Law School: Recent submissions

Now showing items 1001-1020 of 1363

    • Without Virtue There Can Be No Liberty 
      Sherry, Suzanna (Minnesota Law Review, 1993)
      Over the past two and a quarter centuries, Americans have understood rights and liberties in a variety of different ways. What I hope to do in this essay is to describe the two most prominent traditions of our heritage of ...
    • Policing Public Companies: An Empirical Examination of the Enforcement Landscape and the Role Played by State Securities Regulators 
      Rose, Amanda M.; LeBlanc, Larry J.; Rose (Florida Law Review, 2013)
      Multiple different securities law enforcers can pursue U.S. public companies for the same misconduct. These enforcers include a variety of federal agencies, class action attorneys, and derivative litigation attorneys, as ...
    • The Sleep of Reason 
      Sherry, Suzanna (Georgetown Law Journal, 1996)
      A very strange thing is happening in legal academia. The left and the right have joined forces, and the center is under attack. What makes this so unusual is that law has traditionally been a field of centrists. The common ...
    • States Are People Too 
      Sherry, Suzanna (Notre Dame Law Review, 2000)
      There is a joke making the rounds that purports to explain the Supreme Court's 1998-1999 Term, especially the three federalism cases decided on the last day: The Y2K bug hit the Court six months early, and the Court thought ...
    • The Pariah Principle 
      Sherry, Suzanna; Farber, Daniel A., 1950- (Constitutional Commentary, 1996)
      The Supreme Court's recent decision in Romer v. Evans' has caused both joy and consternation. Among legal scholars, however, it has mostly engendered puzzlement. The Court explicitly avoided the most doctrinally plausible ...
    • Developing a Positive Theory of Decisionmaking on U.S. Courts of Appeals 
      George, Tracey E., 1967- (Ohio State Law Journal, 1998)
      As the decisions of the United States Courts of Appeals become an increasingly important part of American legal discourse, the debate concerning adjudication theories of the circuit courts gain particular relevance. Whereas, ...
    • There are Plaintiffs and . . . There are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements 
      Thomas, Randall S., 1955-; Cox, James D.; Bai, Lynn (Vanderbilt Law Review, 2008)
      In this paper, we examine the impact of the PSLRA and more particularly the impact the type of lead plaintiff on the size of settlements in securities fraud class actions. We thus provide insight into whether the type of ...
    • When Process Affects Punishment: Differences in Sentences After Guilty Plea, Bench Trial, and Jury Trial in Five Guidelines States 
      King, Nancy J.; Soule, David A.; Steen, Sara; Weidner, Robert R. (Columbia Law Review, 2005)
      The research reported in this Essay examines process discounts-differences in sentences imposed for the same offense, depending upon whether the conviction was by jury trial, bench trial, or guilty plea-in five states that ...
    • Six Degrees of Cass Sunstein 
      Edelman, Paul H.; George, Tracey E., 1967- (Green Bag 2d, 2007)
      Degrees of separation is a concept that is intuitive and appealing in popular culture as well as academic discourse: It tells us something about the connectedness of a particular field. It also reveals paths of influence ...
    • Social Constraint or Implicit Collusion?: Toward a Game Theoretic Analysis of Stare Decisis 
      O'Connor, Erin O'Hara, 1965- (Seton Hall Law Review, 1993)
      This Article suggests an alternative, internal rationale for why judges follow precedents. The Article posits that stare decisis has evolved as a result of judges' preference for the doctrine. The Article begins with an ...
    • Trust, Trustworthiness, and the Behavioral Foundations of Corporate Law 
      Blair, Margaret M., 1950-; Stout, Lynne A., 1957- (University of Pennsylvania Law Review, 2001)
      Conventional legal and economic analysis assumes that opportunistic behavior is discouraged and cooperation encouraged within firms primarily through the use of legal and market incentives. This presumption is embodied in ...
    • Hard Cases Make Good Judges 
      Sherry, Suzanna (Northwestern University Law Review, 2004)
      Not every constitutional case requires recourse to first principles, and indeed, most require more subtlety than such recourse can produce. The Rehnquist Court's free speech cases provide an example of the benefits of a ...
    • Mozart and the Red Queen: The Problem of Regulatory Accretion in the Administrative State 
      Ruhl, J. B.; Salzman, James (Georgetown Law Journal, 2003)
      Since the New Deal, and even before, regulatory law has grown relentlessly ever more massive, detailed, and encompassing. The sentiment, "there's too much law", surely rings true on a daily basis to both practitioners and ...
    • The Statutory President 
      Stack, Kevin M. (Iowa Law Review, 2005)
      American public law has no answer to the question of how a court should evaluate the president's assertion of statutory authority. In this Article, I develop an answer by making two arguments. First, the same framework of ...
    • Director Accountability and the Mediating Role of the Corporate Board 
      Blair, Margaret M., 1950-; Stout, Lynn A., 1957- (Washington University Law Quarterly, 2001)
      One of the most pressing questions facing both corporate scholars and businesspeople today is how corporate directors can be made accountable. Before addressing this issue, however, it seems important to consider two ...
    • Procedural Justice Research and the Paucity of Trials 
      Guthrie, Chris (Journal of Dispute Resolution, 2002)
      Professor Deborah Hensler tells an important cautionary tale about mandatory mediation in her thoughtful and provocative contribution to this volume. In Suppose It's Not True: Challenging Mediation Ideology, Hensler observes ...
    • Job Matching and Women's Wage-Tenure Profile 
      Hersch, Joni, 1956-; Reagan, Patricia B. (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 ...
    • The Integrationist Alternative to the Insanity Defense: Reflections on the Exculpatory Scope of Mental Illness in the Wake of the Andrea Yates Trial 
      Slobogin, Christopher, 1951- (American Journal of Criminal Law, 2003)
      On June 20, 2001, Andrea Yates took the lives of her five children by drowning them, one by one, in a bathtub. At her trial on capital murder charges nine months later, she pleaded insanity. Despite very credible evidence ...
    • Mental Illness and Self-Representation: Faretta, Godinez and Edwards 
      Slobogin, Christopher, 1951- (Ohio State Journal of Criminal Law, 2009)
      In the recent decision of Indiana v. Edwards the Supreme Court held that the right to represent oneself may be denied to defendants who are competent to stand trial if they "still suffer from severe mental illness to the ...
    • Civic Virtue and the Feminine Voice in Constitutional Adjudication 
      Sherry, Suzanna (Virginia Law Review, 1986)
      What is true of women's writing is also true of women's jurisprudence. This article contends that modern men and women, in general, have distinctly different perspectives on the world and that, while the masculine vision ...