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Articles 601 - 630 of 11208
Full-Text Articles in Law
Talking Originalism , Andrew B. Coan
Patening The Curve Ball: Business Methods And Industry Norms, Gerard N. Magliocca
Patening The Curve Ball: Business Methods And Industry Norms, Gerard N. Magliocca
BYU Law Review
No abstract provided.
The Knowledge Problem Of New Paternalism, Mario J. Rizzo, Douglas Glen Whitman
The Knowledge Problem Of New Paternalism, Mario J. Rizzo, Douglas Glen Whitman
BYU Law Review
No abstract provided.
Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler
Ways To Change: A Reevaluation Of Article V Campaigns And Legislative Constitutionalism , Mary Ziegler
BYU Law Review
No abstract provided.
Arbitration Awards In An Environment Of Compulsory Unionization: Is The High Degree Of Deference Warranted?, Nephi Hardman
Arbitration Awards In An Environment Of Compulsory Unionization: Is The High Degree Of Deference Warranted?, Nephi Hardman
BYU Law Review
No abstract provided.
Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino
Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino
BYU Law Review
No abstract provided.
A Pragmatic Defense Of Contract Law, Nathan B. Oman
A Pragmatic Defense Of Contract Law, Nathan B. Oman
Faculty Publications
No abstract provided.
The Structural Case For Vertical Maximalism, Tara Leigh Grove
The Structural Case For Vertical Maximalism, Tara Leigh Grove
Faculty Publications
Many prominent jurists and scholars, including those with outlooks as diverse as Chief Justice John Roberts and Cass Sunstein, have recently advocated a “minimalist” approach to opinion writing at the Supreme Court. They assert that the Court should issue narrow, fact-bound decisions that do not resolve much beyond the case before it. I argue that minimalism, as employed by the current Supreme Court, is in tension with the structure of the Constitution. Article III and the Supremacy Clause, along with historical evidence from the Founding Era, suggest that the Constitution creates a hierarchical judiciary and gives the Court a “supreme” …
Value Pluralism Does Not Support Liberalism: A Comment On William A. Galston's What Value Pluralism Means For Legal-Constitutional Orders, Richard J. Arnesto
Value Pluralism Does Not Support Liberalism: A Comment On William A. Galston's What Value Pluralism Means For Legal-Constitutional Orders, Richard J. Arnesto
San Diego Law Review
In a free society, there is a strong presumption in favor of letting individuals act as they choose without interference by others. William A. Galston has developed this argument with exemplary clarity. He is wrong. The idea that value incommensurability is a reason for toleration of diverse ways of life and protection of the individual's freedom to choose among diverse ways of life is a mistake. Value pluralism does not establish any normative presumption in favor of liberty, so the worry "does this presumption hold without limit," or "are there good reasons that constrain it at some point," is otiose.
How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Vanessa Baird, Tonja Jacobi
How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Vanessa Baird, Tonja Jacobi
Duke Law Journal
No abstract provided.
Living Originalism, Thomas B. Colby, Peter J. Smith
Living Originalism, Thomas B. Colby, Peter J. Smith
Duke Law Journal
Originalists routinely argue that originalism is the only coherent and legitimate theory of constitutional interpretation. This Article endeavors to undermine those claims by demonstrating that, despite the suggestion of originalist rhetoric, originalism is not a single, coherent, unified theory of constitutional interpretation, but is rather a disparate collection of distinct constitutional theories that share little more than a misleading reliance on a common label. Originalists generally agree only on certain very broad precepts that serve as the fundamental underlying principles of constitutional interpretation: specifically, that the "writtenness" of the Constitution necessitates a fixed constitutional meaning, and that courts that see …
Reasonableness Meets Requirements: Regulating Security And Privacy In Software, Paul N. Otto
Reasonableness Meets Requirements: Regulating Security And Privacy In Software, Paul N. Otto
Duke Law Journal
Software security and privacy issues regularly grab headlines amid fears of identity theft, data breaches, and threats to security. Policymakers have responded with a variety of approaches to combat such risk. Suggested measures include promulgation of strict rules, enactment of open-ended standards, and, at times, abstention in favor of allowing market forces to intervene. This Note lays out the basis for understanding how both policymakers and engineers should proceed in an increasingly software-dependent society. After explaining what distinguishes software-based systems from other objects of regulation, this Note argues that policymakers should pursue standards-based approaches to regulating software security and privacy. …
Making Amends: Amending The Icsid Convention To Reconcile Competing Interests In International Investment Law, Kate M. Supnik
Making Amends: Amending The Icsid Convention To Reconcile Competing Interests In International Investment Law, Kate M. Supnik
Duke Law Journal
Globalization has increased international investment activity, but no unified legal framework governs international investments. After several attempts to establish a multilateral investment framework, prospective parties remain unable to reach a consensus on a viable system to address investor and state rights. Developed, capital-exporting states wish to protect their citizens' investments, whereas developing states simultaneously seek to attract investments and maintain regulatory autonomy. In the absence of a comprehensive agreement, bilateral investment treaties serve as the primary legal instruments setting forth the terms of cross-border investments. These treaties often grant private investors the right to file claims before the International Centre …
Blogging Etiquette: Blawpologies And Self-Promotion, Timothy Zick
Blogging Etiquette: Blawpologies And Self-Promotion, Timothy Zick
Popular Media
No abstract provided.
