Law School: Recent submissions
Now showing items 1081-1100 of 1363
-
(Constitutional Commentary, 1995)In the race to the bottom that characterizes this Symposium, I cast my vote for Article I, section 3: "The Senate of the United States shall be composed of two Senators from each State .... Indeed, were this provision not ...
-
(Chicago-Kent Law Review, 1988)As the recent Symposium in these pages indicated, the preliminary debate over the meaning of the ninth amendment is essentially over. Despite the diversity of views expressed in the Symposium, all but one contributor agreed ...
-
(Cincinnati Law Review, 1992)Two of our most cherished constitutional myths are that we are, more or less, carrying on the constitutional traditions of the framers, and that the framers' most significant innovation was the invention of a written ...
-
(Wake Forest L. Rev., 2003)For forty years, legal academics have been lost in a wilderness born of the countermajoritarian difficulty. Despite a two-century pedigree, we are still arguing about the legitimacy of judicial review and asking whether ...
-
(Northwestern University Law Review, 1993)The main burden of Professor Perry's paper is to demonstrate that an originalist may, but need not, be a minimalist. In the course of this project, Perry reiterates his earlier arguments in favor of originalism. He also ...
-
(Minnesota Law Review, 1987)This essay has suggested, through review of two recent works, how toleration theory can and cannot be used to provide a viable alternative to both moribund liberal ideas and the increasingly successful program of the new ...
-
(Stanford Law Review, 1994)Last April, Professors Daniel Farber and Suzanna Sherry published a critique in these pages of the legal storytelling movement. Their legal position has been the subject of several responses, including an essay by Professor ...
-
(Georgetown Law Journal, 1998)Legal scholars and judges have long expressed concerns over the unpredictability and arbitrariness of punitive damages awards. Proposed remedies, such as restricting punitive damages to narrowly defined circumstances, have ...
-
(DePaul Law Review, 2002)Richard Lempert, a Professor of Law and Sociology at the University of Michigan criticized our recent article on judge and jury performance of a punitive damage judgment task, calling it a "failure of a social science case ...
-
(N.Y.U. Environmental Law Journal, 1994)Although the design of risk regulations has not yet attained what might be termed the economist's ideal of maximizing the difference between benefits and costs, substantial progress has been made in the design of regulatory ...
-
(Supreme Court Economic Review, 1993)In Cipollone v Liggett Group, Inc., a splintered Court concluded that cigarette smokers who are injured through their consumption of tobacco may bring some state law tort claims against the manufacturers of the cigarettes. ...
-
(Washington Law Review, 1998)In this Article, we investigate whether labor unions and related entities should be permitted to continue to make shareholder proposals using Rule 14a-8 of the federal securities laws. We focus on the claim that labor is ...
-
(Northwestern University Law Review, 1997)This Article addresses the implications of broad-based participatory reforms for administrative process, with a particular focus on how participation reveals itself in different political-theoretic models of agency governance. ...
-
(Washington University Law Quarterly, 2001)This paper is an empirical analysis of plaintiffs' success rates in executive compensation litigation. Using data from publicly available files, this study examines a sample of 124 cases where shareholders have challenged ...
-
(Virginia Tax Review, 2003)Indisputably, the lives of all individuals, now and throughout history, have not been commensurate in every respect. No individual has the most of everything at all times - net worth, love, happiness, security, companionship, ...
-
(Ohio State Law Journal, 2010)Over the last several years, the Supreme Court has revolutionized modern criminal procedure by invoking the Sixth Amendment right to a jury trial to strike down several sentencing innovations. This revolution has been led ...
-
(Stanford Law Review, 2005)Prosecutors control statutory ranges by selecting charges. In addition, prosecutors decide whether to use or forego special sentencing statutes that carry mandatory minimum penalties higher than the maximum Guidelines ...
-
(The George Washington Law Review, 2007)In Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the Supreme Court famously held that judicial deference to agency interpretations of ambiguous statutes is appropriate largely because the executive branch is ...
-
(Northwestern University Law Review, 2011)The modern trend is for investors to diversify. Shareholders who own one S&P 500 firm tend to own many of the others as well. This trend casts doubt on the traditional compensation and deterrence rationales for legal rules ...
-
(UCLA Law Review, 1999)In this Article, Professor Nancy King develops an approach for determining when judges should block the efforts of criminal litigants to bypass constitutional and statutory requirements other than those already traded ...