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Full-Text Articles in Law

Just Wars With Unjust Allies: Use Of Force And Human Rights Considerations On The Russian Intervention In Syria, Brendan Delany Jan 2017

Just Wars With Unjust Allies: Use Of Force And Human Rights Considerations On The Russian Intervention In Syria, Brendan Delany

Minnesota Journal of International Law

No abstract provided.


Targeting Decisions And Consequences For Civilians In The Colombian Civil Strife, Aaron X. Fellmeth, Douglas J. Sylvester Jan 2017

Targeting Decisions And Consequences For Civilians In The Colombian Civil Strife, Aaron X. Fellmeth, Douglas J. Sylvester

Minnesota Journal of International Law

No abstract provided.


(Re)Discovering Duties: Individual Responsibility In The Age Of Rights, Fernando Berdion Del Valle, Kathryn Sikkink Jan 2017

(Re)Discovering Duties: Individual Responsibility In The Age Of Rights, Fernando Berdion Del Valle, Kathryn Sikkink

Minnesota Journal of International Law

No abstract provided.


Cuban Migration To The United States In A Post-Normalized Relations World, Kevin J. Fandl Jan 2017

Cuban Migration To The United States In A Post-Normalized Relations World, Kevin J. Fandl

Minnesota Journal of International Law

No abstract provided.


Human Rights Lost: The (Re)Making Of An American Story, Christopher N.J. Roberts Jan 2017

Human Rights Lost: The (Re)Making Of An American Story, Christopher N.J. Roberts

Minnesota Journal of International Law

No abstract provided.


U.S. Airlines And Antitrust: The Struggle For Defensible Policy Towards A Unique Industry, Daniel Gifford, Robert T. Kudrle Jan 2017

U.S. Airlines And Antitrust: The Struggle For Defensible Policy Towards A Unique Industry, Daniel Gifford, Robert T. Kudrle

Articles

No abstract provided.


Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett Mcdonnell Jan 2017

Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett Mcdonnell

Articles

This paper explores corporate governance challenges that will arise as benefit corporations, and social enterprise more generally, go public. Balancing accountability of managers with a firm commitment to both doing good and making money may prove particularly difficult in the context of firms with shares traded on public markets. This paper looks at early experiments in both public markets and individual companies. It considers various corporate governance mechanisms that may help social enterprises credibly commit to their dual missions. These mechanisms include disclosure, fiduciary duty, board representation, voting, and corporate gatekeepers. Exchanges specifically for social enterprises may play a useful …


Frontiers Of Sex Discrimination Law, Jessica Clarke Jan 2017

Frontiers Of Sex Discrimination Law, Jessica Clarke

Articles

A short time ago, the argument that sex discrimination includes discrimination on the basis of sexual orientation was considered a risky litigation tactic with little hope of success. One reason was the fear that extending sex discrimination law so far would upset all sex classifications, even those on restroom doors. But the landscape has shifted. The EEOC now takes the position that sex discrimination includes all forms of discrimination based on sexual orientation and gender identity. Administrative agencies interpret federal law to require that workers and students be allowed to use restrooms consistent with their gender identities. Some federal courts …


The Death Of The Firm, June Carbone, Nancy Levit Jan 2017

The Death Of The Firm, June Carbone, Nancy Levit

Articles

This Article maintains that the decision in Burwell v. Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the “death of the firm” as a unit of legal analysis in which business entities are treated as more than the sum of their parts and appropriate partners to advance not just commercial, but public ends. The Hobby Lobby reference to the firm as a fiction is a product of a decades-long shift in the treatment of corporations. This shift reflects both an ideological embrace of the free-market-oriented “agency-cost” …


Free Speech, Higher Education, And The Pc Narrative, Heidi Kitrosser Jan 2017

Free Speech, Higher Education, And The Pc Narrative, Heidi Kitrosser

Articles

No abstract provided.


The Value Of The Standard, Tom Cotter, Norman Siebrasse Jan 2017

The Value Of The Standard, Tom Cotter, Norman Siebrasse

Articles

Standard-setting organizations (SSOs) often require member firms to license their standard-essential patents (SEPs) on undefined “fair, reasonable, and nondiscriminatory” (FRAND) terms. Courts and commentators in turn have proposed various principles for calculating FRAND royalties, among them that the royalty should not reflect “the value of the standard.” As we show, however, this principle could be understood to mean any or all of three distinct concepts, namely that the royalty should not reflect the implementer’s sunk costs; that the patentee should not be able to extract any of the value resulting from network effects; or that the royalty should be proportionate …


