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Now showing items 11-20 of 34
Normalizing Erie
(Vanderbilt Law Review, 2016)
This Article argues that the Erie doctrine should be normalized by bringing it into line with ordinary doctrines of federalism. Under ordinary federalism doctrines – such as the dormant commerce clause, implied preemption, ...
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 ...
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 ...
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 ...
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 ...
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 ...
Symposium: The Disclosure Function of the Patent System
(Vanderbilt Law Review, 2016)
Achieving a robust disclosure from patent applicants is no easy task because it brings to the fore competing goals of the patent system. For example, the law must strike a balance between its interest in early disclosure ...
Reforming Regulation
(Politico Magazine, 2016-11-01)
The debate over federal regulation has long been at the center of political contests. But surprisingly, the degree of agreement about regulation is considerable. No serious commentator denies that regulation is essential ...
The Presidential Memorandum on Mitigation
(Natural Resources & Environment, 2016)
TOn November 3, 2015, President Obama issued a Presidential Memorandum aimed at unifying the mitigation practice and policy for activities carried out and approved by the Departments of Defense, Interior, and Agriculture, ...
What Gideon Did
(Columbia Law Review, 2016)
Many accounts of Gideon v Wainwright s legacy focus on what Gideon did not do--its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few "outlier" states, ...