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Now showing items 31-40 of 77
Is the Constitution Special?
(Cornell Law Review, 2016)
"[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger when Chief Justice John Marshall wrote those words, there is none today. Americans regularly assume that the Constitution ...
Passive Takings
(Michigan Law Review, 2014)
As conventionally understood, regulatory takings doctrine protects property owners from the most significant costs of legal transitions. Legal change has therefore always been central to regulatory takings claims. This ...
Carbon Taxation by Regulation
(Minnesota Law Review, 2017)
This Article argues that, even though a carbon tax remains politically elusive, “carbon taxation by regulation” has begun to flourish as a way of financing carbon reduction. For more than a century, energy rate setting has ...
The Substantially Impaired Sex
(Minnesota Law Review, 2017)
In making the case for increased attention to and expanded legal remedies for disabled women who experience labor market discrimination, this Article proceeds as follows: Part I reviews previous work on intersectional ...
Why Crime Severity Analysis is Not Reasonable
(Iowa Law Review Bulletin, 2012)
effrey Bellin’s article, Crime Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World, argues that the severity of the crime under investigation ought to be taken into account ...
The Constitutional Ratchet Effect
(Cornell Law Review, 2017)
Christopher Serkin and Nelson Tebbe take an inductive and empirical approach to constitutional interpretation and elaboration. They ask whether attributes of the Constitution justify interpretive exceptionalism--that is, ...
Legal and Institutional Foundations of Adaptive Environmental Governance
(Ecology and Society, 2017)
Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. ...
Economic Structure and Constitutional Structure
(Texas Law Review, 2016)
In the last four decades, the American middle class has been hollowed out, and fears are growing that economic inequality is leading to political inequality. These trends raise a troubling question: Can our constitutional ...
"Maladaptive" Federalism: The Structural Barriers to Coordination of State Sustainability Initiatives
(Case Western Law Review, 2014)
While the federal government has been slow to address problems such as climate change, many states have adopted innovative approaches to address the climate impact of using natural resources to produce energy, including ...
Casting a FRAND Shadow: The Importance of Legally Defining "Fair and Reasonable" and How "Microsoft v. Motorola" Missed the Mark
(Texas Intellectual Property Law Journal, 2014)
High tech markets must strike an awkward balance between coordination and competition in order to achieve efficiency. The need for competition is familiar; antitrust--as well as many other legal institutions--recognizes ...