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Now showing items 21-30 of 46
Better Bounty Hunting
(Northwestern University Law Review, 2014)
The SEC’s new whistleblower bounty program has provoked significant controversy. That controversy has centered on the failure of the implementing rules to make internal reporting through corporate compliance departments a ...
Anatomy of an Uprising
(Boston University International Law Journal, 2014)
During the Arab Spring, Moroccan men and women first took to the streets on February 20, 2011 to demand governmental reforms. Their movement became known as the Mouvement du 20-Février. In a series of protests, Moroccans ...
Copyright Infringement and the Separated Powers of Moral Entrepreneurship
(American Criminal Law Review, 2014)
This Article examines the copyright industries’ “moral entrepreneurs,” sociologist Howard Becker’s term for enterprising crusaders who seek to change existing social norms regarding particular conduct. Becker’s conception ...
Introducing New Voices
(Journal of Law, 2014)
Students rarely have the time to repackage last semester's research for submission to law reviews. Even if they do, law reviews are loathe to publish work submitted by students. Publication in a peer-reviewed journal is ...
Passive Takings
(Michigan Law Review, 2014)
As conventionally understood, regulatory takings doctrine protects property owners from the most significant costs of legal transitions. Legal change has therefore always been central to regulatory takings claims. This ...
Symposium: The Role of Federal Law in Private Wealth Transfer
(Vanderbilt Law Review, 2014)
Increasingly, federal law impacts court decisions involving private wealth transfer. Increasingly, federal law is the central consideration in premortem and postmortem planning for private wealth transfer. Despite this, ...
Casting a FRAND Shadow: The Importance of Legally Defining "Fair and Reasonable" and How "Microsoft v. Motorola" Missed the Mark
(Texas Intellectual Property Law Journal, 2014)
High tech markets must strike an awkward balance between coordination and competition in order to achieve efficiency. The need for competition is familiar; antitrust--as well as many other legal institutions--recognizes ...
"Maladaptive" Federalism: The Structural Barriers to Coordination of State Sustainability Initiatives
(Case Western Law Review, 2014)
While the federal government has been slow to address problems such as climate change, many states have adopted innovative approaches to address the climate impact of using natural resources to produce energy, including ...
The Classical Constitution and the Historical Constitution: Separated at Birth
(New York University Journal of law & Liberty, 2014)
As part of symposium on Richard Epstein’s new book, The Classical Liberal Constitution, this article points out that his purportedly historical approach is actually present-oriented, which undermines two particular parts ...
The Permit Power Revisited
(Duke Law Journal, 2014)
Two decades ago, Professor Richard Epstein fired a shot at the administrative state that has gone largely unanswered in legal scholarship. His target was the “permit power,” under which legislatures prohibit a specified ...