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Now showing items 21-30 of 43
Coitus and Consequences in the Legal System: An Experimental Study
(SMU Law Review, 2015)
Scholars have found that men who physically harm their intimate partners receive less punishment than men who harm strangers. In other words, in the criminal setting, coitus has consequences. In particular, for female ...
Coitus and Consequences in the Legal System: An Experimental Study
(SMU Law Review, 2015)
Scholars have found that men who physically harm their intimate partners receive less punishment than men who harm strangers. In other words, in the criminal setting, coitus has consequences. In particular, for female ...
The Normalization of Foreign Relations Law
(Harvard Law Review, 2015)
The defining feature of foreign relations law is that it is distinct from domestic law. Courts have recognized that foreign affairs are political by their nature and thus unsuited to adjudication, that state and local ...
Purposivism in the Executive Branch: How Agencies Interpret Statutes
(Northwestern University Law Review, 2015)
After decades of debate, the lines of distinction between textualism and purposivism have been carefully drawn with respect to the judicial task of statutory interpretation. Far less attention has been devoted to the ...
Regulatory Exit
(Vanderbilt Law Review, 2015)
Exit is a ubiquitous feature of life, whether breaking up in a marriage, dropping a college course, or pulling out of a venture capital investment. In fact, our exit options often determine whether and how we enter in the ...
An Administrative Jurisprudence: The Rule of Law in the Administrative State
(Columbia Law Review, 2015)
This Essay offers a specification of the rule of law’s demands of administrative law and government inspired by Professor Peter L. Strauss’s scholarship. It identifies five principles—authorization, notice, justification, ...
Lessons from the Turn of the Twentieth Century for First-Year Courses on Legislation and Regulation
(Journal of Legal Education, 2015)
This essay — part of a special journal issue on Legislation and Regulation and Regulatory State courses as core elements of the law school curriculum — approaches the debate over adopting these courses by looking back to ...
The Interpretive Dimension of Seminole Rock
(George Mason Law Review, 2015)
A lively debate has emerged over the deferential standard of review courts apply when reviewing an agency’s interpretation of its own regulations. That standard, traditionally associated with Bowles v. Seminole Rock & Sand ...
Property is the New Privacy
(Harvard law Review, 2015)
Richard Epstein’s new book, The Classical Liberal Constitution, is the latest entry in what might be called conservative foundationalist constitutional theory. The movement’s primary goal is to elevate judicial protection ...
Judicial Review of Agency Benefit-Cost Analysis
(George Mason Law Review, 2015)
This Article evaluates judicial review of agency benefit-cost analysis ("BCA") by examining a substantial sample of thirty-eight judicial decisions on agency actions that implicate BCA. Essentially, the Administrative ...