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Now showing items 41-50 of 443
Medical Marijuana and the Political Safeguards of Federalism
(Denver University Law Review, 2012)
Medical marijuana has emerged as one of the key federalism battlegrounds of the last two decades. Since 1996, sixteen states have passed new laws legalizing the drug for certain medical purposes.' All the while, the federal ...
Money and (Shadow) Banking: A Thought Experiment
(Review of Banking & Financial Law, 2012)
This paper approaches the shadow banking problem from a monetary point of view. It does so by means of a simple thought experiment. The aim is to strip away the inessentials so as to reveal some of the basic legal-institutional ...
Identity and Form
(California Law Review, 2015)
Recent controversies over identity claims have prompted questions about who should qualify for affirmative action, who counts as family, who is a man or a woman, and who is entitled to the benefits of U.S. citizenship. ...
Constrained Regulatory Exit in Energy Law
(Duke Law Journal, 2018)
In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) ...
Foresight Bias in Patent Law
(Notre Dame Law Review, 2015)
Much of patent reform has focused on efforts to make it harder to obtain and enforce low-quality patents. The most straightforward way to achieve this goal is to raise the substantive standards of patentability. What is ...
Codifying Custom
(University of Pennsylvania Law Review, 2012)
Codifying decentralized forms of law, such as the common law and customary law, has been a cornerstone of the positivist turn in legal theory since at least the nineteenth century. Commentators laud codification’s purported ...
The End of Class Actions?
(Arizona Law Review, 2015)
In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court’s decisions in Concepcion and American Express. These decisions permitted corporations to opt out of ...
Insider Trading and Market Structure
(UCLA Law Review, 2016)
This Article argues that the emergence of algorithmic trading raises a new challenge for the law and policy of insider trading. It shows that securities markets comprise a cohort of algorithmic “structural insiders” that ...
Environmental Law
(Wayne Law Review, 2016)
The decisions of the Michigan Supreme Court and the Michigan Court of Appeals during the Survey period, May 23, 2007 to July 30, 2008, did not dramatically change the course of environmental law in Michigan, nor did they ...
The Constitutionality of Federal Jurisdiction-Stripping Legislation and the History of State Judicial Selection and Tenure
(Virginia Law Review, 2012)
Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal ...