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Now showing items 21-30 of 53
"Sell's" Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication
(Washington University Law Review, 2012)
The Supreme Court's 2003 decision in Sell v. United States declared that situations in which the state is authorized to forcibly medicate a criminal defendant to restore competency to stand trial "may be rare." Experience ...
Angry Judges
(Vanderbilt Law Review, 2012)
Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges’ anger should influence their behavior and decision making. On the one hand, anger is the ...
Suing Courts
(University of Chicago Law Review, 2012)
This Article argues for a new and unexpected mechanism of judicial accountability:
suing courts. Current models of court accountability focus almost entirely on correcting
legal errors. A suit against the court would ...
Making the Most of United States v. Jones in a Surveillance Society: A Statutory Implementation of Mosaic Theory
(Duke Journal of Constitutional Law & Public Policy, 2012)
In the Supreme Court's recent decision in United States v. Jones, a majority of the Justices appeared to recognize that under some circumstances aggregation of information about an individual through governmental surveillance ...
Does Product Liability Make Us Safer?
(Regulation, 2012)
Product liability law is intended to create an environment that fosters safer products. However, this law often has adverse consequences. Some of the problems stem from the inherent nature of product risk decisions and the ...
Atrocity, Entitlement, and Personhood in Property
(Virginia Law Review, 2012)
For a generation since Margaret Jane Radin’s classic article Property and Personhood, scholars have viewed personhood as a conception of property that affirms autonomy, dignity, and basic civil rights, a progressive ...
Clean Energy and the Price Preemption Ceiling
(San Diego Journal of Climate & Energy Law, 2012)
Since the New Deal, federal preemption has precluded many state and local regulatory decisions that depart from wholesale electric prices determined under federal standards. Recent decisions treat prices that meet the ...
International Law in Domestic Courts and the Jurisdictional Immunities of the State Case
(Melbourne Journal of International Law, 2012)
National court litigation in Greece and Italy prompted Germany to bring suit before the international Court of Justice (‘ICJ’), resulting in the Jurisdictional Immunities of the State judgment. The history of that litigation, ...
A Theory of Representative Shareholder Suits and its Application to Multijurisdictional Litigation
(Northwestern University Law Review, 2012)
We develop a theory to explain the uses and abuses of representative shareholder litigation based on its two most important underlying characteristics: the multiple sources of the legal rights being redressed (creating ...
The Constitutionality of Federal Jurisdiction-Stripping Legislation and the History of State Judicial Selection and Tenure
(Virginia Law Review, 2012)
Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal ...