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Now showing items 11-20 of 52
Keynote: Motivating Private Climate Governance
(Arkansas Law Review, 2018)
In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: ...
Explicit Bias
(Northwestern University Law Review, 2018)
In recent decades, legal scholars have advanced sophisticated models for understanding prejudice and discrimination, drawing on disciplines such as psychology, sociology, and economics. These models explain how inequality ...
The Idea of the Criminal Justice System
(American Journal of Criminal Law, 2018)
The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the ...
Presidential Exit
(Duke Law Journal, 2018)
The flow of executive orders, presidential memoranda, proclamations, determinations, executive agreements, national security directives, signing statements and other pronouncements emanating from the early days of every ...
Buchanan and the Right to Acquire Property
(Cumberland Law Review, 2018)
This article examines the impact of the Supreme Court decision in Buchanan v. Warley (1917) invalidating residential segregation laws as a deprivation of property rights without due process of law. The decision was premised ...
Legal Strategies for Economic Empowerment of Persons in Recovery
(West Virginia Law Review, 2018)
This essay focuses on legal strategies to expand employment and entrepreneurship opportunities for persons in recovery. The topic is vital because economic wellbeing contributes to "recovery capital" - the internal and ...
Feminism and the Tournament
(Texas Law Review Online, 2018)
Gender and the Tournament: Reinventing Antidiscrimination Law in the Age of Inequality, by Naomi Cahn, June Carbone, and Nancy Levit, offers a new account of the glass ceiling, connecting the phenomenon with shoddy corporate ...
Delaware's Retreat
(Delaware Journal of Corporation Law, 2018)
The 1980’s is appropriately considered the Golden Age of Delaware corporate law. Within that era, the Delaware courts won international attention by not just erecting the legal pillars that frame today’s corporate governance ...
U.S. Conflict of Laws Involving International Estates and Marital Property
(Iowa Law Review, 2018)
A number of states, as well as foreign jurisdictions, impose a community property regime. Under this regime, regardless of the title to property, each spouse is deemed to own a fifty percent interest in assets. When a ...
The Middle-Class Constitution: A Response
(Boston University Law Review Online, 2018)
I am very grateful to the Boston University Law Review for bringing together such a terrific group of scholars to engage with my book, The Crisis of the Middle-Class Constitution: Why Economic Inequality ...