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Now showing items 31-40 of 91
Better Bounty Hunting
(Northwestern University Law Review, 2014)
The SEC’s new whistleblower bounty program has provoked significant controversy. That controversy has centered on the failure of the implementing rules to make internal reporting through corporate compliance departments a ...
The Ideological Consequences of Selection: A Nationwide Study of the Methods of Selecting Judges
(Vanderbilt Law Review, 2017)
One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to ...
Transforming (perceived) Rigidity in Environmental Law Through Adaptive Governance
(Ecology and Society, 2017)
The Endangered Species Act (ESA) is often portrayed as a major source of instability and crisis in river basins of the U. S. West, where the needs of listed fish species frequently clash with agriculture dependent on federal ...
Contorting Common Article 3
(Georgia Journal of International & Comparative Law, 2017)
This short Essay describes the circularity of support between the ICRC and the Pre-Trial Chambers of the ICC. Its successive sections describe the problematic potential of extending the substantive coverage of Common
Article ...
Introduction: Is the Supreme Court Failing at Its Job, or Are We Failing at Ours?
(Vanderbilt Law Review, 2016)
It is a pleasure and a privilege to write an introduction to this Symposium celebrating Dean Erwin Chemerinsky's important new book, The Case Against the Supreme Court. Chemerinsky is one of the leading constitutional ...
Honest Copying Practices
(Notre Dame Law Review, 2017)
One of intellectual property theory’s operating assumptions is that creating is hard while copying is easy. But it is not always so. Copies, though outwardly identical, can come from different processes, from cheap digital ...
The New Politics of New Property and the Takings Clause
(Vermont Law Review, 2017)
This Essay offers a broad gloss on the traditional politics of property protection and then catalogues a number of ways in which those politics have been changing. In many cases, the account is of fragmentation and
fracture ...
Codifying Custom
(University of Pennsylvania Law Review, 2012)
Codifying decentralized forms of law, such as the common law and customary law, has been a cornerstone of the positivist turn in legal theory since at least the nineteenth century. Commentators laud codification’s purported ...
Quieting the Shareholders' Voice
(Southern California Law Review, 2016)
The integrity of shareholder voting is critical to the legitimacy of corporate law. One threat to this process is proxy “bundling,” or the joinder of more than one separate item into a single proxy proposal. Bundling ...
Survey Mode Effects on Valuation of Environmental Goods
(International Journal of Environmental Research and Public Health, 2011)
This article evaluates the effect of the choice of survey recruitment mode on the value of water quality in lakes, rivers, and streams. Four different modes are compared:bringing respondents to one central location after ...