Now showing items 1269-1288 of 1362

    • Schoenblum, Jeffrey (Iowa Law Review, 2018)
      A number of states, as well as foreign jurisdictions, impose a community property regime. Under this regime, regardless of the title to property, each spouse is deemed to own a fifty percent interest in assets. When a ...
    • George, Tracey E., 1967- (Stanford Environmental Law Journal, 1992)
      Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The ...
    • Sitaraman, Ganesh (Center for American Progress, 2014)
      Since the 2008 financial crisis, the problem of financial institutions being "too big to fail," or TBTF, has been front and center in the public debate over the reform and regulation of the financial industry. Commentators ...
    • Guthrie, Chris (Journal of Dispute Resolution, 2004)
      For all of the ways in which the Sabia case is extraordinary, its outcome--settlement--is decidedly ordinary. In most civil litigation, as in the Sabias' litigation against Dr. Maryellen Humes and Norwalk Hospital, ...
    • Thomas, Randall S.; Cox, James D.; Mondino, Tomas J. (Duke Law Journal, 2019)
      Has corporate law and its bundles of fiduciary obligations become irrelevant? Over the last thirty years, the American public corporation has undergone a profound metamorphosis, transforming itself from a business with ...
    • McKanders, Karla Mari (Loyola Journal of Public Interest Law, 2011)
      Since around 2005, states and localities have been using criminal trespass laws to target undocumented immigrants for unlawful presence. Specifically, in April 2010, Arizona passed SB 1070: Support Our Law Enforcement and ...
    • Shinall, Jennifer B. (DePaul Law Review, 2016)
      The passage of the ACA is a source of great pride for President Barack Obama's Administration, and the President undoubtedly hopes that the ACA will be his greatest legacy. 285 As a result, it is difficult to understand ...
    • Seymore, Sean B. (Houston Law Review, 2017)
      It is a bedrock principle of patent law that an inventor need not know or understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But ...
    • Moran, Beverly I. (Vanderbilt Journal of Entertainment Law & Practice, 2004)
      The United States Trade Representative and the policies that he (or she) attempt to impose on our trading partners have the serious and perhaps unintended effect of destroying local culture particularly in the area of film ...
    • Rossi, Jim, 1965- (Energy Law Journal, 2000)
      This article addresses whether traditional service obligations can coexist with retail competition. A rationale often given for universal service obligations in the telecommunications industry is that universal service, ...
    • Clayton, Ellen W.; Marchant, Gary; LeRoy, Bonnie; Clatch, Lauren (Albany Law Review, 2019)
      As genomic data are increasingly being collected and applied in clinical care, physicians, laboratories, and other health care providers are more frequently being sued for alleged medical malpractice or negligence. Because ...
    • Maroney, Terry A. (Law and Contemporary Problems, 2009)
      In this brief Comment, Maroney offers a perspective based in the scientific study of fear and social-group judgment. She discusses research showing that humans display heightened, persistent fear responses to "outgroup" ...
    • Sherry, Suzanna (Supreme Court Review, 2003)
      How far can you stretch precedent before it breaks? The 2002 Term suggests that some Justices seem to think that treating precedent like silly putty is preferable to acknowledging that it might be in need of revision. But ...
    • Cheng, Edward K.; Mannion, Cara C. (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 ...
    • McKanders, Karla Mari (Journal of Gender, Race & Justice, 2010)
      The voices of the most vulnerable populations often point towards social constructs in dire need of systemic change. The treatment of immigrant women in workplace raids exemplifies this concept. Over the last couple of ...
    • Sitaraman, Ganesh (Harvard Journal of Law & Public Policy, 2009)
      This article provides an exhaustive typology of the uses of foreign law in order to provide insight into whether foreign law can be appropriately used in constitutional interpretation, when it can be used, and what the ...
    • Hersch, Joni, 1956-; Bullock, Blair Druhan (Washington & Lee Law Review, 2014)
      Experts routinely criticize three aspects of regression analyses presented by the opposing party in employment discrimination cases: omitted explanatory variables, sample size, and statistical significance. However, these ...
    • Sherry, Suzanna (Reviews in American History, 1997)
      Since Alfred Kelly coined the term "law-office history" in 1965, been added-except ever-multiplying examples-to the perennial about how lawyers and legal academics use history. Laura Kalman's ing new book about legal ...
    • Guthrie, Chris (Ohio State Journal on Dispute Resolution, 2000)
      Options, options, options ....The Negotiation literature-at least the "problem-solving" or "interestbased" or "principled" negotiation literature'repeats this mantra over and over and over. It seems self-evident that having ...
    • O'Connor, Erin O'Hara, 1965-; Robbins, Maria Mayo (Law and Contemporary Problems, 2009)
      In this article we propose changing the manner in which control rights over criminal sanctions are distributed. This modest change has the potential to increase victim well-being without interfering with social needs. ...