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Now showing items 11-20 of 43
Environmental Law in Austerity
(Pace Environmental Law Review, 2015)
Given the political dynamic in play at the national level, with the country evenly split between Republicans and Democrats, and incumbent Tea Party and other politicians highly critical of the EPA, there is no reason to ...
Voter Preferences and State Regulation of Smoking
(2015-12-17)
Voters' preferences for smoking restrictions in restaurants, bars, malls, indoor sporting events, and hospitals are consistent with state-level restrictions on smoking in each of these public areas. This analysis is based ...
Insider Trading in Derivatives Markets
(Georgetown Law Journal, 2015)
The prohibition against insider trading is becoming increasingly anachronistic in markets where derivatives like credit default swaps (CDS) operate. Lenders use these instruments to trade the credit risk of the loans they ...
Against Immutability
(Yale Law Journal, 2015)
Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include ...
Authors, Online
(Columbia Journal of Law & the Arts, 2015)
The fate of professional creators is a major cultural issue. While specific
copyright rules are obviously contingent and should be adapted to the new realities
of online distribution and easy reuse, professional authorship ...
Behavioral War Powers
(New York University Law Review, 2015)
A decade of war has meant a decade of writing on war powers. From the authority to start a war, to restrictions on fighting wars, to the authority to end a war, constitutional lawyers and scholars have explored the classic ...
Identity and Form
(California Law Review, 2015)
Recent controversies over identity claims have prompted questions about who should qualify for affirmative action, who counts as family, who is a man or a woman, and who is entitled to the benefits of U.S. citizenship. ...
The End of Class Actions?
(Arizona Law Review, 2015)
In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court’s decisions in Concepcion and American Express. These decisions permitted corporations to opt out of ...
Foresight Bias in Patent Law
(Notre Dame Law Review, 2015)
Much of patent reform has focused on efforts to make it harder to obtain and enforce low-quality patents. The most straightforward way to achieve this goal is to raise the substantive standards of patentability. What is ...
An Empirical Analysis of Noncompetition Clauses and Other Restrictive Postemployment Covenants
(Vanderbilt Law Review, 2015)
Employment contracts for most employees are not publicly available, leaving researchers to speculate on whether they contain post-employment restrictions on employee mobility, and if so, what those provisions look like. ...