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Now showing items 61-70 of 77
Prospective Grandfathering
(2018)
Legal change has the potential to disrupt settled expectations and property rights. The Takings Clause provides protection from the most significant costs by requiring compensation following a change in the law, but threats ...
Customary International Law
(Michigan Journal of International law, 2016)
Contemporary international lawmaking is characterized by a rapid growth of “soft law” instruments. Interdisciplinary studies have followed suit, purporting to frame the key question states face as a choice between soft and ...
The Shifting Tides of Merger Litigation
(Vanderbilt Law Review, 2018)
In 2015, Delaware made several important changes to its laws concerning merger litigation. These changes, which were made in response to a perception that levels of merger litigation were too high and that a substantial ...
The Fiscal Illusion Zombie
(American University Law Review, 2017)
This is a Response to Bethany R. Berger's recent Article, The Illusion of Fiscal Illusion in Regulatory Takings. In that Article, Professor Berger argues against the view that governments should be forced to compensate ...
The Reasonable Investor of Federal Securities Law
(The Journal of Corporation Law, 2017)
Federal securities law defines the materiality of corporate disclosures by reference to the views of a hypothetical “reasonable investor.” For decades the reasonable investor standard has been a flashpoint for debate — ...
Foxes at the Henhouse: Occupational Licensing Boards Up Close
(California Law Review, 2017)
The dark side of occupational licensing-its tendency to raise prices to consumers with dubious effects on service quality, its enormous payout to licensees, and its ability to shut many willing workers out of the workforce-has ...
Using Data from the Census of Fatal Occupational Injuries to Estimate the "value of a statistical life"
(Monthly Labor Review, 2013)
The advent of the Census of Fatal Occupational Injuries has enabled researchers to reduce measurement error in
fatality rate estimates; in turn, estimates of the “value of a statistical life” that are based on labor market ...
Conducting a Large, Multi-Site Survey About Patients' Views on Broad Consent: Challenges and Solutions
(BMC Medical Research Methodology, 2016)
As biobanks play an increasing role in the genomic research that will lead to precision medicine, input from diverse and large populations of patients in a variety of health care settings will be important in order to ...
The Inference from Authority to Interpretive Method in Constitutional and Statutory Domains
(Cornell Law Review, 2017)
Should courts interpret the Constitution as they interpret statutes? This question has been answered in a wide variety of ways. On the one hand, many scholars and jurists understand constitutional and statutory interpretation ...
Fraud on the Market: An Action Without a Cause
(University of Pennsylvania Law Review, 2011)
This is a response to William W. Bratton & Michael L. Wachter, The Political Economy of Fraud on the Market, 160 U. PA. L. REV. 69 (2011). Bratton and Wachter argue that fraud-on-the-market class actions (FOTM) should be ...