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Articles 1 - 30 of 333
Full-Text Articles in Law
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Articles
No abstract provided.
Regulating Secrecy, W. Nicholson Price Ii
Regulating Secrecy, W. Nicholson Price Ii
Articles
Inventors face a stark choice between two intellectual property systems of protecting innovative ideas: patents and trade secrecy. But accounts of this choice underexplore the role of the regulators that dominate some areas of innovation. Regulation interacts with intellectual property exclusivity in socially problematic ways by encouraging secrecy at the expense of innovation, efficiency, and competition. This Article theorizes how regulation empowers intellectual property generally, explains why this strengthening is problematic for trade secrecy but not for patents, and offers the solution of regulator-enforced disclosure. When a regulator defines a product or a process, it becomes much harder to successfully …
Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription, Rebecca J. Scott
Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription, Rebecca J. Scott
Articles
In case after case, prosecutors, judges and juries therefore still struggle to come up with a definition of slavery, looking for some set of criteria or indicia that will enable them to discern whether the phenomenon they are observing constitutes enslavement. In this definitional effort, contemporary jurists may imagine that in the past, surely the question was simpler: someone either was or was not a slave. However, the existence of a set of laws declaring that persons could be owned as property did not, even in the nineteenth century, answer by itself the question of whether a given person was …
The Political Ideologies Of American Lawyers, Adam S. Chilton, Adam Bonica, Maya Sen
The Political Ideologies Of American Lawyers, Adam S. Chilton, Adam Bonica, Maya Sen
Articles
No abstract provided.
Civil Rights In A Desegregating America, Nicholas Stephanopoulos
Civil Rights In A Desegregating America, Nicholas Stephanopoulos
Articles
No abstract provided.
The Case Against Free Speech, Brian Leiter
Fee Simple Obsolete, Lee Anne Fennell
The Church And Magna Carta, Richard H. Helmholz
The Constitutional Law Of Agenda Control, Aziz Huq
The Plain Language Court, David A. Strauss
Knowledge Goods And Nation-States, Daniel Hemel, Lisa Larrimore Ouellette
Knowledge Goods And Nation-States, Daniel Hemel, Lisa Larrimore Ouellette
Articles
No abstract provided.
Youth/Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig B. Futterman, Chaclyn Hunt, Jamie Kalven
Youth/Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig B. Futterman, Chaclyn Hunt, Jamie Kalven
Articles
No abstract provided.
Litigating The Blue Wall Of Silence: How To Challenge The Police Privilege To Delay Investigation, Aziz Huq, Richard H. Mcadams
Litigating The Blue Wall Of Silence: How To Challenge The Police Privilege To Delay Investigation, Aziz Huq, Richard H. Mcadams
Articles
No abstract provided.
Country By Country Reporting And Corporate Privacy: Some Unanswered Questions, Reuven S. Avi-Yonah
Country By Country Reporting And Corporate Privacy: Some Unanswered Questions, Reuven S. Avi-Yonah
Articles
Corporate privacy is an oxymoron. Individuals have a right to privacy, which the Supreme Court has recognized at least since Griswold v. Connecticut (1965). Warren and Brandeis’ famous defense of the right to privacy (1890) clearly applied only to individuals, because only individuals have the kind of feelings that are affected by invasions of privacy. Corporations are legal entities, and the concept of privacy does not apply to them, as the Supreme Court held in 1906. Thus, any objection to making corporate tax returns public cannot rest on the right to privacy. In fact, corporate returns were made public in …
Trouble On The Exchanges — Does The United Owe Billions To Health Insurers?, Nicholas Bagley
Trouble On The Exchanges — Does The United Owe Billions To Health Insurers?, Nicholas Bagley
Articles
Yet another bruising fight has erupted over health care reform. On September 9, 2016, the Obama administration offered to open settlement negotiations with health insurers that have sued the United States to recover billions of dollars that they claim they are owed. Congressional Republicans are incensed, believing that any settlement would illegally squander taxpayer dollars in a lastgasp effort to save the Affordable Care Act (ACA).
An Insurance-Based Typology Of Police Misconduct, John Rappaport
An Insurance-Based Typology Of Police Misconduct, John Rappaport
Articles
No abstract provided.
Can A Cost Sharing Arrangement Prevent A Tax Shelter Label?, Jeffrey M. Kadet
Can A Cost Sharing Arrangement Prevent A Tax Shelter Label?, Jeffrey M. Kadet
Articles
In connection with an ongoing effort of the government to examine certain Microsoft documents, the government on October 12, 2016, stated in a filed document that one of the transactions at issue is "unquestionably" a tax shelter for purposes of section 7525. The significance of that is in whether some written communications should be protected from IRS scrutiny by the section 7525 confidentiality privilege that may apply to tax advice between a taxpayer and tax practitioners. Under section 7525(b)(2), written communications will not qualify if they are "in connection with the promotion of the direct or indirect participation of the …
How And Why International Law Binds International Organizations, Kristina Daugirdas
How And Why International Law Binds International Organizations, Kristina Daugirdas
Articles
For decades, controversy has dogged claims about whether and to what extent international law binds international organizations (“IOs”) like the United Nations and the International Monetary Fund. The question has important consequences for humanitarian law, economic rights, and environmental protection. In this Article, I aim to resolve the controversy by supplying a theory about when and how international law binds IOs. I conclude that international law binds IOs to the same degree that it binds states. That is, IOs are not more extensively or more readily bound; nor are they less extensively or less readily bound. This means that IOs, …
Did The Creation Of The United Nations Human Rights Council Produce A Better ‘Jury’?, Adam S. Chilton, Robert Golan-Vilella
Did The Creation Of The United Nations Human Rights Council Produce A Better ‘Jury’?, Adam S. Chilton, Robert Golan-Vilella
Articles
No abstract provided.
