Browsing Law School by Title
Now showing items 641-660 of 1362
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(Creighton Law Review, 1997)Part I of this Article reviews the Jaffee decision.' Part II discusses the meaning of the Supreme Court's opinion, focusing on the Court's analysis of the important interests at stake in recognizing the asserted testimonial ...
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(Duke Law Journal, 2016)This Article explores the historical development of the academic analysis of corporate law over the past forty years through the scholarship of one of its most influential commentators, Professor James D. Cox of the Duke ...
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(Applied Economics, 1994)Recently, researchers have challenged the validity of the dominant theories of wage growth, claiming that the observed positive relation between wages and tenure is an artefact of omitted job match quality. In sharp contrast ...
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(Journal of Legal Education, 2002)In the absence of empirical evidence and in the face of conflicting intuitions, there is no way to assess the relevance of collaborative work to the development of law and legal scholarship. In this essay we seek to fill ...
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(Journal of Legal Education, 2002)For every reason to believe that collaboration has been influential... there is a countervailing reason to believe that it has played a minor role in the evolution of legal thought. It may be easy to bring to mind a ...
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(Northern Ireland Legal Quarterly, 2013)This article has briefly set forth the fundamental flaws in the ideal of judicial dispassion, made the case that judges are best advised to engage with rather than suppress their emotions, and demonstrated how taking such ...
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(Wake Forest L. Rev., 2003)For forty years, legal academics have been lost in a wilderness born of the countermajoritarian difficulty. Despite a two-century pedigree, we are still arguing about the legitimacy of judicial review and asking whether ...
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(Judicature, 2014)The United States Judicial Panel on Multidistrict Litigation (or "MDL Panel") is one of a small number of special federal courts created pursuant to Article III by Congress and staffed by a Chief-Justice-appointed group ...
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(Judicature, 2002)The institutional legitmacy of the judiciary depends on the quality of the judgments that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public expects judges to avoid ...
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(2006)Federal courts of appeals are constrained by the power and preferences of the Supreme Court. The principal-agent model reveals that circuit judges gain power largely by avoiding review. We consider, however, whether circuit ...
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(Notre Dame Law Review, 1999)One little-noticed side effect of the litigation explosion in this country is the exponential growth of federal doctrines designed to simplify complex litigation. Many of these doctrines have been created and applied largely ...
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(Ohio State Law Journal, 2003)Is the federal judiciary truly an independent body? A quick glance at the Constitution would suggest the answer is yes. The Constitution provides for life tenure and a difficult removal process for federal judges that ...
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(Georgia State University Law Review, 1998)I begin with a question: why have a conference on judicial independence? To find the answer, one need only read the newspapers. Judicial independence-as well as its political counterpart, judicial impeachment-is a hot topic ...
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(Stanford Law Review, 2005)Prosecutors control statutory ranges by selecting charges. In addition, prosecutors decide whether to use or forego special sentencing statutes that carry mandatory minimum penalties higher than the maximum Guidelines ...
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(Vanderbilt Law Review, 2017)In twenty-five different experiments conducted on over 2,200 judges, we assessed whether judges' political ideology influences their resolution of hypothetical cases. Generally, we found that the political ideology of the ...
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(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 ...
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(New York University Law Review, 2004)This Article contends that the current law governing judicial review of agency inaction, though consistent with the prevailing theory of agency legitimacy, is inconsistent with the founding principles of the administrative ...
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(Vanderbilt Law Review, 1993)Incumbent management has long enjoyed broad discretion in its use of Rights Plans in proxy contests and joint offers. Legal scholars have accepted the justifications for permitting incumbents such latitude with little ...
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(Judicature, 2021)Judicial temperament is something we think all judges must have: We assess it at all critical junctures of a judge’s career. At the same time, judicial temperament is something no one can quite put a finger on. Most often, ...
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(SMU Law Review, 2014)This essay offers a menu of procedural alternatives for coping with the potential, some would say inevitable, abandonment of the prior conviction exception to the rule in Apprendi v. New Jersey. It compiles options states ...