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Now showing items 41-50 of 65
Do Differences in Pleading Standards Cause Forum Shopping in Securities Class Actions?: Doctrinal and Empirical Analyses
(Wisconsin Law Review, 2009)
Federal appellate courts have promulgated divergent legal standards for pleading fraud in securities fraud class actions after the Private Securities Litigation Reform Act (PSLRA). Recently, the U.S. Supreme Court issued ...
Why Every State Should Have an Income Tax (and a Retail Sales Tax, Too)
(Mississippi Law Journal, 2009)
Some states (like Florida and Texas) collect retail sales taxes but no income taxes; one state (Oregon) collects income taxes but no retail sales taxes; most states collect both. This paper examines the decision of a state ...
Transnationalizing Public Law
(German Law Journal, 2009)
I am tasked today with talking about transnationalization, in particular the question of
whether public law in the United States is undergoing some process of transnationalization
today. My response, based on the work ...
Keeping the Endangered Species Act Relevant
(Duke Environmental Law & Policy Forum, 2009)
The Endangered Species Act (ESA) has long been the workhorse of species protection in contexts for which a species-specific approach can effectively be employed to address discrete human-induced threats that have straightforward ...
Cities, Green Construction, and the Endangered Species Act
(Virginia Environmental Law Journal, 2009)
The geographic footprint of cities--the space they occupy--is relatively small in comparison to their ecological footprint, which is measured in terms of impact on the sustainability of resources situated mostly outside ...
The Political Economy of Energy and Its Implications for Climate Change Legislation
(Tulane Law Review, 2009)
Public choice themes have arisen throughout the history of U.S. energy regulation and continue to be relevant today, particularly with widespread discussion of deregulation and increased attention to climate change. This ...
The Changing Landscape of Blockbuster Punitive Damages Awards
(American Law and Economics Review, 2009)
This article investigates the determinants of the blockbuster punitive damages awards of at least $100 million. As of the end of 2008, there had been 100 such awards with an average value of $3.0 billion. The U.S. Supreme ...
Will Quants Rule the (Legal) World?
(Michigan Law Review, 2009)
Professor Ian Ayres, in his new book, Super Crunchers, details the brave new world of statistical prediction and how it has already begun to affect our lives.
For years, academic researchers have known about the considerable ...
Surveillance and the Constitution
(Wayne Law Review, 2009)
My focus will be on the extent to which the Constitution limits government surveillance activities. The details of regulation should be statutory, but the basis for that statutory regulation must be founded on constitutional ...
Symposium on Neglected Justices
(Vanderbilt Law Review, 2009)
Given the legal academy's penchant for ranking, it is hardly a surprise that legal scholars have turned their attention to crafting lists of the greatest Justices of the Supreme Court. As with ratings of decisions, however, ...