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Now showing items 61-70 of 508
Deterring and Compensating Oil-Spill Catastrophes: The Need for Strict and Two-Tier Liability
(Virginia Law Review, 2011)
The BP Deepwater Horizon oil spill highlighted the glaring weaknesses in the current liability and regulatory regime for oil spills and for environmental catastrophes more broadly. This Article proposes a new liability ...
The Alien Tort Statute and Federal Common Law: A New Approach
(Notre Dame Law Review, 2010)
Federal courts faced with Alien Tort Statute cases have applied customary international law to some issues and federal common law to others. This binary approach is analogous in certain respects to a Bivens action, with ...
ISS Recommendations and Mutual Fund Voting on Proxy Proposals
(Villanova Law Review, 2010)
This article analyzes mutual fund voting data from 2003-2008, the first
five proxy seasons for which this data is available, and seeks to identify
the extent to which mutual funds vote consistently with the voting ...
Federal Preemption and Clean Energy Floors
(North Carolina Law Review, 2013)
Federal policies regarding renewable and clean energy often lack clear definition, are incomplete, and are scattered across multiple statutes and agencies. Yet at the same time, recent decisions of both federal agencies ...
Rethinking Novelty in Patent Law
(Duke Law Journal, 2011)
The novelty requirement seeks to ensure that a patent will not issue if the public already possesses the invention. Although gauging possession is usually straightforward for simple inventions, it can be difficult for those ...
The New Old Legal Realism
(Northwestern University Law Review, 2011)
Judges produce opinions for numerous purposes. A judicial opinion decides a case and informs the parties whether they won or lost. But in a common law system, the most important purpose of the opinion, particularly the ...
Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settlements on Targeted Firms
(University of Pennsylvania Law Review, 2010)
The ongoing Great Recession has triggered numerous proposals to improve the regulation of financial markets and, most importantly, the regulation of organizations such as credit rating agencies, underwriters, hedge funds, ...
The Limits of a National Renewable Portfolio Standard
(Connecticut Law Review, 2010)
In this Commentary Article, Professor Rossi highlights some of the distributional and operational problems presented by a national renewable portfolio standard ("RPS") in electric power. He also offers several solutions ...
Harmonizing Distributed Energy and the Endangered Species Act
(San Diego Journal of Climate and Energy Law, 2013)
This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and ...
Lafler v. Cooper and AEDPA
(Yale Law Journal Online, 2012)
The Supreme Court in Missouri v. Frye1 and Lafler v. Cooper2 broke new ground by holding for the first time that a defendant’s right to the effective assistance of counsel under the Sixth Amendment can be violated by the ...