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Now showing items 31-40 of 65
Emotional Common Sense as Constitutional Law
(Vanderbilt Law Review, 2009)
In Gonzales v. Carhart the Supreme Court invoked post-abortion regret to justify a ban on a particular abortion procedure. The Court was proudly folk-psychological, representing its observations about women's emotional ...
Some Observations on the Future of U.S. Military Commissions
(Case Western Reserve Journal of International Law, 2009)
The Obama Administration confronts many of the same practical and legal complexities that interagency experts debated in the fall of 2001. Military commissions remain a valid, if unwieldy, tool to be used at the discretion ...
Of Silos and Constellations: Comparing Notions of Originality in Copyright Law
(Cardozo Arts & Entertainment Law Journal, 2009)
Originality is a central theme in the efforts to understand human evolution, thinking, innovation, and creativity. Artists strive to be "original," however the term is understood by each of them. It is also one of the major ...
Prediction Markets and Law: A Skeptical Account
(Harvard Law Review, 2009)
Enthusiasm for "many minds" arguments has infected legal academia. Scholars now champion the virtues of groupthink, something once thought to have only vices. It turns out that groups often outperform individuals in ...
Transnationalizing Public Law
(German Law Journal, 2009)
I am tasked today with talking about transnationalization, in particular the question of
whether public law in the United States is undergoing some process of transnationalization
today. My response, based on the work ...
Serendipity
(North Carolina Law Review, 2009)
Serendipity, the process of finding something of value initially unsought, has played a prominent role in modern science and technology. These "happy accidents" have spawned new fields of science, broken intellectual and ...
Keeping the Endangered Species Act Relevant
(Duke Environmental Law & Policy Forum, 2009)
The Endangered Species Act (ESA) has long been the workhorse of species protection in contexts for which a species-specific approach can effectively be employed to address discrete human-induced threats that have straightforward ...
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 ...
Course Correction: My Term at Afghanistan's Graduate School of War
(The New Republic, 2009)
Camp Julien is surrounded by reminders of Afghanistan’s past. The coalition military base— which sits in the hills south of Kabul, just high enough to rise above the thick cloud of smog that perpetually blankets the city—is ...
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 ...