Now showing items 1-10 of 44
Making Nuisance Ecological
(Case Western Reserve Law Review, 2008)
Common law nuisance doctrine has the reputation of having provided much of the strength and content of environmental law prior to the rise of federal statutory regimes in the 1970s, but since then has taken a back seat to ...
The Myth of the Generalist Judge
(Stanford Law Review, 2008-12)
Conventional judicial wisdom assumes and indeed celebrates the ideal of the generalist judge, but do judges really believe in it? This Article empirically tests this question by examining opinion assignments in the federal ...
From Judge to Justice: Social Background Theory and the Supreme Court
(North Carolina Law Review, 2008)
The Roberts Court Justices already have revealed many differences from one another, but they also share a (possibly) significant commonality: Presidents promoted all of them to the U.S. Supreme Court from the U.S. Courts ...
Counterinsurgency and Constitutional Design
(Harvard Law Review, 2008)
Few think of counterinsurgency as linked to constitutional design. Counterinsurgency is bottom-up; constitutional design is top-down. Counterinsurgency is military; constitutional design is political-legal. Counterinsurgency ...
Farms and Ecosystem Services
Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.
Errors, Omissions, and the Tennessee Plan
(The University of Memphis Law Review, 2008)
In the Spring 2008 issue of the Tennessee Law Review, I wrote an essay questioning whether Tennessee's merit system for selecting appellate judges - the Tennessee Plan - satisfies the requirements of the Tennessee Constitution. ...
There are Plaintiffs and . . . There are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements
(Vanderbilt Law Review, 2008)
In this paper, we examine the impact of the PSLRA and more particularly the impact the type of lead plaintiff on the size of settlements in securities fraud class actions. We thus provide insight into whether the type of ...
The Enablement Pendulum Swings Back
(Northwestern Journal of Technology and Intellectual Property, 2008)
Possibly in response to criticisms that the U.S. patent system affords too much legal protection to patent owners, the courts have begun to chip away at patent rights. Curiously enough, the Supreme Court has heard a ...
The Evolving Role of Institutional Investors in Corporate Governance and Corporate Litigation
(Vanderbilt Law Review, 2008)
Each of the articles in this Symposium sheds new light on the ever-changing role of institutional investors in U.S. corporate governance and corporate litigation. They cover a broad range of topics, including institutional ...
Capitalism and the Tax System: A Search for Social Justice
(SMU Law Review, 2008)
America is a country founded on ideas. The Enlightenment presented one set of ideas that attended our birth, and one Enlightenment belief that is as strong today as during the revolution is our faith in capitalism and the ...