Law Commons^™

Constitutional Reforms And Constitutionalism In Africa: Reflections On Some Current Challenges And Future Prospects, Charles Manga Fombad

Buffalo Law Review

No abstract provided.

The Subordinate Status Of Negative Speech Rights, Nat Stern

Buffalo Law Review

No abstract provided.

Faith On The Farm: An Analysis Of Angola Prison's Moral Rehabilitation Program Under The Establishment Clause, Roy L. Bergeron Jr.

Louisiana Law Review

No abstract provided.

The Unaffordable Health Act – A Response To Professors Bagley And Horwitz, Douglas A. Kahn, Jeffrey H. Kahn

Law & Economics Working Papers

The Patient Protection and Affordable Care Act of 2010 has stirred considerable controversy. In the public debate over the program, many of its proponents defended it by focusing on what is sometimes called the “free-rider” problem. In a prior article, we contended that the free-rider problem has been greatly exaggerated and was not likely to have been a significant factor in the congressional decision to adopt the Act. We maintained that the free-rider issue is a red herring that was advanced to trigger an emotional attraction for the Act and distract attention from the actual issues that favor and disfavor …

The Unreasonable Case For A Reasonable Compensation Standard In The Public Company Context: Why It Is Unreasonable To Insist On Reasonableness, Stuart G. Lazar

Journal Articles

There is no question that corporate executives are well paid. But does high executive compensation mean excessive or unreasonable compensation? And if so, what is the solution to curbing the problem of excessive executive pay? More specifically, should the Internal Revenue Code be used as a means for regulating the actions of public companies?

This Article briefly explores these issues. In Part I, this Article provides a narrative of the excessive compensation debate. Without drawing a conclusion as to whether executive compensation is reasonably set or excessive in nature, Part I summarizes the history of public outrage surrounding executive pay. …

Legal Beagle Blog (August 2011), Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

V.48-3, 2011 Masthead

San Diego Law Review

No abstract provided.

The Regrettable Clause: United States V. Comstock And The Powers Of Congress, H. Jefferson Powell

San Diego Law Review

In this Article, I argue that in Comstock, the Court encountered one of the oldest and most basic constitutional issues about the scope of congressional power--whether there are justiciable limits to the range of legitimate ends Congress may pursue. The Justices, without fully recognizing the fact, were taking sides in an ancient debate, and in doing so, they inadvertently reopened an issue that ought to be deemed long settled.

Socioeconomic Rights And Theories Of Justice, Jeremy Waldron

San Diego Law Review

This Article considers the relation between theories of justice - such as John Rawls's theory - and theories of socioeconomic rights. In different ways, these two kinds of theories address much of the same subject matter. But they are quite strikingly different in format and texture. Theories of socioeconomic rights defend particular line-item requirements: a right to this or that good or opportunity, such as housing, health care, education, and social security. Theories of justice tend to involve a more integrated normative account of a society's basic structure, though they differ considerably among themselves in their structure. So how exactly …

The Federal Trade Commission And Privacy: Defining Enforcement And Encouraging The Adoption Of Best Practices, Andrew Serwin

San Diego Law Review

This Article examines the history of privacy enforcement by the Federal Trade Commission (FTC), including the FTC’s jurisdiction under section 5, and its privacy enforcement matters, as well as the FTC’s recently issued report, Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers, in which the FTC examines past enforcement models, noting their failings. In light of the FTC’s examination of past enforcement models, this Article then analyzes these models, including the accountability-centric model that has previously been utilized in the United States, as well as the FTC’s proposed solution to the privacy …

Independent Counsel In Insurance, Douglas R. Richmond

San Diego Law Review

Mention the term "independent counsel" to many lawyers and they think immediately of the process whereby the Attorney General of the United States requests a panel of federal judges to appoint an Independent Counsel to investigate and prosecute crimes by government officials. Business lawyers may think of "independent counsel" in the context of counsel for independent directors on a corporate board in connection with select matters. For most litigators, however, the term "independent counsel" describes a lawyer engaged to defend an insured at a liability insurer's expense in a case in which the liability insurer has lost the right to …

Contents

Louisiana Law Review

No abstract provided.

America's Longest Held Prisoner Of War: Lessons Learned From The Capture, Prosecution, And Extradition Of General Manuel Noriega, Geoffrey S. Corn, Sharon G. Finegan

Louisiana Law Review

No abstract provided.

Relearning Lessons Of History: Miranda And Counterterrorism, Amos N. Guiora

Louisiana Law Review

No abstract provided.

No Trifling Matter: Forms, Bulletins, And Administrative Rulemaking In Louisiana After Gingles V. Dardenne, Michael J. Fagan Jr.

Louisiana Law Review

No abstract provided.

Denying Sovereignty: The Louisiana Supreme Court's Rejection Of The Tribal Exhaustion Doctrine, Carey Austin Holliday

Louisiana Law Review

No abstract provided.

Hybrid Judicial Career Structures: Reputation V. Legal Tradition, Nuno Garoupa, Tom Ginsburg

Coase-Sandor Institute for Law & Economics Research Paper Series

Scholars have distinguished career from recognition judiciaries, largely arguing that they reflect different legal cultures and traditions. We start by noting that the career/recognition distinction does not correspond perfectly to the civil law/common law distinction, but rather that there are pockets of each institutional structure within regimes that are dominated by the other type. We discuss the causes and implications of this phenomenon, arguing that institutional structure is better explained through a theory of judicial reputation/legitimacy than through a theory of legal origin or tradition. We provide some preliminary empirical support for our account.

