Search
Now showing items 31-40 of 53
Harmonizing Commercial Wind Power and the Endangered Species Act Through Administrative Reform
(Vanderbilt Law Review, 2012)
This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and ...
Panarchy and the Law
(Ecology and Society, 2012)
Panarchy theory focuses on improving theories of change in natural and social systems to improve the design of policy responses. Its central thesis is that successfully working with the dynamic forces of complex adaptive ...
Twombly and Iqbal Reconsidered
(Notre Dame Law Review, 2012)
In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court reinterpreted the Federal Rules of Civil Procedure to permit judges to dismiss claims at the very outset of a case whenever they think the claims ...
Adversarial Economics in Antitrust Litigation: Losing Academic Consensus in The Battle of The Experts
(Northwestern University Law Review, 2012)
The adversarial presentation of expert scientific evidence tends to obscure academic consensus. In the context of litigation, small, marginal disagreements can be made to seem important and settled issues can be made to ...
Suing Courts
(University of Chicago Law Review, 2012)
This Article argues for a new and unexpected mechanism of judicial accountability:
suing courts. Current models of court accountability focus almost entirely on correcting
legal errors. A suit against the court would ...
A Regulatory Design for Monetary Stability
(Vanderbilt Law Review, 2012)
This article proposes a unified regulatory approach to the issuance of “money-claims” – a generic term that refers to fixed-principal, very short-term IOUs, excluding trade credit. The instability of this market is arguably ...
Angry Judges
(Vanderbilt Law Review, 2012)
Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges’ anger should influence their behavior and decision making. On the one hand, anger is the ...
Interpreting Regulations
(Michigan Law Review, 2012)
The age of statutes has given way to an era of regulations, but our jurisprudence has fallen behind. Despite the centrality of regulations to law, courts have no intelligible approach to regulatory interpretation. The ...
Dodd-Frank's Say on Pay: Will It Lead to a Greater Role for Shareholders in Corporate Governance?
(Cornell Law Review, 2012)
"Say on pay" gives shareholders an advisory vote on a company's pay practices for its top executives. Beginning in 2011, Dodd-Frank mandated such votes at public companies. The first year of "say on pay" under the new ...
Customizing Employment Arbitration
(Iowa Law Review, 2012)
According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the ...