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Now showing items 1-10 of 11
Making Preemption Less Palatable
(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 ...
Refugee Reception and Perception
(Fordham International Law Journal, 2017)
The reception of refugees and asylum seekers has emerged as one of the most critical contemporary global issues. In 2015, the world experienced the most forced migrants since World War II. This essay compares the treatment ...
Approaches to Carrier Testing and Results Disclosure in Translational Genomics Research
(Molecular Genetics & Genomic Medicine, 2017)
Background: Clinical genome and exome sequencing (CGES) is primarily used to address specific clinical concerns by detecting risk of future disease, clarifying diagnosis, or directing treatment. Additionally, CGES makes ...
Consumer Litigation Funding
(Law and Contemporary Problems, 2017)
This article provides a side-by-side comparison of payday lending and consumer litigation funding in order to aid policymakers. Funding has similarities with payday lending because they are both alternative financial ...
The Ideological Consequences of Selection
(Vanderbilt Law Review, 2017)
One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to ...
Frontiers of Sex Discrimination Law
(Michigan Law Review, 2017)
A short time ago, the argument that sex discrimination includes discrimination on the basis of sexual orientation was considered a risky litigation tactic with little hope of success. One reason was the fear that extending ...
Risky Business?
(Illinois Law Review, 2017)
While it is clear that the new attorney general opposes state marijuana reforms, it is less clear what he will or even could do to block those reforms or to curb the industry that has flourished under them. The popularity ...
Reconstituting the Federalism Battle in Energy Transportation
(Harvard Environmental Law Review, 2017)
This article explores the growing federalism tensions in efforts to expand the nation’s energy transportation infrastructure — the electric transmission lines, natural gas pipelines, natural gas import and export terminals ...
Protected Class Gatekeeping
(New York University Law Review, 2017)
Courts routinely begin their analyses of discrimination claims with the question of whether the plaintiff has proven he or she is a “member of the protected class.” Although this refrain may sometimes be an empty formality, ...
Predicting the Knowledge--Recklessness Distinction in the Human Brain
(Proceedings of the National Academy of Sciences, 2017-03-21)
Criminal convictions require proof that a prohibited act was performed in a statutorily specified mental state. Different legal consequences, including greater punishments, are mandated for those who act in a state of ...