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    AuthorVandenbergh, Michael P. (20)McKanders, Karla Mari (11)Clarke, Jessica A. (8)George, Tracey E. (7)Skiba, Paige Marta (7)Mayeux, Sara (6)Mikos, Robert A. (6)Ricks, Morgan (6)Rossi, Jim (6)Thomas, Randall S. (6)... View MoreSubject
    law (137)
    environmental law (25)criminal law (15)climate change (13)civil rights (8)constitutional law (8)discrimination (8)federalism (8)immigration law (8)banking law (7)... View MoreDate Issued2010 - 2019 (109)2000 - 2009 (26)1990 - 1999 (1)1986 - 1989 (1)Has File(s)Yes (137)

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    Indemnification as an Alternative to Nullification 

    Mikos, Robert A. (Montana Law Review, 2015)
    The federalization of criminal law arguably threatens the states’ traditional police powers. Congress has criminalized myriad activities the states condone (or at least tolerate); it has denied federal criminal defendants ...
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    Surprise vs. Probability as a Metric for Proof 

    Cheng, Edward K.; Ginther, Matthew (Seton Hall Law Review, 2018)
    In this Symposium issue celebrating his career, Professor Michael Risinger in Leveraging Surprise proposes using "the fundamental emotion of surprise" as a way of measuring belief for purposes of legal proof. More specifically, ...
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    Climate Change 

    Vandenbergh, Michael P. (Southern California Law Review, 2008)
    The central problem confronting climate change scholars and policymakers is how to create incentives for China and the United States to make prompt, large emissions reductions. China recently surpassed the United States ...
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    The Idea of "The Criminal Justice System" 

    Mayeux, Sara (American Journal of Criminal Law, 2018)
    The phrase “the criminal justice system” is ubiquitous in discussions of criminal law, policy, and punishment in the United States — so ubiquitous that almost no one thinks to question the phrase. However, this way of ...
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    Principles of Risk Assessment 

    Slobogin, Christopher (Ohio State Journal of Criminal Law, 2018)
    Risk assessment — measuring an individual’s potential for offending — has long been an important aspect of criminal justice, especially in connection with sentencing, pretrial detention and police decision-making. To aid ...
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    A Simpler Approach to Finance Reform 

    Ricks, Morgan (Regulation, 2013)
    There is a growing consensus that new financial reform legislation may be in order. The Dodd-Frank Act of 2010, while well-intended, is now widely viewed to be at best insufficient, at worst a costly misfire. Members of ...
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    Legal Strategies for Economic Empowerment of Persons in Recovery 

    Rogal, Lauren (West Virginia Law Review, 2018)
    Substance use disorders, which afflict nearly 8% of the U.S. population, exact a devastating human and economic toll. The opioid epidemic has caused overdose deaths to quadruple since 1999. In 2013 alone, the epidemic ...
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    Safety First: The Deceptive Allure of Full Reserve Banking 

    Ricks, Morgan (University of Chicago Law Review Online, 2016)
    In Safe Banking, Professor Adam Levitin joins a venerable tradition in the money and banking literature. That tradition, called full reserve banking, has claimed a number of illustrious supporters over the years, including ...
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    Against Immutability 

    Clarke, Jessica A. (Yale Law Journal, 2015)
    Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include ...
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    Making Preemption Less Palatable 

    Mikos, Robert A. (George Washington Law Review, 2017)
    Congressional preemption constitutes perhaps the single greatest threat to state power and to the values served thereby. Given the structural incentives now in place, there is little to deter Congress from preempting state ...
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