Law School: Recent submissions

Now showing items 1041-1060 of 1363

    • Politics and Judgment 
      Sherry, Suzanna (Missouri Law Review, 2005)
      Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American ...
    • Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State 
      Ruhl, J. B.; Salzman, James (Vanderbilt Law Review, 2011)
      This article explores in detail the attributes and operation of historic baselines. That historic baselines are found throughout regulatory law is no accident. Particularly when the policy goal involves turning back the ...
    • Portioning Punishment: Constitutional Limits on Successive and Excessive Penalties 
      King, Nancy J., 1958- (University of Pennsylvania Law Review, 1995)
      There has been a remarkable increase during the last decade in the imposition of overlapping civil, administrative, and criminal sanctions for the same misconduct,' as well as a steady rise in the severity of those sanctions.2 ...
    • The Eleventh Amendment and Stare Decisis: Overruling Hans v. Louisiana 
      Sherry, Suzanna (The University of Chicago Law Review, 1990)
      There is currently a dispute raging about the meaning of the Eleventh Amendment, which protects states from suits in federal court. The language of that amendment appears to deny federal jurisdiction only over suits brought ...
    • The Most Dangerous Justice: The Supreme Court at the Bar of Mathematics 
      Edelman, Paul H.; Chen, Jim, 1966- (Southern California Law Review, 1996)
      We analyze the relative voting power of the Justices based upon Supreme Court decisions during October Term 1994 and October Term 1995. We take two approaches, both based on ideas derived from cooperative game theory. One ...
    • The Most Dangerous Justice Rides Again: Revisiting the Power Pageant of the Justices 
      Edelman, Paul H.; Chen, Jim, 1966- (Minnesota Law Review, 2001)
      Who is the most powerful Supreme Court Justice? In 1996 we measured voting power on the Court according to each Justice's ability to form five-member coalitions. From the set of all coalitions formed by the Court during ...
    • Directors' Duties in a Post-Enron World: Why Language Matters 
      Blair, Margaret M., 1950- (Wake Forest Law Review, 2003)
      This essay observes that, in the face of corporate scandals of the last few years, a number of prominent advocates for shareholder primacy have retreated to the position that directors and officers should attempt to maximize ...
    • The New Role for Assurance Services in Global Commerce 
      Blair, Margaret M., 1950-; Lin, Li-Wen (Journal of Corporation Law, 2008)
      In this Article we examine the rapid emergence and expansion of a private-sector compliance and enforcement infrastructure that we believe increasingly may be providing a substitute for public and legal regulatory ...
    • The Most Dangerous Justice Rides into the Sunset 
      Edelman, Paul H.; Chen, Jim, 1966- (Constitutional Commentary, 2007)
      In this essay, our third and last in a series, we employ our previously developed techniques to measure the power of the Justices in the Rehnquist Court over its full 11 year run. Once again, Justice Kennedy rises to the ...
    • A Normalized Scoring Model for Law School Competitions 
      Cheng, Edward K.; Farmer, Scott J. (Green Bag 2D, 2013)
      Although the focus in this Article is moot court scoring, one can envision many other instances of law school assessment in which such a normalization problem arises. Law review competitions also involve different sets of ...
    • The Google Book Settlement and the TRIPS Agreement 
      Gervais, Daniel J. (Stanford Technology Law Review, 2011)
      The proposed amended settlement in the Google Book case has been the focus of numerous comments and critiques. This "perspective" reviews the compatibility of the proposed settlement with the TRIPS Agreement and relevant ...
    • The Economics of Post-September 11 Financial Aid to Airlines 
      Blair, Margaret M., 1950- (Indiana Law Review, 2003)
      This Article considers the economic and policy merits of the Air Transportation Safety and System Stabilization Act, passed by Congress and signed into law in the immediate aftermath of the Sept. 11, 2001 terrorist attacks. ...
    • An Empirical Analysis of CEO Employment Contracts: What Do Top Executives Bargain For? 
      Thomas, Randall S., 1955-; Schwab, Stewart J. (Washington & Lee Law Review, 2006)
      In this paper, we examine the key legal characteristics of 375 employment contracts between some of the largest 1500 public corporations and their Chief Executive Officers. We look at the actual language of these contracts, ...
    • Public Choice Theory and the Fragmented Web of the Contemporary Administrative State 
      Rossi, Jim, 1965- (Michigan Law Review, 1998)
      In the recent book, Greed, Chaos and Governance: Using Public Choice to Improve Public Law (Yale U. Press 1997), Jerry Mashaw addresses the convergence between public choice and administrative law. This review essay ...
    • Sustainable Development: A Five-Dimensional Algorithm for Environmental Law 
      Ruhl, J. B. (Stanford Environmental Law Journal, 1999)
      This article describes sustainable development as involving five dimensions: environment, economy, equity, time, and space (or scale). I suggest that the complexity inherent in balancing these five dimensions demand ...
    • The Value of a Statistical Life: Evidence from Panel Data 
      Viscusi, W. Kip; Kniesner, Thomas J.; Woock, Christopher, 1979-; Ziliak, James Patrick (Review of Economics and Statistics, 2012)
      This article addresses fundamental long-standing concerns in the compensating wage differentials literature and its public policy implications: the econometric properties of estimates of the value of statistical life (VSL) ...
    • The Globalization (Americanization?) of Executive Pay 
      Thomas, Randall S., 1955-; Cheffins, Brian R. (Berkeley Business Law Journal, 2004)
      In the United States, the remuneration packages of top executives are characterized by a strong emphasis on pay-for-performance and by a highly lucrative "upside." There is much discussion of the possibility that executive ...
    • Corporate Personhood and the Corporate Persona 
      Blair, Margaret M., 1950- (University of Illinois Law Review, 2013)
      In 2010, the U.S. Supreme Court held in Citizens United v. FEC that restrictions on corporate political speech were unconstitutional because of the First Amendment rights granted corporations as a result of their status ...
    • Implied Limits on the Legislative Power: The Intellectual Property Clause as an Absolute Constraint on Congress 
      Sherry, Suzanna; Heald, Paul J., 1959- (University of Illinois Law Review, 2000)
      Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins ...
    • United States' Trade Policy and the Exportation of United States' Culture 
      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 ...