In the past decade, a new frontier of constitutional discourse has begun to emerge, adding a fresh perspective to state constitutional law. Instead of treating states as jurisdictional islands in a sea under reign of the ...

This article, part of a symposium on prosecutorial discretion, uses the Martha Stewart case to look more closely at the various types of discretion prosecutors wield. Unlike some other commentators, we are not persuaded ...

In this article, we conduct a meta-analysis of studies of simulated negotiations to explore the impact of an initial "anchor," typically an opening demand or offer, on negotiation outcomes. We find that anchoring has a ...

The market for art and cultural property is international. Demand is intense and not particularly local in terms of consumer preference. 2 Supply responds to this intense international demand. Like most anything else, art ...

This paper argues that international copyright treaties, such as the WTO TRIPS Agreement, should no longer be developed as sets of minimum standards with a standardized exception filter, namely the three-step test, but ...

Frequently, state-wide executive agencies and localities attempt to implement federally-inspired programs. Two predominant examples are cooperative federalism programs and incorporation of federal standards in state-specific ...

In contrast to the Supreme Court, which typically reverses the cases it hears, the United States Courts of Appeals almost always affirm the cases that they hear. We set out to explore this affirmance effect on the U.S. ...

This article suggests ways in which the common law can integrate concepts of ecosystem services to fulfill pragmatic objectives of common law doctrine. Rather than requiring a radical departure from traditional common law ...

"Dred Scott v. Sanford", "Plessy v. Ferguson", "Brown v. Board of Education" and "Grutter v. Bollinger" all demonstrate that law alone is not enough to make social change. Instead, lawyers interested in social change must ...

Nearly every treatment of scientific evidence begins with a faithful comparison between the Frye and Daubert standards. Since 1993, jurists and legal scholars have spiritedly debated which standard is preferable and whether ...