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Now showing items 51-60 of 61
Public Entrenchment through Private Law: Binding Local Governments
(University of chicago Law Review, 2011)
Anti-entrenchment rules prevent governments from passing unrepealable legislation and ensure that subsequent governments are free to revisit the policy choices of the past. However, governments — and local governments in ...
Agency Independence After PCAOB
(Cardozo Law Review, 2011)
Separation of powers has a new endeavor. The PCAOB decision
makes the validity of good-cause removal protections depend on the
separation of adjudicative from policymaking and enforcement
functions within the agency. At a ...
Comparing CEO Employment Contract Provisions: Differences Between Australia and the United States
(Vanderbilt Law Review, 2011)
The results of our comparison of U.S. and Australian contracts offer some interesting contrasts with several earlier studies that compare U.S. and U.K. CEO compensation. In those prior studies, the authors conclude that ...
Brain Scans as Evidence: Truths, Proofs, Lies, and Lessons
(Mercer Law Review, 2011)
This contribution to the Brain Sciences in the Courtroom Symposium identifies and discusses issues important to admissibility determinations when courts confront brain-scan evidence. Through the vehicle of the landmark ...
Economics, Behavioral Biology, and Law
(Supreme Court Economic Review, 2011)
The article first compares economics and behavioral biology, examining the assumptions, core concepts, methodological tenets, and emphases of the two fields. Building on this, the article then compares the applied ...
Money and (Shadow) Banking: A Thought Experiment
(Review of Banking and Financial Law, 2011)
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 ...
The Landscape of Collective Management Schemes
(Columbia Journal of Law & the Arts, 2011)
I see a bright future for collective management as a model. Each country and each CMO will be different and United States CMOs will likely have fewer collectivized elements than their foreign counterparts. But beyond those ...
The Backwards Gesture: Historical Narratives in Carol Rose's Property Scholarship
(William & Mary Bill of Rights Journal, 2011)
I was a student in Carol Rose's property course twelve years ago, and she was the
first law professor whose scholarship I sought out and read. Going into my IL spring semester, if I had to guess how I would spend my ...
Evolving Equality: The Development of the International Defense Bar
(Stanford Journal of International Law, 2011)
Defense counsel in international criminal proceedings face difficult challenges that are intrinsic to the modern system of internationalized accountability; yet their professionalism and performance represent perhaps the ...
Sorting Guilty Minds
(New York University Law Review, 2011)
Because punishable guilt requires that bad thoughts accompany bad acts, the Model Penal Code (MPC) typically requires that jurors infer the past mental state of a criminal defendant. More specifically, jurors must sort ...