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Commenting on Geier v. American Honda Motor Co.
(Harvard Law Review, 2000)
Preemption is probably the most frequently used constitutional doctrine in practice. It is the doctrine by which Congress supersedes state law and establishes uniform federal regulatory schemes to ensure the smooth ...
Soft Law as Delegation
(Fordham International Law Journal, 2009)
This article examines one of the most important trends in international legal governance since the end of the Second World War: the rise of "soft law," or legally non-binding instruments. Scholars studying the design of ...
Judicial Entrepreneurs on the U.S. Courts of Appeals: A Citation Analysis of Judicial Influence
(2006)
Federal courts of appeals are constrained by the power and preferences of the Supreme Court. The principal-agent model reveals that circuit judges gain power largely by avoiding review. We consider, however, whether circuit ...
Vanderbilt Law School in the Nineteenth Century: Its Creation and Formative Years
(Vanderbilt Law Review, 2003)
Vanderbilt University Law School is recognized today as offering one of the nation's preeminent programs in legal education. Its opening in Nashville in 1874, however, was inauspicious at best, and its operation during the ...
Separated by a Common Language?
(Rutgers Computer & Technology Law Journal, 2009)
This paper examines recent controversies in the legal and policy debate between the U.S. and the EU on the sharing of data in the implementation of transatlantic counter-terrorism measures. The nexus between law and policy ...
Public Ruses
(Michigan Law Review, 2004)
The Fifth Amendment's public use requirement - a dead letter for decades - has recently been resurrected by the Michigan Supreme Court, overruling Poletown, and by the United States Supreme Court, granting certiorari in ...
A View from the Trenches
(Case Western Reserve Journal of International Law, 2003)
As a former armor officer, my roots are literally in the trenches. In sharing my figurative view from the trenches regarding the pursuit of justice, you should know that the pursuit of justice is the very core of our ...
The Failure of Breast Cancer Informed Consent Statutes
(Michigan Journal of Gender & Law, 2008)
Informed consent is a common law concept rooted in the idea that "[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body."' Its aim is to ensure that
each patient ...