Law Commons^™

The Lexical Heart: A Dictionary, Megan M. Carpenter

Faculty Scholarship

No abstract provided.

River Rats, Megal M. Carpenter

Faculty Scholarship

No abstract provided.

Bootleggers, Baptists, And Televangelists, Andrew P. Morriss

Faculty Scholarship

The history of tobacco regulation includes quite a few episodes of bootleggers-and-Baptists coalitions in the 1960s and 1970s. While there were sporadic efforts to suppress tobacco use almost from the time it appeared in Europe-- James I of England published A Counter-Blaste to Tobacco in 1604, denouncing smoking as "a custom loathsome to the eye, hateful to the nose, harmful to the brain, dangerous to the lung, and the black stinking fume thereof, nearest resembling the horribly Stygian smoke of the pit that is bottomless"-- serious regulatory efforts appeared in the United States only in the 1960s. Prior to then, …

Bootleggers, Baptists &(And) Televangelists: Regulating Tobacco By Litigation, Bruce Yandle, Joseph A. Rotondi, Andrew P. Morriss, Andrew Dorchak

Faculty Scholarship

The bootleggers and Baptists public choice theory of regulation explains how durable regulatory bargains can arise from the tacit collaboration of a public-interest-minded interest group (the Baptists) with an economic interest (the bootleggers). Using the history of tobacco regulation, this Article extends the bootleggers and Baptists theory of regulation to incorporate the role of policy entrepreneurs like the state attorneys general and private trial lawyers who joined forces to regulate tobacco by litigation. We denominate these actors televangelists and demonstrate that they play a pernicious role in regulation.

The Article begins by showing how tobacco regulation through the 1980s fit …

The Necessity Of Economics: The Preferential Option For The Poor, Markets, And Environmental Law, Andrew P. Morriss

Faculty Scholarship

Markets and economic theory are often cast as the enemies of both the poor and environmental quality. This paper, part of the Peace with Creation symposium held at the St. Thomas School of Law in Minneapolis, argues that economics provides a necessary, but not sufficient, tool to address the problems of the poor and of improving environmental quality. The paper discusses ten propositions of economic theory and explains how each applying them results in both improvements in environmental quality and in the lot of the poor. The paper then briefly examines three examples of how applying the lessons of economics …

Citators Of Pennsylvania, Joel Fishman

Law Faculty Publications

Legal literature consists of a variety of secondary sources that assist the researcher in interpreting primary sources. Citators provide a useful tool for researchers needing to find citations to cases, statutes, and other primary sources.¹ Lawyers are of course familiar with Shepard's citators for almost one hundred years now. But Shepard's did not always dominate the legal field until after the first decades of the twentieth century.² But it was not until the end of the first quarter of this century that Shepard's citators gained dominance in Pennsylvania. With over 1,100 volumes of appellate court cases and 1,000 …

An Early Pennsylvania Legal Periodical Journal Of Law, 1830-31, Joel Fishman

Law Faculty Publications

There has been much written on the history of legal periodicals, especially academic law reviews, but the early history of legal periodicals in the United States has only received cursorily review in two older articles.¹ Frederick Hicks lists forty-eight periodicals published in antebellum America, of which twelve were published in Pennsylvania, four before 1831, including no. 1 (American Law Journal, 1808-12), no. 6 (Journal of Jurisprudence, 1821), no. 11 (United States Law and Legal Intelligence, 1829-31) and no. 14 ( Journal of Law, 1830-31).² This article will review this last periodical …

The Harvard Law School Notebooks (1939-1942) Of George Means Heinitsh, Jr., Joel Fishman

Law Faculty Publications

In the mid-1980s, the Allegheny County Law Library received the Harvard Law School student notebooks of the deceased attorney George M. Heinitsh, Jr. from his daughter. I had never received a donation like this before and thought it might be worth keeping because of the Harvard connection and the total amount of books (27).

The Unsolvable Dilemma Of A Paretian Policymaker, Giuseppe Dari-Mattiacci, Nuno Garoupa

Faculty Scholarship

In this paper, we argue that social decision-making is subject to a fundamental conflict between consistency and completeness. We show that a consistent welfarist method of policy assessment, that is, one that never violates the Pareto principle, may be incomplete in the sense of being incapable of providing a solution to important social welfare problems.

Why Plea-Bargaining Fails To Achieve Results In So Many Criminal Justice Systems: A New Framework For Assessment, Nuno Garoupa, Frank H. Stephen

Faculty Scholarship

The myth of American exceptionalism in the matter of plea-bargaining is certainly by now quite untrue. In addition to forming an important part of criminal procedure in the United Kingdom, plea-bargaining has been transplanted to several civil law countries such as France and Italy. Informal versions, based on non-trial settlement, have been observed in Germany, Belgium, the Netherlands, and around the world. The Law and Economics literature on plea-bargaining views it as an efficient instrument of criminal procedure because it reduces enforcement costs (for both parties) and allows the prosecutor to concentrate on more meritorious cases. Yet the success of …

The Market For Legal Innovation: Law And Economics In Europe And The United States, Nuno Garoupa, Thomas S. Ulen

Faculty Scholarship

There have been a large number of innovations in legal scholarship in the U.S. legal academy over the past twenty-five or so years and very few from legal scholars in other parts of the world. For instance, because both of us work in the area of law and economics, we are both acutely aware of the large differences in the receptivity to law and economics as between the United States and Europe. The U.S. legal academy has generously embraced law and economics (and some other legal innovations), while Europe (and the rest of the world) has not. Why has the …

A Sociolegal History Of Public Housing Reform In Chicago, Lisa T. Alexander

Faculty Scholarship

This essay summarizes and compares Alexander Polikoff's Waiting for Gautreaux: A Story of Segregation, Housing, and the Black Ghetto and Mary Pattillo's Black on the Block: The Politics of Race and Class in the City to convey the contributions and limitations of each book. Both works provide a rich sociolegal history of public housing reform in Chicago and illustrate the challenges Chicago has faced in implementing recent HOPE VI public housing reforms. I compare Polikoff's forty-year battle to desegregate public housing in Chicago with Pattillo's insightful observations of class dynamics between the new middle-class African-American power brokers of housing reform …

Nota Sobre El Contracte De Col·Laboració Publicoprivada [Notes On The Public-Private Partnership Contract], Vanessa Casado-Pérez

Faculty Scholarship

No abstract provided.

