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Now showing items 31-40 of 91
Judges and Their Emotions
(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 ...
Coitus and Consequences in the Legal System: An Experimental Study
(SMU Law Review, 2015)
Scholars have found that men who physically harm their intimate partners receive less punishment than men who harm strangers. In other words, in the criminal setting, coitus has consequences. In particular, for female ...
Democratic Education
(Texas Law Review, 1988)
Amy Gutmann's Democratic Education might equally well be entitled Republican Education, for its central theme is how to produce true republican citizens-citizens who possess both the ability and the motivation
to participate ...
Judicial Entrepreneurs on the U.S. Courts of Appeals: A Citation Analysis of Judicial Influence
(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 ...
International Law in the Post-Human Rights Era
(Texas Law Review, 2017)
International law is in a period of transition. After World War II, but especially since the 1980s, human rights expanded to almost every corner of international law. In doing so, they changed core features of international ...
Is the Constitution Special?
(Cornell Law Review, 2016)
"[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger when Chief Justice John Marshall wrote those words, there is none today. Americans regularly assume that the Constitution ...
Passive Takings
(Michigan Law Review, 2014)
As conventionally understood, regulatory takings doctrine protects property owners from the most significant costs of legal transitions. Legal change has therefore always been central to regulatory takings claims. This ...
Carbon Taxation by Regulation
(Minnesota Law Review, 2017)
This Article argues that, even though a carbon tax remains politically elusive, “carbon taxation by regulation” has begun to flourish as a way of financing carbon reduction. For more than a century, energy rate setting has ...
The Historical Origins, Founding, and Early Development of Student-Edited Law Reviews
(The Hastings Law Journal, 1985)
Most accredited law schools in the United States publish a student-edited law review containing scholarly writing about recent court decisions, unresolved issues of law, and other topics of interest to the legal
community. ...
The Substantially Impaired Sex
(Minnesota Law Review, 2017)
In making the case for increased attention to and expanded legal remedies for disabled women who experience labor market discrimination, this Article proceeds as follows: Part I reviews previous work on intersectional ...