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Now showing items 21-30 of 57
A Revised Monitoring Model Confronts Today's Movement Toward Managerialism
(Texas Law Review, 2021)
There are many lessons to be drawn from the sweep of history. In law, the compelling story repeatedly told is the observable co-movement of law on the one hand, and economic, social, and political changes on the other hand. ...
Efficient Ethical Principles for Making Fatal Choices
(Notre Dame Law Review, 2021)
Resource allocations of all kinds inevitably encounter financial constraints, making it infeasible to make financially unbounded commitments. Such resource constraints arise in almost all health and safety risk contexts, ...
Damages to Deter Police Shootings
(University of Illinois Law Review, 2021)
Many fatal shootings by police are not warranted. These shootings impose losses on the victims and their families and reflect the failure of existing administrative and legal restraints to deter these unwarranted shootings. ...
A World of Difference? Law Enforcement, Genetic Data, and the Fourth Amendment
(Duke Law Journal, 2021)
Law enforcement agencies are increasingly turning to genetic databases as a way of solving crime, either through requesting the DNA profile of an identified suspect from a database or, more commonly, by matching crime scene ...
FedAccounts: Digital Dollars
(George Washington Law Review, 2021)
We are entering a new monetary era. Central banks around the world--spurred by the development of privately controlled digital currencies as well as competition from other central banks-have been studying, building, and, ...
Certifying Second Chances
(Cardozo Law Review, 2021)
Policymakers around the country are grappling with how to provide a second chance to people with criminal records. These records create collateral consequences-invisible punishments that inhibit opportunity in all facets ...
We Need a Cole Memorandum for Magic Mushrooms
(University of Illinois Law Review Online, 2021)
In fall 2020, as the nation elected Joe Biden to be our Forty-Sixth President, Oregon voters also passed a noteworthy new drug law reform. Known as Measure 109, Oregon's path-breaking law legalizes the use of psilocybin, ...
Energy Federalism's Aim
(Harvard Law Review Forum, 2021)
The Federal Power Act (FPA) has endured for eighty-five years, in part because it does not embrace a single regulatory approach for the energy industry. Nor does the FPA favor a single approach to federalism: it delegates ...
The Research Patent
(Vanderbilt Law Review, 2021)
The patent system gives courts the discretion to tailor patentability standards flexibly across technologies to provide optimal incentives for innovation. For chemical inventions, the courts deem them unpatentable if the ...
Supreme Court Reform and American Democracy
(Yale Law Journal Forum, 2021)
In "How to Save the Supreme Court," we identified the legitimacy challenge facing the Court, traced it to a set of structural flaws, and proposed novel reforms. Little more than a year later, the conversation around Supreme ...