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Now showing items 11-20 of 61
A Former Treasury Adviser On How to Really Fix Wall Street
(The New Republic, 2011)
Any serious program for Wall Street reform should start with two words: “term out.” “Terming out” is a financial term of art, but its meaning is easily grasped. It simply means funding your business with long-term financing ...
Assessing the State of State Constitutionalism
(Michigan Law Review, 2011)
State constitutions are terribly important legal documents, but their interpretation is remarkably understudied (and, of course, highly undertheorized) in the academic literature. This review essay discusses Robert Williams’s ...
Atypical Inventions
(Notre Dame Law Review, 2011)
Patent law is constantly evolving to accommodate advances in science and technology. But, for a variety of reasons, some aspects of patent doctrine have not evolved over time leading to a growing disconnect between the ...
Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State
(Vanderbilt Law Review, 2011)
This article explores in detail the attributes and operation of historic baselines. That historic baselines are found throughout regulatory law is no accident. Particularly when the policy goal involves turning back the ...
Foundational Facts and Doctrinal Change
(University of Illinois Law Review, 2011)
Doctrine is at the center of law and legal analysis. This Article argues that we have fundamentally misunderstood its nature. The conventional approach to legal doctrine focuses on theory and applications. What is the ...
A Critical Appraisal of the Department of Justice's New Approach to Medical Marijuana
(Stanford Law & Policy Review, 2011)
The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hard-ball tactics favored by earlier Administrations, Attorney General Eric Holder announced in ...
Wrong, Out of Step, and Pernicious: Erie as the Worst Decision of All Time
(Pepperdine Law Review, 2011)
This essay was written for “Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History.” A symposium on the worst Supreme Court decision of all time risks becoming an exercise best described by Claude ...
Intraportfolio Litigation
(Northwestern University Law Review, 2011)
The modern trend is for investors to diversify. Shareholders who own one S&P 500 firm tend to own many of the others as well. This trend casts doubt on the traditional compensation and deterrence rationales for legal rules ...
Compensating Differentials for Sexual Harassment
(American Economic Review: Papers & Proceedings, 2011)
This paper provides evidence of the relation between the risk of sexual harassment and
wages. While one approach to detecting the effect on wages of sexual harassment would
be to estimate wage equations controlling for ...
Deterring and Compensating Oil-Spill Catastrophes: The Need for Strict and Two-Tier Liability
(Virginia Law Review, 2011)
The BP Deepwater Horizon oil spill highlighted the glaring weaknesses in the current liability and regulatory regime for oil spills and for environmental catastrophes more broadly. This Article proposes a new liability ...