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Now showing items 31-40 of 51
Authorizations for the Use of Force, International Law, and the "Charming Betsy" Canon
(Boston College Law Review, 2005)
Although international law has figured prominently in many disputes around actions of the U.S. military, the precise relationship between international law and the President's war powers has gone largely unexplored. This ...
Letting Billions Slip Through Your Fingers: Empirical Evidence and Legal Implications of the Failure of Financial Institutions to Participate in Securities Class Action Settlements
(Stanford Law Review, 2005)
This article presents the results of an empirical investigation of the frequency with which financial institutions submit claims in settled securities class actions. We combine an empirical study of a large set of settlements ...
Appeal Waivers and the Future of Sentencing Policy
(Duke Law Journal, 2005)
This paper is the first empirical analysis of appeal waivers clauses in plea agreements by which defendants waive their rights to appellate and postconviction review. Based on interviews and an analysis of data coded from ...
Empirical Measures of Judicial Performance: An Introduction to the Symposium
(Florida State University Law Review, 2005)
Inspired by the burgeoning empirical literature on the judiciary, the editors of the Florida State University Law Review have solicited some papers from leading scholars and federal courts of appeals judges, asking them ...
What is Corporate Law's Place in Promoting Societal Welfare?: An Essay in Honor of Professor William Klein
(Berkeley Business Law Journal, 2005)
This is a short essay on what should be the fundamental criterion used to evaluate corporate law. I argue that the overall goal of good corporate law should be to assist private parties to create wealth for themselves and ...
How "Mead" Has Muddled Judicial Review of Agency Action
(Vanderbilt Law Review, 2005)
In "United States v. Mead Corp.", the Supreme Court held that an agency is entitled to Chevron deference for interpretations of ambiguous statutory provisions only if Congress delegates, and the agency exercises, authority ...
Choice of Law for Internet Transactions: The Uneasy Case for Online Consumer Protection
(University of Pennsylvania Law Review, 2005)
This Essay explores the possibility that the market for online purchases fails to work as efficiently as it can because consumers lack trust in unknown vendors, and it argues that consumer distrust in unknown vendors can ...
Does Frye or Daubert Matter? A Study of Scientific Admissibility Standards
(Virginia Law Review, 2005)
Nearly every treatment of scientific evidence begins with a faithful comparison between the Frye and Daubert standards. Since 1993, jurists and legal scholars have spiritedly debated which standard is preferable and whether ...
Constructing Reality: Social Science and Race Cases
(Northern Illinois University Law Review, 2005)
"Dred Scott v. Sanford", "Plessy v. Ferguson", "Brown v. Board of Education" and "Grutter v. Bollinger" all demonstrate that law alone is not enough to make social change. Instead, lawyers interested in social change must ...
Towards a New Core International Copyright Norm: The Reverse Three-Step Test
(Marquette Intellectual Property Law Review, 2005)
This paper argues that international copyright treaties, such as the WTO TRIPS Agreement, should no longer be developed as sets of minimum standards with a standardized exception filter, namely the three-step test, but ...