Law Commons^™

Crafting True Immigration Reform, Richard A. Boswell

Faculty Scholarship

No abstract provided.

Dangerous Loans: Consumer Challenges To Adjustable Rate Mortgages, Jo Carrillo

Faculty Scholarship

No abstract provided.

Rethinking Compensation For Mental Distress: A Critique Of The Restatement (Third) §§ 45-47, John L. Diamond

Faculty Scholarship

No abstract provided.

The Scale Of Networks?: Local Climate Change Coalitions, Hari M. Osofsky, Janet Koven Levit

Chicago Journal of International Law

Spring 2007 was a heady time for climate advocates. The fourth report of the Intergovernmental Panel on Climate Change expressed an overwhelming scientific consensus that anthropogenic climate change is a serious problem. The US Supreme Court not only addressed climate change for the first time, but also found that the US Environmental Protection Agency ("EPA") had abused its discretion in denying a petition asking it to regulate motor vehicle emissions . The UN Security Council also took an initial look at climate change, with a ranging debate over its security implications. Amid that furor, it is perhaps unsurprising that another …

Signature Identification In The Light Of Science And Experience, Roger C. Park

Faculty Scholarship

No abstract provided.

Conceptual Hurdles To The Application Of Atkins V. Virginia, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

The Evolution Of "Fred": Family Responsibilities Discrimination And Developments In The Law Of Stereotyping And Implicit Bias, Joan C. Williams, Stephanie Bornstein

Faculty Scholarship

No abstract provided.

Gentlemen Under Fire: The U.S. Military And "Conduct Unbecoming", Elizabeth L. Hillman

Faculty Scholarship

No abstract provided.

Will Penal Populism In Japan Decline?: A Discussion, Setsuo Miyazawa

Faculty Scholarship

I intend to play the role of discussant at a session where five papers have been presented and to draw implications from the perspective I presented in Miyazawa (2007a ). I revise my thesis about penal populism in Japan slightly using the concept of "leadership from the front "presented by Johnson .However, I still conclude that penal populism in Japan is not likely to decline in the near future.

How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa

Faculty Scholarship

We have in this volume four articles on legal change in China and Japan written by four distinguished authors. These articles vary with regard to subject state, specificity of issues, and breadth of analytical scope. They commonly discuss one factor, however: culture. The purpose of this Comment is to examine the way each article uses culture in its explanations of legal change. The Comment concludes with a brief suggestion, from a social movement perspective, on employing culture as an explanatory tool in a non-essentialist way.

Dole’S Future: A Strategic Analysis, Neil S. Siegel

Faculty Scholarship

As the U.S. Supreme Court imposes federalism-based limits on congressional power under the Commerce Clause and Section Five of the Fourteenth Amendment, Congress may be tempted to turn to the conditional spending power in order to achieve goals that it may not accomplish directly. In this article, I address whether a danger exists, as some suggest, that such use of the Spending Clause would render the Court more likely to cut back on its scope, narrowing or overruling South Dakota v. Dole, 483 U.S. 203 (1987). Using doctrinal analysis and game theory, I conclude that Congress should proceed with …

Constitutional Possibilities, Lawrence B. Solum

Faculty Scholarship

What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment of structural provisions of the Constitution of 1789. Such proposals are conventionally understood as placing constitutional options on the table as real options for constitutional change. Normative constitutional theory asks the question whether these options are desirable - whether political actors (citizens, legislators, executives, or judges) should take action to bring about …

The Transformation Of International Comity, Joel R. Paul

Faculty Scholarship

No abstract provided.

Equal Liberty: Assisted Reproductive Technology And Reproductive Equality, Radhika Rao

Faculty Scholarship

No abstract provided.

The Administrative State, Front And Center: Studying Law And Administration In Postwar America, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

The Restructuring Of Legal Education Along Functional Lines, William K.S. Wang

Faculty Scholarship

No abstract provided.

In Translation For The Latino Market Today: Acknowledging The Rights Of Consumers In A Multilingual Housing Market, Jo Carrillo

Faculty Scholarship

No abstract provided.

Open Source, Open Access, Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman

Faculty Scholarship

No abstract provided.

Global Climate Change: Water Supply Risks And Water Management Opportunities, Brian E. Gray

Faculty Scholarship

No abstract provided.

Dedication, Brian E. Gray

Faculty Scholarship

No abstract provided.

Has The Erie Doctrine Been Repealed By Congress?, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Duty To The Unborn: A Response To Smolensky, Jaime S. King

Faculty Scholarship

No abstract provided.

Where's The Beef? Facilitating Voluntary Retirements Of Federal Lands From Livestock Grazing, John D. Leshy, Molly S. Mcusic

Faculty Scholarship

No abstract provided.

Modes Of Procedural Reform, Richard L. Marcus

Faculty Scholarship

No abstract provided.

E-Discovery Beyond The Federal Rules, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Cure-All For An Era Of Dispersed Litigation? Toward A Maximalist Use Of The Multidistrict Litigation Panel's Transfer Power, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Relational Duties, Regulatory Duties, And The Widening Gap Between Individual Health Law And Collective Health Policy, William M. Sage

Faculty Scholarship

In response to a prominent editorial by Dr. Jeffrey M. Drazen, Professor Sage explains how a relational approach has impeded health law's ability to effectively govern the American health care system, arguing that health law has traditionally focused on the physician-patient encounter rather than on achieving collective objectives (which he calls regulatory duties). Professor Sage traces health law's relational emphasis to private and public law, professional ethics and bioethics, budgetary and general politics, and health care consumerism. He concludes that four areas of health policy-conflicts of interest in biomedical research, managed care and pay-for-performance, health care transparency and education, and …

Bare Justice: A Feminist Theory Of Justice And Its Potential Application To Crimes Of Sexual Violence In Post-Genocide Rwanda, Megan M. Carpenter

Faculty Scholarship

Within this Article I seek to develop a feminist legal theory of justice, by questioning the ability of traditional legal strategies to facilitate justice and identifying underlying principles that contribute to a more inclusive and holistic form of justice. Secondly, I apply this theory to the situation of women victims of sexual violence in post-genocide Rwanda, in an effort to explore how these principles can contribute to a realization of justice that empowers women.

In Part II of this Article, I seek to develop a set of principles underlying a feminist reconceptualization of justice. This endeavour is a three-step process: …

Introduction, Sypmosium Common Law Environmental Protection, Jonathan H. Adler, Andrew P. Morriss

Faculty Scholarship

Is the common law a viable means of addressing environmental problems? The first wave of environmental common law scholarship, together with the law and economics and classical liberal literatures, at least put the issue on the table for discussion. The response from the critics raised some important criticisms, ones that needed to be answered. Whatever the failings of the environmental regulatory state, the common law has failings of its own, including the failure to protect many ecological resources in the period before the enactment of federal environmental law. In some instances administrative regulation may have hampered or "sabotaged" common law …

Measuring Outcomes: Post-Graduation Measures Of Success In The U.S. News & (And) World Report Law School Rankings, Andrew P. Morriss, William D. Henderson

Faculty Scholarship

The U.S. News & World Report annual rankings play a key role in ordering the market for legal education, and, by extension, the market for entry level lawyers. This Article explores the impact and evolution of placement and post-graduation data, which are important input variables that comprise twenty percent of the total rankings methodology. In general, we observe clear evidence that law schools are seeking to maximize each placement and post-graduation input variable. During the 1997 to, 2006 time period, law schools in all four tiers posted large average gains in employment rates upon graduation and nine months, which appear …