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Now showing items 31-40 of 61
Assessing the State of State Constitutionalism
(Michigan Law Review, 2011)
State constitutions are terribly important legal documents, but their interpretation is remarkably understudied (and, of course, highly undertheorized) in the academic literature. This review essay discusses Robert Williams’s ...
Executive Compensation in the Courts: Board Capture, Optimal Contracting, and Officers' Fiduciary Duties
(Minnesota Law Review, 2011)
This Article proposes a new approach to monitoring executive compensation. While the public seems convinced that executives at public corporations are paid too much, so far attempts to rein in executive compensation have ...
General Design Principles for Resilience and Adaptive Capacity in Legal Systems--With Applications to Climate Change Adaptation
(North Carolina Law Review, 2011)
No force has put more pressure on the legal system than is likely to be exerted as climate change begins to disrupt the settled expectations of humans. Demands on the legal system will be intense and long-term, but is the ...
Foundational Facts and Doctrinal Change
(University of Illinois Law Review, 2011)
Doctrine is at the center of law and legal analysis. This Article argues that we have fundamentally misunderstood its nature. The conventional approach to legal doctrine focuses on theory and applications. What is the ...
The Four Pillars of Constitutional Doctrine
(Cardozo Law Review, 2011)
Constitutional interpretation, and thus constitutional doctrine, is inevitably controversial. Judges, scholars, lawyers, politicians, and the American public all disagree among themselves, not only about the correct ...
Re-vision Quest: A Law School Guide to Designing Experiential Courses Involving Real Lawyering
(New York Law School Law Review, 2011)
Legal educators have long viewed experiential courses involving real lawyering as a world divided neatly in two: externship placements and in-house clinics. This article suggests that despite the decades-old vintage of ...
Golan v. Holder: A Look at the Constraints Imposed by the Berne Convention
(Vanderbilt Law Review, 2011)
One of the central issues in the Golan v. Holder litigation is the extent to which the United States had flexibility to tailor the protection of existing works that had fallen in the public domain when it joined the Berne ...
Beyond Equality
(Indiana Law Journal, 2011)
Sexual harassment law and family leave policy originated as feminist reform projects designed to protect women in the workplace. But many academics now ask whether harassment and leave policies have outgrown their gendered ...
Regulating Money Creation After the Crisis
(Harvard Business Law Review, 2011)
Like bank deposits, money market instruments function in important ways as "money." Yet our financial regulatory regime does not take this proposition seriously. The (non-government) issuers of money market instruments-almost ...
Some Hypotheses About Empirical Desert
(Arizona State Law Journal, 2011)
Paul Robinson has written a series of articles advocating the view that empirical desert should govern development of criminal law doctrine. The central contention of empirical desert is that adherence to societal views ...