers their prospects in Europe. American experience suggests that European attempts to limit central power by enumerating substantive "competencies" for Union institutions are unlikely to hold up, and that other substantive strategies such as the concept of "subsidiarity" tend to work best as political imperatives …
U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley
U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Negotiations Goes To War, Charles J. Dunlap Jr., Paula B. Mccarron
Negotiations Goes To War, Charles J. Dunlap Jr., Paula B. Mccarron
Faculty Scholarship
No abstract provided.
Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles
Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles
Faculty Scholarship
Baker v. Carr is one of the Supreme Court's most important opinions, not least because its advent signaled the constitutionalization of democracy. Unfortunately, as is typical of the Court's numerous forays into democratic politics, the decision is not accompanied by an apparent vision of the relationship among democratic practice, constitutional law, and democratic theory. In this Article, Professor Charles revisits Baker and provides several democratic principles that he argues justifies the Court's decision to engage the democratic process. He examines the decision from the perspective of one of its chief contemporary critics, Justice Frankfurter. He sketches an approach, described as …
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
The Positive Political Theory Of Cost-Benefit Analysis: A Comment On Johnston, Matthew D. Adler
The Positive Political Theory Of Cost-Benefit Analysis: A Comment On Johnston, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Lobbying And Information In Politics, John M. De Figueiredo
Lobbying And Information In Politics, John M. De Figueiredo
Faculty Scholarship
No abstract provided.
Choice Of Law Problems Arising When Unmarried Cohabitants Change Domicile, William A. Reppy Jr.
Choice Of Law Problems Arising When Unmarried Cohabitants Change Domicile, William A. Reppy Jr.
Faculty Scholarship
This article explores choice of law problems that will arise when a court determines the property-based claims between cohabitants in situations where the pair began their cohabitation in one state before at least one of them moved to another state and after the breakup of the couple or the death of one of them. These choice of law issues affecting cohabitants are far more complex than the conflict of laws issues arrising when lawfully married couples change domicile, primarily because of lack of agreement among the states as to what legal theory controls the rights of unmarried cohabitants.
Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky
Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Community Enforcement Of Informal Contracts: Jewish Diamond Merchants In New York, Barak D. Richman
Community Enforcement Of Informal Contracts: Jewish Diamond Merchants In New York, Barak D. Richman
Faculty Scholarship
The diamond industry is home to many unusual features: the predominance of an ethnically homogeneous community of merchants, the norm of intergenerational family businesses, and a rejection of public courts in favor of private contract enforcement. This paper explains that the diamond industry's unique attributes arise specifically to meet the particularly rigorous hazards of transacting in diamonds. Since diamonds are portable, easily concealable, and extremely valuable, the risk associated with a credit sale can be especially costly. However, the industry enjoys valuable organizational efficiencies if transactions occur on credit between independent, fully incentivized agents. Thus, an efficient system of exchange …
The Impact Of Bankruptcy Reform On “True Sale” Determination In Securitization Transactions, Steven L. Schwarcz
The Impact Of Bankruptcy Reform On “True Sale” Determination In Securitization Transactions, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Private Ordering Of Public Markets: The Rating Agency Paradox, Steven L. Schwarcz
Private Ordering Of Public Markets: The Rating Agency Paradox, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Regulatory Traffic Jams, James Salzman, J.B. Ruhl, Kai-Sheng Song
Regulatory Traffic Jams, James Salzman, J.B. Ruhl, Kai-Sheng Song
Faculty Scholarship
No abstract provided.
Im Westen Nichts Neues? Zum Stand Der Rechtsvergleichung 100 Jahre Nach Dem Pariser Kongress - Gedanken Anlasslich Einer Jubilaumskonferenz In New Orleans [Nothing New In The West? On The State Of Comparative Law 100 Years After The Paris Congress - Reflections On The Occasion Of A Centennial Conference In New Orleans], Ralf Michaels
Faculty Scholarship
No abstract provided.
Designing Global Climate Regulation, Jonathan B. Wiener
Designing Global Climate Regulation, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.