Regulation, Unemployment, And Cost-Benefit Analysis, Eric A. Posner, Jonathan Masur

Coase-Sandor Institute for Law & Economics Research Paper Series

Regulatory agencies take account of the potential unemployment effects of proposed regulations in an ad hoc, theoretically incorrect way. Current practice is to conduct feasibility analysis, under which the agency predicts the unemployment effects of a proposed regulation, and then declines to regulate (or weakens the proposed regulation) if the unemployment effects exceed an unarticulated threshold, that is, seem "too high." Agencies do not reveal the threshold, do not explain why certain unemployment effects are excessive, and do not explain how they compare unemployment effects and the net benefits of the regulation. Many agencies also predict unemployment effects incorrectly. The …

The Ftc’S Proposal For Regulationg Ip Through Ssos Would Replace Private Coordination With Government Holdups, Daniel F. Spulber, F. Scott Kieff, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

In its recent report entitled "The Evolving IP Marketplace," the Federal Trade Commission (FTC) advances a far-reaching regulatory approach (Proposal) whose likely effect would be to distort the operation of the intellectual property (IP) marketplace in ways that will hamper the innovation and commercialization of new technologies. The gist of the FTC Proposal is to rely on highly non-standard and misguided definitions of economic terms of art such as "ex ante" and "hold-up," while urging new inefficient rules for calculating damages for patent infringement. Stripped of the technicalities, the FTC Proposal would so reduce the costs of infringement by downstream …

Better Mistakes In Patent Law, Andres Sawicki

Coase-Sandor Institute for Law & Economics Research Paper Series

This Article analyzes patent mistakes—that is, mistakes made by the patent system when it decides whether a particular invention has met the patentability requirements. These mistakes are inevitable. Given resource constraints, some might even be desirable. This Article evaluates the relative costs of patent mistakes, so that we can make better ones. Three characteristics drive the costs of mistakes: their type (false positive or false negative), timing (early or late), and doctrinal basis (utility, novelty, nonobviousness, and so on). These characteristics make some mistakes more troubling than others. Consider, for example, the disclosure rules, which require that a patent reveal …

The Antislavery Judge Reconsidered, Jeffrey M. Schmitt

School of Law Faculty Publications

It is conventionally believed that neutral legal principles required antislavery judges to uphold proslavery legislation in spite of their moral convictions against slavery. Under this view, an antislavery judge who ruled on proslavery legislation was forced to choose, not between liberty and slavery, but rather between liberty and fidelity to his conception of the judicial role in a system of limited government. Focusing on the proslavery Fugitive Slave Act of 1850, this article challenges the conventional view by arguing that the constitutionality of the fugitive act was ambiguous; meaning that neutral legal principles supported a ruling against the fugitive act …

Creating Positive Consequences: Improving Education Outcomes For Youth Adjudicated Delinquent, Katherine Burdick, Jessica Feierman, Maura Mcinerney

Duke Forum for Law & Social Change

No abstract provided.

Called Out At Home: The One Strike Eviction Policy And Juvenile Court, Wendy J. Kaplan, David Rossman

Duke Forum for Law & Social Change

No abstract provided.

Truancy Prosecutions Of Students And The Right [To] Education, Dean Hill Rivkin

Duke Forum for Law & Social Change

No abstract provided.

Elena Kagan And The Miracle At Harvard, Kevin K. Washburn

Journal of Legal Education

No abstract provided.

How To Use The Fulbright Program To Internationalize Your Law School, Dena Davis

Journal of Legal Education

No abstract provided.

The Ticket To Easy Street? The Financial Consequences Of Winning The Lottery, Scott Hankins, Mark Hoekstra

Vanderbilt Law School Faculty Publications

This paper examines whether giving large cash transfers to financially distressed people causes them to avoid bankruptcy. A comparison of Florida Lottery winners who randomly received $50,000 to $150,000 to small winners indicates that such transfers only postpone bankruptcy rather than prevent it, a result inconsistent with the negative shock model of bankruptcy. Furthermore, the large winners who subsequently filed for bankruptcy had similar net assets and unsecured debt as small winners. Thus, our findings suggest that skepticism regarding the long-term impact of cash transfers may be warranted.

The Ticket To Easy Street? The Financial Consequences Of Winning The Lottery, Paige Marta Skiba, Scott Hankins, Mark Hoekstra

Vanderbilt Law School Faculty Publications

This paper examines whether giving large cash transfers to financially distressed people causes them to avoid bankruptcy. A comparison of Florida Lottery winners who randomly received $50,000 to $150,000 to small winners indicates that such transfers only postpone bankruptcy rather than prevent it, a result inconsistent with the negative shock model of bankruptcy. Furthermore, the large winners who subsequently filed for bankruptcy had similar net assets and unsecured debt as small winners. Thus, our findings suggest that skepticism regarding the long-term impact of cash transfers may be warranted.

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Cornell Law Faculty Publications

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …

Bargaining Inside The Black Box, Allison Orr Larsen

Faculty Publications

When jurors are presented with a menu of criminal verdict options and they cannot reach a consensus among them, what should they do? Available evidence suggests they are prone to compromise—that is, jurors will negotiate with each other and settle on a verdict in the middle, often on a lesser-included offense. The suggestion that jurors compromise is not new; it is supported by empirical evidence, well-accepted by courts and commentators, and unsurprising given the pressure jurors feel to reach agreement and the different individual views they likely hold. There are, however, some who say intrajury negotiation represents a failure of …