Now showing items 118-137 of 1354

    • Fitzpatrick, Brian T. (Michigan Journal of Race & Law, 2007)
      In 2003, the Supreme Court of the United States held that public universities - and the University of Michigan in particular - had a compelling reason to use race as one of many factors in their admissions processes: to ...
    • Mikos, Robert A. (University of Pennsylvania Law Review, 2012)
      States amass troves of information detailing the regulated activities of their citizens, including activities that violate federal law. Not surprisingly, the federal government is keenly interested in this information. It ...
    • Mikos, Robert A. (University of Pennsylvania Law Review, 2012)
      States amass troves of information detailing the regulated activities of their citizens, including activities that violate federal law. Not surprisingly, the federal government is keenly interested in this information. It ...
    • Slobogin, Christopher, 1951- (American Criminal Law Review, 1981)
      Professor Slobogin examines recent Supreme Court decisions involving standing to challenge search and seizure violations, and argues that the Court's commitment to a "totality of the circumstances" approach has permitted ...
    • Moran, Beverly I. (SMU Law Review, 2008)
      America is a country founded on ideas. The Enlightenment presented one set of ideas that attended our birth, and one Enlightenment belief that is as strong today as during the revolution is our faith in capitalism and the ...
    • Wuerth, Ingrid Brunk (University of Chicago Law Review, 2009)
      The Captures Clause of the United States Constitution gives Congress the power to "make Rules concerning Captures on Land and Water." A variety of courts, scholars, politicians and others have recently cited the Clause to ...
    • Rossi, Jim (Minnesota Law Review, 2017)
      This Article argues that, even though a carbon tax remains politically elusive, “carbon taxation by regulation” has begun to flourish as a way of financing carbon reduction. For more than a century, energy rate setting has ...
    • Vandenbergh, Michael P.; Steinemann, Anne C. (New York University Law Review, 2007)
      Reducing the risk of catastrophic climate change will require leveling off greenhouse gas emissions over the short term and reducing emissions by an estimated sixty to eighty percent over the long term. To achieve these ...
    • Viscusi, W. Kip (AEA Papers and Proceedings, 1995)
      In this paper, I will explore the decision to regulate natural and synthetic chemicals. To what extent are regulatory decisions driven by the severity of the risk as opposed to the character of the risk exposure? The ...
    • Guthrie, Chris (Southern California Law Review, 2008)
      In "Gonzales v. Carhart", the Supreme Court upheld the Partial-Birth Abortion Ban Act. In so doing, the Court used the prospect of regret to justify limiting choice. Relying on empirical evidence documenting the four ways ...
    • Allensworth, Rebecca Haw; Edlin, Aaron S. (University of Pennsylvania Law Review, 2014)
      It has been over a hundred years since George Bernard Shaw wrote that “[a]ll professions are a conspiracy against the laity.” Since then, the number of occupations and the percentage of workers subject to occupational ...
    • Slobogin, Christopher (California Law Review, 2020)
      In their article in this issue, Professors Peter Menell and Ryan Vacca describe a federal court docket that is overloaded and unable to process cases efficiently. As they depict it, justice in the federal courts is either ...
    • Slobogin, Christopher (California Law Review, 2020)
      In their article in this issue, Professors Peter Menell and Ryan Vacca describe a federal court docket that is overloaded and unable to process cases efficiently. As they depict it, justice in the federal courts is either ...
    • Yadav, Yesha (Vanderbilt Law Review, 2014)
      Scholars have long lamented that the growth of modern finance has given way to a decline in debt governance. According to current theory, the expansive use of derivatives that enable lenders to trade away the default risk ...
    • Ruhl, J. B. (Environmental Law, 1997)
      Almost as soon as it was invented in the early 1970s, the United States' modern environmental law framework has been the subject of calls for reform. Six divergent reform approaches predominate that debate today, and behind ...
    • Schlunk, Herwig J. (Tax Law Review, 2001)
      Proposals for reforming the federal corporate income tax are neverending and ever-multiplying. They range from those that merely tinker around the edges, such as most recent proposals attacking the various perceived abuses ...
    • Allensworth, Rebecca Haw (Texas Intellectual Property Law Journal, 2014)
      High tech markets must strike an awkward balance between coordination and competition in order to achieve efficiency. The need for competition is familiar; antitrust--as well as many other legal institutions--recognizes ...
    • Viscusi, W. Kip; Born, Patricia, 1964- (Journal of Risk and Uncertaintyhttp://www.springer.com/economics/economic+theory/journal/11166, 2006)
      Natural catastrophes often have catastrophic risks on insurance companies as well as on the insured. Using a very large dataset on homeowners' insurance coverage by state, by firm, and by year for the 1984 to 2004 period, ...
    • Slobogin, Christopher, 1951- (Oklahoma Law Review, 2014)
      Courts and scholars have devoted considerable attention to the definition of probable cause and reasonable suspicion. Since the demise of the “mere evidence rule” in the 1960s, however, they have rarely examined how these ...
    • Suvall, Cara (Cardozo Law Review, 2021)
      Policymakers around the country are grappling with how to provide a second chance to people with criminal records. These records create collateral consequences-invisible punishments that inhibit opportunity in all facets ...