The Peruvian Precedent, Katherine Hite
The Peruvian Precedent, Katherine Hite
Human Rights & Human Welfare
In the early days of September 2009, former Peruvian Truth and Reconciliation Commission (TRC) president Salomón Lerner received a series of sick anonymous messages: “We will do to you what we did to your dogs.” Lerner’s two pet dogs had been fatally poisoned. The poisoning and the death threats against Lerner joined other vicious retaliations, including continuous attacks on another powerful human rights symbol, Lika Mutal’s “The Eye that Cries,” a sculpture in Lima that mourns the tens of thousands of Peruvian victims of internal armed conflict. In a twisted way, the poisoning, death threats, and attacks show that Peruvian …
From Atrocities To Security: A Parable From Peru, Stephen James
From Atrocities To Security: A Parable From Peru, Stephen James
Human Rights & Human Welfare
I have no expertise on the domestic politics of Peru, but I know that its often violent past shares much with its Latin American neighbours. Though not a practice confined to this region, I also know that events in the region have made notorious the chilling euphemism “disappearances.”
The Limits Of Executive Action For Human Rights, Henry Krisch
The Limits Of Executive Action For Human Rights, Henry Krisch
Human Rights & Human Welfare
Between 2001 and 2006 Alejandro Toledo served as President of Peru. He entered office committed to, in his words, “restoring the democratic institutions that had suffered from a steady deterioration during the previous decade,” (that is, during the rule of former President Alberto Fujimori). Moreover, he took up the task of providing Peruvian society with “a full accounting of the atrocities that had occurred in previous decades.” This personal commitment to re-establishing a functioning democracy based on the rule of law, a commitment based in part on his participation in the anti-Fujimori demonstrations, lead him to seek an honest accounting …
The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeals, Amy E. Sloan
The Dog That Didn't Bark: Stealth Procedures And The Erosion Of Stare Decisis In The Federal Courts Of Appeals, Amy E. Sloan
All Faculty Scholarship
Informal en banc review is a procedural expedient that nine of the thirteen federal circuits use to circumvent the requirements of formal en banc review. Panels invoke informal en banc review to take actions normally reserved for the full court sitting en banc. The circuits that use informal en banc review say the procedure is to be used rarely. In practice, however, the frequency of informal en banc review is significant when compared with formal en banc review. Informal en banc review is more efficient than formal en banc review, but the efficiency benefits come at a price. Informal en …
"A Grave Question": The Children Act And Public House Regulation, C. 1908-1939, Stella Moss
"A Grave Question": The Children Act And Public House Regulation, C. 1908-1939, Stella Moss
SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)
This article considers the impact of the Children Act 1908 on the regulation of public houses in the period c.1908-39. The Act banned minors under 14 years old from public bars in the attempt to protect them from what were seen by reformers as the inimical influences of licensed premises. The article examines the impact of the Act, illuminating efforts to ensure its strict upkeep during the Great War. Also explored are the tensions surrounding the Act, and in particular its failure to address problems such as the continued presence of children in the vicinity of licensed premises, typically by …
Easterbrook On Copyright, Randal C. Picker
Easterbrook On Copyright, Randal C. Picker
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Heller's Gridlock Economy In Perspective: Why There Is Too Little, Not Too Much, Private Property, Richard A. Epstein
Heller's Gridlock Economy In Perspective: Why There Is Too Little, Not Too Much, Private Property, Richard A. Epstein
Coase-Sandor Institute for Law & Economics Research Paper Series
This Article critiques Michael Heller's important contribution in the Gridlock Economy. At no point does it take the position that gridlock, or the associated anticommons, is not a serious issue in the design of a legal system. But it does insist that gridlock is not the major source of social dislocation, or that private ownership is the major source of gridlock. More concretely, the articles examines the other important sources of economic distortion that are unrelated to economic gridlock from private action. These include the use of excessive government subsidies (as with health care), misguided government licenses (as with broadcast …
The Law And Economics Virus, Spencer Weber Waller
The Law And Economics Virus, Spencer Weber Waller
Cardozo Law Review
No abstract provided.
