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Now showing items 391-400 of 443
Juries and Prior Convictions: Managing the Demise of the Prior Conviction Exception to "Apprendi"
(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 ...
Realism, Punishment & Reform
(Chicago Law Review, 2010)
Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our ...
Parsing the Behavioral and Brain Mechanisms of Third-Party Punishment
(The Journal of Neuroscience, 2016)
The evolved capacity for third-party punishment is considered crucial to the emergence and maintenance of elaborate human social organization and is central to the modern provision of fairness and justice within society. ...
Topic Modeling the President
(George Washington Law Review, 2018)
Law is generally represented through text, and lawyers have for centuries classified large bodies of legal text into distinct topics — they “topic model” the law. But large bodies of legal documents present challenges for ...
Patenting Around Failure
(University of Pennsylvania Law Review, 2018)
Many patents cover inventions that do not work as described. Fingers often point to the U.S. Patent and Trademark Office (Patent Office), which is criticized for doing a poor job of examining patents. But the story is more ...
Too-Big-to-Fail Shareholders
(2018)
In June 2017, Spain's Banco Popular, the country's fifth largest bank, failed in an orderly fashion-vindicating, it seemed, the rules put in place to manage such insolvencies following the 2008 Financial Crisis.' Weighed ...
Form vs. Function in Rule 10B-5 Class Actions
(Duke Journal of Constitutional Law & Public Policy, 2015)
The Supreme Court’s widely anticipated decision last term in Halliburton Co. v. Erica P. John Fund, Inc.1 did little to change the fundamental landscape of securities fraud litigation in the United States. Rule 10b-52 class ...
Talking Foreign Policy: A Discussion on Cyber Warfare
(Case Western Reserve Journal of International Law, 2015)
A panel discussion on the topic of cyberwar. Broadcast on January 30, 2014. Speakers include: Peter Singer (Director of the Center for 21st Century Security and Intelligence, Brookings Institution); Michael Newton (Professor ...
The Pregnancy Penalty
(Minnesota Law Review, 2018)
It is difficult to know what to expect when you are expecting, particularly in the workplace. A woman may be delighted to
share the news of her pregnancy with friends and family, yet approaching that same discussion with ...
The Pregnancy Penalty
(Minnesota Law Review, 2018)
Using the findings generated by this first empirical overview of pregnancy in the labor market, this Article will argue
that remedying pregnancy discrimination must become a more urgent priority for civil rights advocates ...