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Now showing items 11-19 of 19
Is the Constitution Special?
(Cornell Law Review, 2016)
"[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger when Chief Justice John Marshall wrote those words, there is none today. Americans regularly assume that the Constitution ...
Less is More
(Alabama Law Review, 2016)
Eradicating discrimination is a lofty goal, ard since the second half of the twentieth century, the United States has largely relied upon the legal system to achieve this goal. Yet a great deal of scholarship suggests ...
Economic Structure and Constitutional Structure
(Texas Law Review, 2016)
In the last four decades, the American middle class has been hollowed out, and fears are growing that economic inequality is leading to political inequality. These trends raise a troubling question: Can our constitutional ...
Insuring Takings Claims
(Northwestern University Law Review, 2016)
Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or ...
The Invisible Revolution in Plea Bargaining
(Texas Law Review, 2016)
This article, the most comprehensive study of judicial participation in plea negotiations since the 1970s, reveals a stunning array of new procedures that involve judges routinely in the settlement of criminal cases. ...
Conducting a Large, Multi-Site Survey About Patients' Views on Broad Consent: Challenges and Solutions
(BMC Medical Research Methodology, 2016)
As biobanks play an increasing role in the genomic research that will lead to precision medicine, input from diverse and large populations of patients in a variety of health care settings will be important in order to ...
Unfulfilled Promises
(DePaul Law Review, 2016)
The passage of the ACA is a source of great pride for President Barack Obama's Administration, and the President undoubtedly hopes that the ACA will be his greatest legacy. 285 As a result, it is difficult to understand ...
Agencies Running from Agency Discretion
(William & Mary Law Review, 2016)
Discretion is the root source of administrative agency power and influence, but exercising discretion often requires agencies to undergo costly and time-consuming pre-decision assessment programs, such as under the Endangered ...
James D. Cox: The Shareholders' Best Advocate
(Duke Law Journal, 2016)
This Article explores the historical development of the academic analysis of corporate law over the past forty years through the scholarship of one of its most influential commentators, Professor James D. Cox of the Duke ...