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Contorting Common Article 3
(Georgia Journal of International & Comparative Law, 2017)
This short Essay describes the circularity of support between the ICRC and the Pre-Trial Chambers of the ICC. Its successive sections describe the problematic potential of extending the substantive coverage of Common
Article ...
The New Politics of New Property and the Takings Clause
(Vermont Law Review, 2017)
This Essay offers a broad gloss on the traditional politics of property protection and then catalogues a number of ways in which those politics have been changing. In many cases, the account is of fragmentation and
fracture ...
The Ideological Consequences of Selection: A Nationwide Study of the Methods of Selecting Judges
(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 ...
Judicial Politics and Decisionmaking: A New Approach
(Vanderbilt Law Review, 2017)
In twenty-five different experiments conducted on over 2,200 judges, we assessed whether judges' political ideology influences their resolution of hypothetical cases. Generally, we found that the political ideology of the ...
Transforming (perceived) Rigidity in Environmental Law Through Adaptive Governance
(Ecology and Society, 2017)
The Endangered Species Act (ESA) is often portrayed as a major source of instability and crisis in river basins of the U. S. West, where the needs of listed fish species frequently clash with agriculture dependent on federal ...
Intersectional Complications of Healthism
(Marquette Benefits & Social Welfare Review, 2017)
For Americans in the labor market with health conditions that fall outside the scope of the ADA, the rehabilitation Act, and GINA, antihealthism legislation, like the kind proposed by Roberts and Leonard, 9would unquestionably ...
Honest Copying Practices
(Notre Dame Law Review, 2017)
One of intellectual property theory’s operating assumptions is that creating is hard while copying is easy. But it is not always so. Copies, though outwardly identical, can come from different processes, from cheap digital ...
Saving the Political Consensus in Favor of Free Trade
(Vanderbilt Law Review, 2017)
2016 is the year that the political consensus in favor of liberalized international trade collapsed. Across the world, voters’ belief that international trade agreements lead to economic inequality threatens to derail ...
Scalia in the Casebooks
(University of Chicago Law Review, 2017)
In the time since Justice Antonin Scalia’s untimely death, much has been written about what his influence has been and what his influence will be. In this Essay, we try to quantify Scalia’s influence in law school ...
State Criminal Appeals Revealed
(Vanderbilt Law Review, 2017)
Every state provides appellate review of criminal judgments, yet little research examines which factors correlate with favorable outcomes for defendants who seek appellate relief. To address this scholarly gap, this paper ...