Hoisting Originality, Joseph Scott Miller
Reviving The United States' Commitment To Pakistan And Afghanistan, Steve A. Young, Imdad Hussain Sahito
Reviving The United States' Commitment To Pakistan And Afghanistan, Steve A. Young, Imdad Hussain Sahito
Journal of Strategic Security
As President Obama is in the midst of deciding whether additional U.S.combat forces are needed in Afghanistan in addition to the 21,000 troops recently committed, he must realize that additional armed forces are only a stopgap measure in Afghanistan's downward spiral into an 'undergoverned' failed state. Similarly, as Pakistan's fragile and fractured civilian government continues to appease the Tehrik-i-Taliban Pakistan (TTP), an umbrella organization of Pakistani Pashtun tribesmen with Taliban cultural values led by Baitullah Mehsud and others, it comes closer to the concept of a "misgoverned" failed state, possessing a small arsenal of nuclear arms. The problem for the …
The Tangled Web Of Taliban And Associated Movements, Greg Smith
The Tangled Web Of Taliban And Associated Movements, Greg Smith
Journal of Strategic Security
Following the devastating terrorist attacks of September 11, 2001,worldwide attention became focused on the Taliban and al-Qaida forcesin Afghanistan. Prior to the attacks, many people had never heard of the Taliban or their shar'ia-law style of government. Since 2001, manysplinter groups have formed in response to the continual United Statespresence in the region. Today, the term Taliban has been used to envelop several groups such as the Tehrik-i-Taliban Pakistan (TTP), the Haqqani Network (HQN) and the Tehrik-eNifaz-e-Shariat-e-Mohammadi(TNSM). These groups make up the majority of fighters along the Afghanistan-Pakistan border. Many of these groups have been historicrivals for control of the …
Guerilla Warfare & Law Enforcement: Combating The 21st Century Terrorist Cell Within The U.S., Richard J. Hughbank
Guerilla Warfare & Law Enforcement: Combating The 21st Century Terrorist Cell Within The U.S., Richard J. Hughbank
Journal of Strategic Security
Both domestic and international terrorist organizations employ guerrilla warfare tactics, techniques, and procedures. Thus, the ability to identify and defeat the members of these organizations, cripple their infrastructures, and disrupt their financial resources lies in the understanding of modern guerrilla warfare as it develops in the twenty-first century within the United States.3 The forms of asymmetric warfare4 adopted by domestic and international terrorist groups alike is no longer intended to gain simple media exposure or governmental manipulation; they want to make an overpowering impact by causing massive loss of life and severe damage to infrastructure and are often motivated by …
Extinguishing The Torch Of Terror: The Threat Of Terrorism And The 2010 Olympics, Serge E. Vidalis
Extinguishing The Torch Of Terror: The Threat Of Terrorism And The 2010 Olympics, Serge E. Vidalis
Journal of Strategic Security
With the change in seasons comes the expected change of insurgency operations in Afghanistan as Taliban and al-Qaida fighters mount their spring and summer offensives against both NATO forces and Afghanis sympathetic to foreign troops. As insurgents curtail their seasonal operations with the arrival of fall and winter, is it likely that a threat may arise from Afghanistan to affect the 2010 Olympics in Vancouver, British Columbia? As will be illustrated herein, the threat to the games will not be borne directly from the insurgency in Afghanistan but rather by the universal jihadist ideology of al-Qaida rather than the nationalist …