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Now showing items 51-60 of 196
An Alternative to Ready, Fire, Aim
(Kentucky Law Journal, 1996)
The turbulence of the environmental debate over the last decade suggests that the command and control system may not provide viable solutions to the remaining environmental problems. The incrementalism
that has characterized ...
Oversight Failure in Securities Markets
(Cornell Law Review, 2019)
According to statute, securities exchanges play an essential role in ensuring compliance with applicable laws and industry standards. Long imagined as unique in their institutional capacity to bring traders together, collect ...
Sunstein 1s and 2s
(The Green Bag Almanac & Reader, 2008)
In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship, we began the study of the legal academy's collaboration network. When mathematicians discuss the nature of collaboration in their field they ...
Micro-Offsets and Macro-Transformation
(Harvard Environmental Law Review, 2009)
We have been asked to examine climate change justice by discussing the methods of allocating the costs of addressing climate change among nations. Our analysis suggests that climate and justice goals cannot be achieved by ...
Federal Preemption and Immigrants' Rights
(Wake Forest Journal of Law & Policy, 2013)
Recently, immigration scholars have focused on the relationship between federal, state, and local governments in regulating immigration to the exclusion of civil rights issues. States and localities assert that they should ...
From Smokestack to SUV
(Vanderbilt Law Review, 2004)
A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the ...
The New Wal-Mart Effect
(UCLA Law Review, 2007)
This Article argues that networks of private contracts serve a public regulatory function in the global environmental arena. These networks fill the regulatory gaps created when global trade increases the exploitation of ...
Macro-Risks
(Duke Environmental Law & Policy Forum, 2010)
Drawing on the recent financial crisis, we introduce the concept of macro-risk. We distinguish between micro-risks, which can be managed within conventional economic frameworks, and macro-risks, which threaten to disrupt ...
The Judges of the U.S. Judicial Panel on Multidistrict Litigation
(Judicature, 2014)
The United States Judicial Panel on Multidistrict Litigation (or "MDL Panel") is one of a small number of special federal courts created pursuant to Article III by Congress and staffed by a Chief-Justice-appointed group ...
Copyright Infringement and the Separated Powers of Moral Entrepreneurship
(American Criminal Law Review, 2014)
This Article examines the copyright industries’ “moral entrepreneurs,” sociologist Howard Becker’s term for enterprising crusaders who seek to change existing social norms regarding particular conduct. Becker’s conception ...