Now showing items 539-558 of 1362

    • Schlunk, Herwig J. (Tax Law Review, 2003)
      This Article began with a search for a theoretical underpinning that could explain the structure of the current corporate income tax regime, and found such underpinning lacking. It proposed an alternative underpinning for ...
    • Mayeux, Sara (American Journal of Criminal Law, 2018)
      The phrase “the criminal justice system” is ubiquitous in discussions of criminal law, policy, and punishment in the United States — so ubiquitous that almost no one thinks to question the phrase. However, this way of ...
    • Mayeux, Sara (American Journal of Criminal Law, 2018)
      The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the ...
    • Clarke, Jessica A. (California Law Review, 2015)
      Recent controversies over identity claims have prompted questions about who should qualify for affirmative action, who counts as family, who is a man or a woman, and who is entitled to the benefits of U.S. citizenship. ...
    • Fitzpatrick, Brian T. (Vanderbilt Law Review, 2017)
      One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to ...
    • Fitzpatricik, Brian T. (Vanderbilt Law Review, 2017)
      One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to ...
    • Newton, Michael A., 1962- (Case Western Reserve Journal of International Law, 2010)
      Lawfare that erodes the good faith application of the laws and customs of warfare is illegitimate and untenable. This essay outlines the contours of such illegitimate lawfare and provides current examples to guide ...
    • Sherry, Suzanna (Georgetown Journal of Law & Public Policy, 2019)
      How many ways can conservatives spin an originalist tale to support their deregulatory, small-government vision? The answer is apparently infinite. In a new book, Gary Lawson and Guy Seidman are the latest in a long line ...
    • McKanders, Karla (Human Rights, 2019)
      There is a long history of the intersection of immigration, race, and civil rights in America. Immigration laws have operated in a manner to maintain homogeneity to the exclusion of immigrants of color. Immigration laws ...
    • McKanders, Karla (Georgia State University Law Review, 2021)
      Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking ...
    • McKanders, Karla Mari (Catholic University Law Review, 2012)
      Two seemingly different federal enforcement systems that affect the movement of unskilled workers — the 1793 and 1850 Fugitive Slave Acts and current state immigration enforcement policies — have remarkable similarities. ...
    • Thomas, Randall S., 1955- (University of California at Davis Law Review, 1994)
      The Central and Eastern Europe (CEE) countries are breaking up their centrally planned economies at a record pace by selling formerly state-owned industrial enterprises to private sector investors. Privatization is expected ...
    • Hersch, Joni, 1956- (American Economic Review: Papers and Proceedings, 1991)
    • Viscusi, W. Kip (Rand Journal of Economics, 1986)
      Using a sample of manufacturing industries from 1973 to 1983, this article reexamines OSHA's impact on workplace safety. Evidence supporting OSHA's effectiveness is stronger than that presented in most previous studies ...
    • Guthrie, Chris; Sally, David (Marquette Law Review, 2004)
      The theory of principled or problem-solving negotiation assumes that negotiators are able to identify their interests (or what they really want) in a negotiation. Recent research on effective forecasting calls this assumption ...
    • Ruhl, J. B.; Salzman, James; Goodman, Iris (Stetson Law Review, 2009)
      On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts ...
    • Kay, Susan L.; Kay, Susan L. (Vanderbilt Law Review, 1987)
      Prisoners often seek redress in federal courts through causes of action brought under 42 U.S.C. Section 1983 for violations of their constitutional rights caused by the overall condition of their confinement or by one ...
    • Sherry, Suzanna; Heald, Paul J., 1959- (University of Illinois Law Review, 2000)
      Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins ...
    • Gervais, Daniel J. (Lewis & Clark Law Review, 2019)
      The traditional (Arnstein) test for copyright infringement is satisfied when the owner of a valid copyright establishes unauthorized copying by the defendant. To demonstrate unauthorized copying, one of the major tests is ...
    • Thomas, Randall S., 1955- (Arizona Law Review, 1996)
      A central issue in contemporary corporate law is the effectiveness of shareholders as monitors of corporate management. For example, in a series of recent articles, legal scholars have debated whether the rapid growth in ...