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Now showing items 401-410 of 463
An Originalism for Foreign Affairs
(Saint Louis University Law Journal, 2008)
Legal scholarship on foreign affairs frequently focuses on the Constitution's text and original meaning, but generally does not fully engage debates about originalism as a method of modern constitutional interpretation. ...
Cities, Green Construction, and the Endangered Species Act
(Virginia Environmental Law Journal, 2009)
The geographic footprint of cities--the space they occupy--is relatively small in comparison to their ecological footprint, which is measured in terms of impact on the sustainability of resources situated mostly outside ...
Skin Color Discrimination and Immigrant Pay
(Emory Law Journal, 2008)
In "Profiling the New Immigrant Worker: The Effects of Skin Color and Height," (Journal of Labor Economics 2008), I present strong evidence of a wage penalty to darker skin color among new legal immigrants to the United ...
Crossing the Color Line: Racial Migration and the One-Drop Rule, 1600-1860
(Minnesota Law Review, 2007)
Scholars describe the one-drop rule--the idea that any African ancestry makes a person black--as the American regime of race. While accounts of when the rule emerged vary widely, ranging from the 1660s to the 1920s, most ...
Should Judges Do Independent Research on Scientific Issues?
(Judicature, 2006)
Judges are deeply divided about the issue of independent research, which goes to the heart of their roles and responsibilities in the legal system. To many judges, doing independent research when confronted with new and ...
Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State
(Georgetown Law Journal, 2003)
Since the New Deal, and even before, regulatory law has grown relentlessly ever more massive, detailed, and encompassing. The sentiment, "there's too much law", surely rings true on a daily basis to both practitioners and ...
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 ...