"J.J. Morrison" And His Right Of Publicity Lawsuit Against The Ncaa (National Collegiate Athletic Association), Ray Yasser, Sean Hanlon

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Foreword, Curtis A. Bradley, Judith G. Kelley

Law and Contemporary Problems

No abstract provided.

The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley

Law and Contemporary Problems

Bradley and Kelley define and clarify the concept of international delegation from both a legal and a social-science perspective. They begin by presenting a definition of international delegation as a grant of authority by two or more states to an international body to make decisions or take actions. They also identify eight types of authority that states may grant: legislative, adjudicative, regulatory, monitoring and enforcement, agenda-setting, research and advice, policy implementation, and redelegation. International bodies will often exercise more than one type of authority, and there will sometimes be uncertainties about whether a particular type of authority fails into a …

Delegating To International Courts: Self-Binding Vs. Other-Binding Delegation, Karen J. Alter

Law and Contemporary Problems

Alter highlights the diverse nature of international delegations to courts. She argues that the roles and tasks delegated to international courts increasingly mimic in form and content the broad variety of tasks delegated to courts in liberal democracies, but that delegating these tasks to international courts is fundamentally different than delegating them to domestic courts because of the implications for national sovereignty. Whereas international courts were initially established to be dispute-resolution bodies, they now also perform administrative review, enforcement, and even constitutional review. Alter explains how each of these judicial roles binds other actors, binds states, or both.

Sovereignty And Delegation In International Organizations, David Epstein, Sharyn O'Halloran

Law and Contemporary Problems

No abstract provided.

International Delegation And State Sovereignty, Oona A. Hathaway

Law and Contemporary Problems

Hathaway rebuts the claim that state sovereignty almost always suffers when states delegate authority to international institutions. Critics of delegation err, she contends, by overemphasizing the costs but losing sight of some of the substantial benefits of cooperation. She considers the challenge to sovereignty posed by international delegation by focusing on recent debates over the influence of international legal commitments on domestic governance.

When, What, And Why Do States Choose To Delegate?, Barbara Koremenos

Law and Contemporary Problems

Koremenos demonstrates that international delegation is an important and nontrivial empirical phenomenon. Using an extensive data set created from the United Nations Treaty Series, she finds that almost half of all international agreements involve delegation of some kind. By exploring the institutional design choices of international delegation, she finds that dispute resolution is the most commonly delegated function and often involves externally delegating authority to an existing arbitration tribunal or an international court. Furthermore, she finds that external delegation in particular increases with the existence of complex cooperation problems such as enforcement and uncertainty and with the heterogeneity and number …

Monitoring Compliance With Unratified Treaties: The Ilo Experience, Laurence R. Helfer

Law and Contemporary Problems

Helfer challenges the conventional wisdom that the delegation of authority to the International Labor Organization (ILO) involves only modest sovereignty costs. Heifer explains that the ILO has increasingly exercised the authority to monitor compliance with unratified labor treaties and recommendations, and that the exercise of this authority has significant effects. He further notes that this type of monitoring authority is not confined to the ILO, but in fact exists in several other international institutions and issue areas. The case of the ILO therefore suggests that some important delegations arise and thrive outside of the formal channels of authority. This makes …

The Globalization Of Health And Safety Standards: Delegation Of Regulatory Authority In The Sps Agreement Of The 1994 Agreement Establishing The World Trade Organization, Tim Buthe

Law and Contemporary Problems

Buthe examines why states delegated regulatory authority in the Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures, an integral part of the founding treaty of the World Trade Organization (WTO). Buthe argues that, to explain this case of international delegation, principal-agent theory must be complemented by an analysis of cost-benefit calculations of the relevant domestic interest groups. Given these domestic interests, governments decided to institutionalize international cooperation on SPS measures outside of the WTO because they believed that such delegation would minimize the political costs of the loss of policymaking autonomy. Buthe notes, however, that in retrospect it …

Journal Staff

Law and Contemporary Problems

No abstract provided.

Journal Staff

Duke Journal of Gender Law & Policy

No abstract provided.

Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson

Duke Journal of Gender Law & Policy

No abstract provided.

Female Genital Mutilation: Exploring Strategies For Ending Ritualized Torture; Shaming, Blaming, And Utilizing The Convention Against Torture, Patricia A. Broussard

Duke Journal of Gender Law & Policy

No abstract provided.

“Love For Sale”—Sex And The Second American Revolution, Harold P. Southerl

Duke Journal of Gender Law & Policy

No abstract provided.

It’S Really About Sex: Same-Sex Marriage, Lesbigay Parenting, And The Psychology Of Disgust, Richard E. Redding

Duke Journal of Gender Law & Policy

No abstract provided.

Relational Rights Masquerading As Individual Rights, Hallie Ludsin

Duke Journal of Gender Law & Policy

No abstract provided.

Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy

Duke Journal of Gender Law & Policy

No abstract provided.