Now showing items 408-427 of 1362

    • Gervais, Daniel J. (Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 2019)
      This article reviews the application of several IP rights (copyright, patent, sui generis database right, data exclusivity and trade secret) to Big Data. Beyond the protection of software used to collect and process Big ...
    • Moran, Beverly I. (North Carolina Law Review, 1998)
      The politics behind tax legislation are explored in order to demonstrate that, rather than being surprising or unexpected, it is easily predictable that federal tax laws would favor whites over blacks.
    • Rubin, Edward (The University of Pacific Law Review, 2021)
      This article proposes a different rationale for corporate democracy, one that extends more broadly to all forms of employment. It is based on an equivalence, not an analogy. The equivalence is that subordination feels ...
    • Miller, Spring (Clinical Legal Education Association, 2019)
      As a relatively new externship instructor, I spend a lot of time thinking about externships – what they mean for our students, what they add to the clinical curriculum and law school curriculum more broadly, and how best ...
    • Yadav, Yesha (Columbia Law Review, 2021)
      This Article shows that Treasury market structure is fragile, weakened by a regulatory model poorly suited to match its design. First, public oversight of Treasuries is fragmented, divided between five or more agencies. ...
    • Anderson-Watts, Rachael (Michigan Journal of Gender & Law, 2008)
      Informed consent is a common law concept rooted in the idea that "[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body."' Its aim is to ensure that each patient ...
    • Maroney, Terry A. (Notre Dame Law Review, 2009)
      Recent scientific findings about the developing teen brain have both captured public attention and begun to percolate through legal theory and practice. Indeed, many believe that developmental neuroscience contributed to ...
    • Rossi, Jim, 1965-; Seidenfeld, Mark (Notre Dame Law Review, 2000)
      This essay responds to claims that the "new" nondelegation doctrine, applied by D.C. Circuit Judge Stephen Williams in "American Trucking Association, Inc. v. EPA", 175 F.3d 1027 (D.C. Cir. 1999), advances the rule of law. ...
    • Brandon, Mark E. (Texas Law Review, 1999)
      In recent years, a number of observers of American politics, law, and society have decried what seem to be fundamental shifts in the structure and function of the family. According to some, these shifts, perhaps reinforced ...
    • Ruhl, J.B. (Washington University Journal of Law & Policy, 2002)
      Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.
    • Ruhl, J. B. (Choices, 2008)
      Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.
    • Ruhl, J. B. (Ecology Law Quarterly, 2000)
      Farms are one of the last uncharted frontiers of environmental regulation in the United States. Despite the substantial environmental harms they cause-habitat loss and degradation, soil erosion and sedimentation, water ...
    • Viscusi, W. Kip (William & Mary Law Review, 2018)
      Although regulatory agencies place high values on the benefits associated with the reduction in mortality risks due to regulations, these same agencies substantially undervalue lives in their enforcement efforts. The ...
    • Viscusi, W. Kip (William & Mary Law Review, 2018)
      While regulatory agencies place high values on the benefits associated with the reduction in mortality risks due to regulations, these same agencies substantially undervalue lives in their enforcement efforts. The disparity ...
    • Clayton, Ellen Wright (Yale Law Journal, 1978)
      Although genetic disorders have been recognized for centuries, recent advances in the study of human genetics often permit accurate determination of the risk that parents will have genetically defective children.' When ...
    • Ricks, Morgan; Crawford, John; Menand, Lev (George Washington Law Review, 2021)
      We are entering a new monetary era. Central banks around the world--spurred by the development of privately controlled digital currencies as well as competition from other central banks-have been studying, building, and, ...
    • Ricks, Morgan; Menand, Lev (University of Chicago Law Review, 2021)
      The only profit-seeking business enterprises chartered by a federal government agency are banks. Yet there is barely any scholarship justifying this exception to state primacy in U.S. corporate law. This Article addresses ...
    • George, Tracey E.; Yoon, Albert H. (Saint Louis University Law Journal, 2003)
      We applaud Professor Merrill's bold and noteworthy effort to engage in a dialogue with political scientists who study the Supreme Court. He navigates a substantial body of social science scholarship largely ignored by legal ...
    • Tracey, George E., 1967-; Yoon, Albert (Saint Louis University Law Journal, 2003)
      Like Congress, the Supreme Court must delegate a great deal of its work, in this case to lower courts rather than to agencies. Since the Supreme Court is formally at the apex of the judicial pyramid, the Court's decisions ...
    • Claytjon, Ellen W.; Evans, Barbara J. (Harvard Law School Petrie Flom Center: Bill of Health Blog, 2020-10-22)
      The federal government recently used preemption unlawfully to prevent state public health efforts to protect vulnerable people from COVID-19. As 1,000 current and former CDC epidemiologists noted in an open letter, the ...