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Now showing items 31-40 of 110
How to Treat the WTO's Problem with Precedent
(Vanderbilt Journal of Transnational Law, 2021)
This Article argues that the World Trade Organization's Appellate Body (AB), or a successor body, must become more transparent in justifying its decision to rely (or not) on prior decisions. The AB's practice of precedent-which ...
Distributing Attorney Fees in Multidistrict Litigation
(Journal of Legal Analysis, 2021)
As consolidated multidistrict litigation has come to dominate the federal civil docket, the problem of how to divide attorney fees among participating firms has become the source of frequent and protracted litigation. For ...
Designing Law to Enable Adaptive Governance of Modern Wicked Problems
(2020)
This Article contributes to the development of adaptive governance theory by articulating and situating the role of formal law and government as the facilitator, but not central controller, of adaptive governance. To advance ...
A Global Assessment of the Law and Policy of Ecosystem Services
(University of Queensland Law Journal, 2020)
This article assesses the approaches that different national governments have employed to provide and conserve ecosystem services, focusing on policy instruments and common-law court decisions. Applying the lessons learned ...
Cutting Class Action Agency Costs: Lessons from the Public Company
(University of California at Davis Law Review, 2020)
The agency relationship between class counsel and class members in Rule 23(b)(3) class actions is similar to that between executives and shareholders in U.S. public companies. This similarity has often been noted in class ...
The Law and Practice of Shareholder Inspection Rights: A Comparative Analysis of China and the United States
(Vanderbilt Journal of Transnational Law, 2020)
Shareholder inspection rights allow a shareholder to access the relevant documents of the company in which they hold an
interest, so as to address the problem of information asymmetry and reduce the agency costs inherent ...
Patenting New Uses for Old Inventions
(Vanderbilt Law Review, 2020)
A bedrock principle of patent law is that old inventions cannot be patented. And a new use for an old invention does not render the old invention patentable. This is because patent law requires novelty-an invention must ...
Predictability of Arbitrators' Reliance on External Authority?
(American University Law Review, 2020)
Should arbitrators consider authority--such as statutes or case law-external to the collective bargaining agreement when deciding labor grievances? Do they rely on such external authority? If so, do they do so in particular ...
Reconciling Risk and Equality
(Jotwell: The Journal of Things We Like (Lots), 2020-07-02)
States have increasingly resorted to statistically-derived risk algorithms to determine when diversion from prison should occur, whether sentences should be enhanced, and the level of security and treatment a prisoner ...
Unraveling "Williams v. Illinois"
(New York University Law Review Online, 2020)
This Essay addresses one of the key evidentiary problems facing courts today: the treatment of forensic reports under the Confrontation Clause. Forensics are a staple of modern criminal trials, yet what restrictions the ...