Law School: Recent submissions

Now showing items 1201-1220 of 1363

    • Peeping Techno-Toms and the Fourth Amendment: Seeing Through Kyllo's Rules Governing Technological Surveillance 
      Slobogin, Christopher, 1951- (Minnesota Law Review, 2002)
      This article suggests that the Supreme Court's decision in Kyllo v. United States may not be as protective of the home as it first appears. Kyllo held that use of a thermal imager to detect heat sources inside the home is ...
    • Auctioning Class Action and Derivative Lawsuits: A Critical Analysis 
      Thomas, Randall S., 1955-; Hansen, Robert Gordon, 1957- (Northwestern University Law Review, 1993)
      Numerous legal academics and practitioners have criticized the handling by plaintiffs' attorneys of large-scale class action and derivative lawsuits. These critiques point out attorneys' abuse of the legal system, ranging ...
    • Keeping the Endangered Species Act Relevant 
      Ruhl, J. B. (Duke Environmental Law & Policy Forum, 2009)
      The Endangered Species Act (ESA) has long been the workhorse of species protection in contexts for which a species-specific approach can effectively be employed to address discrete human-induced threats that have straightforward ...
    • Endangered Species Act Innovations in the Post-Babbittonian Era--Are There Any? 
      Ruhl, J. B. (Duke Environmental Law & Policy Forum, 2004)
      One of the mysteries of environmental policy in the Bush Administration will be how and why it squandered an opportunity to continue market-based administrative reforms of the Endangered Species Act begun, ironically, in ...
    • How I Learned to Stop Worrying and Love Double Taxation 
      Schlunk, Herwig J. (Notre Dame Law Review, 2003)
      This Article is divided into three Parts. The first Part is devotedto an example demonstrating that, while double taxation may be gratuitous in a purely domestic context, it invariably becomes necessary in a multinational ...
    • A Minimalist Approach to Corporate Income Taxation 
      Schlunk, Herwig J. (SMU Law Review, 2006)
      An ever-shrinking hallmark of our federal income tax system is the apparent double taxation of some, but not all, business income. That is, some business income ultimately flows to the human shareholders of C corporations. ...
    • Testilying: Police Perjury and What to Do About It 
      Slobogin, Christopher, 1951- (University of Colorado Law Review, 1996)
      Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to ...
    • Law's Complexity: A Primer 
      Ruhl, J. B. (Georgia State University Law Review, 2008)
      The legal system. It rolls easily off the tongues of lawyers like a single word - the legal system - as if we all know what it means. But what is the legal system? How does it behave? What are its boundaries? What is its ...
    • Prevention as the Primary Goal of Sentencing: The Modern Case for Indeterminate Dispositions in Criminal Cases 
      Slobogin, Christopher, 1951- (San Diego Law Review, 2011)
      Among modern-day legal academics determinate sentencing and limiting retributivism tend to be preferred over indeterminate sentencing, at least in part because the latter option is viewed as immoral. This Article contends ...
    • The Effects of Race-Conscious Jury Selection on Public Confidence in the Fairness of Jury Proceedings: An Empirical Puzzle 
      King, Nancy J., 1958- (American Criminal Law Review, 1994)
      In "Powers v. Ohio," the Court held that a peremptory challenge based on race violates the equal protection right of the challenged veniremember not to have her opportunities for jury service determined by her skin color. ...
    • Allocating Responsibility for the Failure of Global Warming Policies 
      Viscusi, W. Kip; Hersch, Joni, 1956- (University of Pennsylvania Law Review, 2007)
      A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases ...
    • The Dangers of Deference: International Claim Settlement by the President 
      Wuerth, Ingrid Brunk (Harvard International Law Journal, 2003)
      During the final months of the Clinton administration, the State Department entered into a trio of unprecedented international agreements with France (the "French Agreement"), Germany (the "German Agreement"), and Austria ...
    • Medellin: The New, New Formalism? 
      Wuerth, Ingrid Brunk (Lewis & Clark Law Review, 2008)
      The Supreme Court's 2008 decision in Medellin v. Texas appears to represent a formalist turn in the Court's approach to foreign relations cases. The opinion emphasizes text as the key to treaty interpretation and it stresses ...
    • The Evolving Role of Institutional Investors in Corporate Governance and Corporate Litigation 
      Thomas, Randall S., 1955- (Vanderbilt Law Review, 2008)
      Each of the articles in this Symposium sheds new light on the ever-changing role of institutional investors in U.S. corporate governance and corporate litigation. They cover a broad range of topics, including institutional ...
    • Lying and Confessing 
      Slobogin, Christopher, 1951- (Texas Tech Law Review, 2007)
      This essay, for a symposium on Citizen Ignorance, Police Deception and the Constitution, relies on moral philosophy and new empirical research in arguing that police deceit during interrogation is permissible when: (1) it ...
    • Race and Wealth Disparity: The Role of Law and the Legal "System 
      Moran, Beverly I.; Wildman, Stephanie M., 1949- (Fordham Urban Law Journal, 2007)
      Many believe that the legal system has achieved racial neutrality because statutes and regulations do not mention race. They do not view law and the legal system as one way that American society polices race and wealth ...
    • Human Rights Beyond the War on Terrorism: Extradition Defenses Based on Prison Conditions in the United States 
      Sharfstein, Daniel J. (Santa Clara Law Review, 2002)
      The death penalty presents an issue where a clearly stated norm that is widely held by U.S. allies exists in stark contrast to U.S. practices. The war on terrorism has shone a spotlight on European refusals to extradite ...
    • A Statistical Profile of Pharmaceutical Industry Liability, 1976-1989 
      Viscusi, W. Kip; Moore, Michael J., 1953-; Albright, James (Seton Hall Law Review, 1994)
      There is little question that the imposition of constraints on awards and other pro-defendant changes in the liability regime will reduce liability costs. However, the patterns observed in the federal courts are quite ...
    • The Blockbuster Punitive Damages Awards 
      Viscusi, W. Kip (Emory Law Journalwww.law.emory.edu/elj, 2004)
      This paper provides an analysis of sixty-four punitive damages awards of at least $100 million. Based on an inventory of these cases, there is evidence that these blockbuster awards are highly concentrated geographically, ...
    • What Atkins Could Mean for People with Mental Illness 
      Slobogin, Christopher, 1951- (New Mexico Law Review, 2003)
      This article, written for a symposium on Atkins v. Virginia - the Supreme Court decision that prohibited execution of people with mental retardation - argues that people with severe mental illness must now also be protected ...