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Now showing items 11-20 of 508
The Exclusionary Rule: Is It on Its Way Out? Should It Be?
(Ohio State Journal of Criminal Law, 2013)
This symposium, comprising six articles in addition to this one, was triggered by a spate of Supreme Court opinions occurring over the last seven years, all of which raise the two questions in the title to this article ...
Scientific Evidence as Foreign Law
(Brooklyn Law Review, 2010)
Most contemporary debates about scientific evidence focus on admissibility under Daubert and the Federal Rules of Evidence. That bias is quite understandable-after all, it is the framework imposed by the United States ...
Background Principles, Takings, and Libertarian Property: A Reply to Professor Huffman
(Ecology Law Quarterly, 2010)
One of the principal, if unexpected, results of the Supreme Court's 1992 decision in "Lucas v. South Carolina" Coastal Commission is the rise of background principles of property and nuisance law as a categorical defense ...
The Influence of the Areeda-Hovenkamp Treatise in the Lower Courts and What It Means for Institutional Reform in Antitrust
(Iowa Law Review, 2015)
It is often pointed out that while the United States Supreme Court is the final arbiter in setting antitrust policy and promulgating antitrust rules, it does so too infrequently to be an efficient regulator. And since the ...
Customary International Law
(Michigan Journal of International law, 2016)
Contemporary international lawmaking is characterized by a rapid growth of “soft law” instruments. Interdisciplinary studies have followed suit, purporting to frame the key question states face as a choice between soft and ...
The Shifting Tides of Merger Litigation
(Vanderbilt Law Review, 2018)
In 2015, Delaware made several important changes to its laws concerning merger litigation. These changes, which were made in response to a perception that levels of merger litigation were too high and that a substantial ...
Back to the Future
(Case Western Reserve Journal of International Law, 2015)
This essay refocuses the debate over autonomous weapons systems to consider the potentially salutary effects of the evolving technology. Law does not exist in a vacuum and cannot evolve in the abstract. Jus in bello norms ...
Reference-Dependent Valuations of Risk: Why Willingness-to-Accept Exceeds Willingness-to-Pay
(Journal of Risk and Uncertainty, 2011)
The gap between willingness-to-pay (WTP) and willingness-to-accept (WTA) benefit values typifies situations in which reference points — and direction of movement from reference points — are consequential. Why WTA-WTP ...
Seeking Genomic Knowledge: The Case for Clinical Restraint
(Hastings Law Journal, 2013)
Genome sequencing technology provides new and promising tests for clinical practice,
including whole genome sequencing, which measures an individual's complete DNA
sequence, and whole exome sequencing, which measures the ...
Uninformative Patents
(Houston Law Review, 2017)
It is a bedrock principle of patent law that an inventor need not know or understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But ...