Implementing Proportionality, Perry Moriearty Jan 2017

Implementing Proportionality, Perry Moriearty

Articles

Over the last fourteen years, the Supreme Court has issued five decisions that impose substantive constraints on our harshest punishments -- forbidding the execution of those with “mental retardation” in Atkins v. Virginia, of juveniles in Roper v. Simmons, and of those convicted of child sexual assault in Kennedy v. Louisiana, and forbidding the sentence of life without parole for juveniles who had not killed in Graham v. Florida and for all juveniles when it is imposed mandatorily in Miller v. Alabama. Because the offenders in question were categorically less culpable, the proscribed punishment was disproportionately severe, the Court held. …


Coverage Information In Insurance Law, Daniel Schwarcz Jan 2017

Coverage Information In Insurance Law, Daniel Schwarcz

Articles

The central goal of insurance law is to clarify, produce, and disseminate information about the scope of insurers’ coverage obligations to policyholders. This Article examines how insurance law and regulation seek to achieve these objectives, and to what ends. To do so, it distinguishes among three different types of coverage information: (i) purchaser information, or coverage information that is communicated to policyholders at any time during the purchasing process; (ii) policy information, or coverage information that is contained within the four corners of the insurance policy; and (iii) judicial information, or coverage information that is ascertainable only after researching judicial …


Moore’S Potential, June Carbone, Naomi Cahn Jan 2017

Moore’S Potential, June Carbone, Naomi Cahn

Articles

No abstract provided.


Employee Handbooks And Policy Statements: From Gratuities To Contracts And Back Again, Stephen Befort Jan 2017

Employee Handbooks And Policy Statements: From Gratuities To Contracts And Back Again, Stephen Befort

Articles

No abstract provided.


Free Speech And National Security Bootstraps, Heidi Kitrosser Jan 2017

Free Speech And National Security Bootstraps, Heidi Kitrosser

Articles

No abstract provided.


Unresolved Legal Questions Concerning Operation Inherent Resolve, Oren Gross Jan 2017

Unresolved Legal Questions Concerning Operation Inherent Resolve, Oren Gross

Articles

No abstract provided.


Future-Proofing Energy Transport Law, Alexandra Klass Jan 2017

Future-Proofing Energy Transport Law, Alexandra Klass

Articles

No abstract provided.


The Human Rights Of Non-Citizens: Constitutionalized Treaty Law In Ecuador, Steve Meili Jan 2017

The Human Rights Of Non-Citizens: Constitutionalized Treaty Law In Ecuador, Steve Meili

Articles

No abstract provided.


The 2016 Stein Lecture: A Conversation Between U.S. Supreme Court Justice Sonia Sotomayor And Professor Robert A. Stein, Robert Stein, Sonia Sotomayor Jan 2017

The 2016 Stein Lecture: A Conversation Between U.S. Supreme Court Justice Sonia Sotomayor And Professor Robert A. Stein, Robert Stein, Sonia Sotomayor

Articles

No abstract provided.


The Impact Of Individualized Feedback On Law Student Performance, Daniel Schwarcz, Dion Farganis Jan 2017

The Impact Of Individualized Feedback On Law Student Performance, Daniel Schwarcz, Dion Farganis

Articles

No abstract provided.


Life Cycle Analysis And Transportation Energy, Alexandra Klass, Andrew Heiring Jan 2017

Life Cycle Analysis And Transportation Energy, Alexandra Klass, Andrew Heiring

Articles

No abstract provided.


My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld Jan 2017

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld

Articles

No abstract provided.


Banker Behavior And The Individualist Ethos, Claire Hill Jan 2017

Banker Behavior And The Individualist Ethos, Claire Hill

Articles

No abstract provided.


Reconstituting The Federalism Battle In Energy Transportation, Alexandra Klass, Jim Rossi Jan 2017

Reconstituting The Federalism Battle In Energy Transportation, Alexandra Klass, Jim Rossi

Articles

No abstract provided.


Chevron’S Inevitability, Kristin Hickman, Nicholas R. Bednar Jan 2017

Chevron’S Inevitability, Kristin Hickman, Nicholas R. Bednar

Articles

No abstract provided.


Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett Mcdonnell Jan 2017

Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett Mcdonnell

Articles

No abstract provided.


Expanding The U.S. Electric Transmission And Distribution Grid To Meet Deep Decarbonization Goals, Alexandra Klass Jan 2017

Expanding The U.S. Electric Transmission And Distribution Grid To Meet Deep Decarbonization Goals, Alexandra Klass

Articles

No abstract provided.


Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire Hill Jan 2017

Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire Hill

Articles

No abstract provided.


Parents, Babies, And More Parents, June Carbone, Naomi Cahn Jan 2017

Parents, Babies, And More Parents, June Carbone, Naomi Cahn

Articles

No abstract provided.