What Lurks Below Beckles, Leah Litman, Shakeer Rahman
What Lurks Below Beckles, Leah Litman, Shakeer Rahman
Articles
This Essay argues that if the Supreme Court grants habeas relief in Beckles v. United States, then it should spell out certain details about where a Beckles claim comes from and who such a claim benefits. Those details are not essential to the main question raised in the case, but the federal habeas statute takes away the Supreme Court’s jurisdiction to hear just about any case that would raise those questions. For that reason, this Essay concludes that failing to address those questions now could arbitrarily condemn hundreds of prisoners to illegal sentences and lead to a situation where the …
The Unfinished Business Of Horne V. Department Of Agriculture, Richard A. Epstein
The Unfinished Business Of Horne V. Department Of Agriculture, Richard A. Epstein
Articles
No abstract provided.
A Review (Reviewing Stephen Breyer, The Court And The World: American Law And The New Global Realities), Eric A. Posner
A Review (Reviewing Stephen Breyer, The Court And The World: American Law And The New Global Realities), Eric A. Posner
Articles
No abstract provided.
Bankruptcy's Endowment Effect, Anthony Casey
The Cycles Of Separation-Of-Powers Jurisprudence, Aziz Huq, Jon D. Michaels
The Cycles Of Separation-Of-Powers Jurisprudence, Aziz Huq, Jon D. Michaels
Articles
No abstract provided.
Unquantified Benefits And The Problem Of Regulation Under Uncertainty, Jonathan Masur, Eric A. Posner
Unquantified Benefits And The Problem Of Regulation Under Uncertainty, Jonathan Masur, Eric A. Posner
Articles
No abstract provided.
Magna Carta And The Law Of Nature, Richard H. Helmholz
Enhancing The Effectiveness Of Your Legal Writing, Jason G. Dykstra
Enhancing The Effectiveness Of Your Legal Writing, Jason G. Dykstra
Articles
This article focuses on areas where busy practitioners can aspire for plain English and not only improve their writing but possibly avoid a few pitfalls. As Justice Brandeis once remarked, "There is no such thing as good writing. There is only good rewriting" So here are three areas to focus on as you rewrite: minimizing initialisms, acronyms, and defined terms; losing legal jargon and cutting clutter; and balancing legal terms and precision.
Should We Presume State Protection?, James C. Hathaway, Audrey Macklin
Should We Presume State Protection?, James C. Hathaway, Audrey Macklin
Articles
Professors Hathaway and Macklin debate the legality of the “presumption of state protection” that the Supreme Court of Canada established as a matter of Canadian refugee law in the Ward decision. Professor Hathaway argues that this presumption should be rejected because it lacks a sound empirical basis and because it conflicts with the relatively low evidentiary threshold set by the Refugee Convention’s “well-founded fear” standard. Professor Macklin contends that the Ward presumption does not in and of itself impose an unduly onerous burden on claimants, and that much of the damage wrought by the presumption comes instead from misinterpretation and …
Using Advanced Conflict Waivers To Teach Drafting, Ethics, And Professionalism, Edward R. Becker
Using Advanced Conflict Waivers To Teach Drafting, Ethics, And Professionalism, Edward R. Becker
Articles
On a substantive and ethical level, I tell my students to take on faith that if you were to do all of this and take all this into account, if you were to apply the conflict of interest and the disqualifications rules, it could make it extremely difficult or many of the firms involved in these matters to avoid being conflicted out; especially, if the parties and the kind of firms involved were not dealing with these conflicts and issues until a problem arose. The question I ask my students again at this point is what could be done. What …
How The Sentencing Commission Does And Does Not Matter In Beckles V. United States, Leah Litman, Luke C. Beasley
How The Sentencing Commission Does And Does Not Matter In Beckles V. United States, Leah Litman, Luke C. Beasley
Articles
Two years ago, in Johnson v. United States, the Supreme Court held that the so-called “residual clause” of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. Last spring, the Court made this rule retroactive in Welch v. United States. Then in June, the Court granted certiorari in Beckles v. United States to resolve two questions that have split lower courts in the wake of Johnson and Welch: (1) whether an identically worded “residual clause” in a U.S. Sentencing Guideline—known as the career offender Guideline—is unconstitutionally void for vagueness; and (2) if so, whether the rule invalidating the Guideline’s residual …