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Now showing items 21-30 of 65
Corporate Voting
(Vanderbilt Law Review, 2009)
Discussion of shareholder voting frequently begins against a background of the democratic expectations and justifications present in decision-making in the public sphere. Directors are assumed to be agents of the shareholders ...
Does Private Equity Create Wealth? The Effects of Private Equity and Derivatives on Corporate Governance
(University of Chicago Law Review, 2009)
Private equity has reaped large rewards in recent years. We claim that one major reason for this success is due to the corporate governance advantages of private equity over the public corporation. We argue that the ...
On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime
(Vanderbilt Law Review, 2009)
Using the conflict over medical marijuana as a timely case study, this Article explores the overlooked and underappreciated power of states to legalize conduct Congress bans. Though Congress has banned marijuana outright, ...
The Death Penalty in Florida
(Elon Law Review, 2009)
This article summarizes the findings and recommendations of the ABA Death Penalty Moratorium Implementation Project's Florida Assessment Team, which I chaired. Relying on an analysis of caselaw, studies, news reports, and ...
Condemning Religion: RLUIPA and the Politics of Eminent Domain
(Notre Dame Law Review, 2009)
Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to ...
A Derivatives Market in Legal Academia
(Green Bag 2D, 2009)
Building on the success of derivatives markets in the financial arena, I show how similar markets can be used to hedge risk in legal academia. Prudent use of these markets will generate cash, mitigate errors in hiring, and ...
Justice Ginsburg's Gradualism in Criminal Procedure
(Ohio State Law Journal, 2009)
This article, written for a symposium analyzing Justice Ginsburg’s jurisprudence on the 15th anniversary of her tenure on the Supreme Court, is the first sustained look at her views on criminal procedure issues (search and ...
Law, Statistics, and the Reference Class Problem
(Columbia Law Review, 2009)
Statistical data are powerful, if not crucial, pieces of evidence in the courtroom. Whether one is trying to demonstrate the rarity of a DNA profile, estimate the value of damaged property, or determine the likelihood that ...
Of Clusters and Assumptions: Innovation as Part of a Full TRIPS Implementation
(Fordham Law Review, 2009)
Because TRIPS introduced a high(er) level of intellectual property protection in a number of developing countries, it provides an opportunity to examine the impact of the introduction of (property) rights on a variety of ...
A Defense of the Integrationist Test as a Replacement for the Special Defense of Insanity
(Texas Tech Law Review, 2009)
This article, written for a symposium on "Criminal Law and the Excuses," defends the "Integrationist" approach to analysis of the exculpatory effect of mental disability that I developed in Chapter Two of my book, Minding ...