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Now showing items 11-20 of 50
Errors, Omissions, and the Tennessee Plan
(The University of Memphis Law Review, 2008)
In the Spring 2008 issue of the Tennessee Law Review, I wrote an essay questioning whether Tennessee's merit system for selecting appellate judges - the Tennessee Plan - satisfies the requirements of the Tennessee Constitution. ...
Opinion Specialization
(Judicature, 2008)
In accord with traditions celebrating the generalist judge, the federal judiciary has
consistently resisted proposals for specialized courts. Outward support for specialization, if it exists at all, is confined to narrow ...
Farms and Ecosystem Services
(Choices, 2008)
Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.
The Evolving Role of Institutional Investors in Corporate Governance and Corporate Litigation
(Vanderbilt Law Review, 2008)
Each of the articles in this Symposium sheds new light on the ever-changing role of institutional investors in U.S. corporate governance and corporate litigation. They cover a broad range of topics, including institutional ...
The Enablement Pendulum Swings Back
(Northwestern Journal of Technology and Intellectual Property, 2008)
Possibly in response to criticisms that the U.S. patent system affords too much legal protection to patent owners, the courts have begun to chip away at patent rights. Curiously enough, the Supreme Court has heard a ...
Rules and Institutions in Developing a Law Market: Views from the United States and Europe
(Tulane Law Review, 2008)
Developments in European choice of law seem to offer the United States a tantalizing
opportunity for escape from the chaos of state-by-state choice-of-law rules. Specifically, the Rome Regulations provide the sort of uniform ...
Agriculture and Ecosystem Services: Strategies for State and Local Governments
(N.Y.U. Environmental Law Journal, 2008)
Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at ...
Carhart, Constitutional Rights, and the Psychology of Regret
(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 ...
Counterinsurgency and Constitutional Design
(Harvard Law Review, 2008)
Few think of counterinsurgency as linked to constitutional design. Counterinsurgency is bottom-up; constitutional design is top-down. Counterinsurgency is military; constitutional design is political-legal. Counterinsurgency ...
The Myth of the Generalist Judge
(Stanford Law Review, 2008-12)
Conventional judicial wisdom assumes and indeed celebrates the ideal of the generalist judge, but do judges really believe in it? This Article empirically tests this question by examining opinion assignments in the federal ...