Browsing Law School by Title
Now showing items 1139-1158 of 1363
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(Fordham International Law Journal, 2009)This article examines one of the most important trends in international legal governance since the end of the Second World War: the rise of "soft law," or legally non-binding instruments. Scholars studying the design of ...
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(Arizona State Law Journal, 2011)Paul Robinson has written a series of articles advocating the view that empirical desert should govern development of criminal law doctrine. The central contention of empirical desert is that adherence to societal views ...
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(Case Western Reserve Journal of International Law, 2009)The Obama Administration confronts many of the same practical and legal complexities that interagency experts debated in the fall of 2001. Military commissions remain a valid, if unwieldy, tool to be used at the discretion ...
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(University of Pennsylvania Law Review, 2016)To avoid the appearance of sex discrimination that would violate Title VII of the Civil Rights Act, both Equal Employment Opportunity Commission (EEOC) guidance and a common misunderstanding of the law have resulted in ...
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(Stanford Law Review, 2019)Based on case studies indicating that apologies from physicians to patients can promote healing, understanding, and dispute resolution, 38 states have sought to reduce litigation and medical malpractice liability by enacting ...
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(Stanford Law Review, 2019)Abstract. Based on case studies indicating that apologies from physicians to patients can promote healing, understanding, and dispute resolution, thirty-nine states (and the District of Columbia) have sought to reduce ...
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(New York University Law Review, 2011)Because punishable guilt requires that bad thoughts accompany bad acts, the Model Penal Code (MPC) typically requires that jurors infer the past mental state of a criminal defendant. More specifically, jurors must sort ...
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(The American Economic Review, 1990)Society has until recently devoted insufficient attention to the long-run environmental problems that we face, including acid rain and the greenhouse effect. Our inaction with respect to these risks can hardly be characterized ...
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(Minnesota Law Review, 1991)There is a disturbing new trend among American universities. Many universities, both public and private, are adopting regulations that punish what is commonly called '"hate speech." Hate speech is expression that is ...
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(Indiana Law Journal, 2020)The consumer expectations test in products liability law holds firms liable for producing goods that are more dangerous than the reasonable consumer would anticipate. But judicial experience in the majority of states that ...
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(European Business Organization Law Review, 2006)At the close of the twentieth century, U.S. corporate scholarship was dominated by a principal-agent paradigm that assumed that shareholders were the principals or sole residual claimants in public corporations, and also ...
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(Journal of Corporation Law, 2006)This essay has two goals: to praise Professor Robert Clark as a remarkable corporate scholar, and to explore how his work has helped to advance our understanding of corporations and corporate law. Clark wrote his classic ...
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(Emory International Law Review, 2010)The global financial crisis is forcing a thorough re-evaluation of the international regulatory architecture. The crisis has shown not only the cracks in regulatory oversight, but also a market operation that had long ...
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(Cardozo Journal of International & Comparative Law, 2003)The use of sacred aboriginal art is nothing new. It is fairly common to see dream catchers hanging from rear view mirrors in cars. In Australia, sacred aboriginal designs are often found on tea towels, rugs and restaurant ...
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(Pepperdine Law Review, 2015)This Article, written for a symposium on national security, describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security ...
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(Notre Dame Law Review, 2019)A growing number of courts and commentators have suggested that states have Article III standing to protect state law. Proponents of such “protective” standing argue that states must be given access to federal court whenever ...
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(Oregon Law Review, 1990)The article uses the provisions of the Alternative Minimum Tax in an attempt to predict the course of future tax reform.
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(University of Florida Law Review, 1987)This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court ...
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(Rutgers Law Journal, 1994)Fifteen years after a prominent American jurist urged a revitalization of state constitutional law, a somewhat less prominent American legal scholar announced that state constitutional law was "a vast wasteland of confusing, ...
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(Vanderbilt Law Review, 2017)Every state provides appellate review of criminal judgments, yet little research examines which factors correlate with favorable outcomes for defendants who seek appellate relief. To address this scholarly gap, this paper ...