Law School: Recent submissions

Now showing items 1301-1320 of 1363

    • Independent Judicial Research 
      Cheng, Edward K. (Duke Law Journal, 2007)
      The Supreme Court's Daubert trilogy places judges in the unenviable position of assessing the reliability of often unfamiliar and complex scientific expert testimony. Over the past decade, scholars have therefore explored ...
    • Symposium on Neglected Justices 
      Brandon, Mark E.; Ely, James W., 1938- (Vanderbilt Law Review, 2009)
      Given the legal academy's penchant for ranking, it is hardly a surprise that legal scholars have turned their attention to crafting lists of the greatest Justices of the Supreme Court. As with ratings of decisions, however, ...
    • A Contractarian Defense of Corporate Philanthropy 
      Blair, Margaret M., 1950- (Stetson Law Review, 1998)
      Statutory and case law make it clear that corporate officers and directors have very wide discretion to direct reasonable amounts of corporate resources toward artistic, educational, and humanitarian causes, even if those ...
    • Deterring and Compensating Oil-Spill Catastrophes: The Need for Strict and Two-Tier Liability 
      Viscusi, W. Kip; Zeckhauser, Richard (Virginia Law Review, 2011)
      The BP Deepwater Horizon oil spill highlighted the glaring weaknesses in the current liability and regulatory regime for oil spills and for environmental catastrophes more broadly. This Article proposes a new liability ...
    • Constructive Cigarette Regulation 
      Viscusi, W. Kip (Duke Law Journal, 1998)
      Professor W. Kip Viscusi argues for a move away from the adversarial approach to tobacco regulation, an approach that is currently embodied in class action lawsuits and the proposed broadening of FDA regulatory power over ...
    • An Empirical Assessment of Climate Change in the Courts: A New Jurisprudence or Business as Usual? 
      Ruhl, J. B.; Markell, David L. (Florida Law Review, 2012)
      While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces ...
    • Agriculture and Ecosystem Services: Strategies for State and Local Governments 
      Ruhl, J. B. (N.Y.U. Environmental Law Journal, 2008)
      Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at ...
    • Enforcing State Law in Congress's Shadow 
      Mikos, Robert A. (Cornell Law Review, 2005)
      Congress imposes a variety of sanctions on individuals who have been convicted of state crimes. This Article argues that these sanctions may distort the enforcement of state law. By raising the stakes involved in state ...
    • Traditional Knowledge & Intellectual Property: A TRIPS-Compatible Approach 
      Gervais, Daniel J. (Michigan State Law Review, 2005)
      Should intellectual property provide a means for strengthening the range of incentives that local communities need for conserving and developing genetic resources and traditional knowledge (TK)? If so, how and at what cost? ...
    • The "Hidden Judiciary": An Empirical Examination of Executive Branch Justice 
      Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (Duke Law Journal, 2009)
      Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the ...
    • The Future of Agency Independence 
      Bressman, Lisa Schultz; Thompson, Robert B., 1949- (Vanderbilt Law Review, 2010)
      Independent agencies have long been viewed as different from executive-branch agencies because the President lacks authority to fire their leaders for political reasons, such as failure to follow administration policy. In ...
    • Of Clusters and Assumptions: Innovation as Part of a Full TRIPS Implementation 
      Gervais, Daniel J. (Fordham Law Review, 2009)
      Because TRIPS introduced a high(er) level of intellectual property protection in a number of developing countries, it provides an opportunity to examine the impact of the introduction of (property) rights on a variety of ...
    • Who Needs Congress? An Agenda for Administrative Reform of the Endangered Species Act 
      Ruhl, J. B. (N.Y.U. Environmental Law Journal, 1998)
      This article comprehensively examines the history and content of the numerous administrative reforms of the Endangered Species Act program carried out under the tenure of Department of the Interior Secretary Bruce Babbitt. ...
    • Why Every State Should Have an Income Tax (and a Retail Sales Tax, Too) 
      Schlunk, Herwig J. (Mississippi Law Journal, 2009)
      Some states (like Florida and Texas) collect retail sales taxes but no income taxes; one state (Oregon) collects income taxes but no retail sales taxes; most states collect both. This paper examines the decision of a state ...
    • Thinking of Mediation As a Complex Adaptive System 
      Ruhl, J. B. (Brigham Young University Law Review, 1997)
      This article uses my work on complex adaptive systems to think about how litigation and mediation differ in terms of adaptive qualities, suggesting that mediation is indeed a more adaptive mode of dispute resolution in ...
    • The Metrics of Constitutional Amendments: And Why Proposed Environmental Quality Amendments Don't Measure Up 
      Ruhl, J. B. (Notre Dame Law Review, 1999)
      This article builds a model of federal constitutional amendments using proposed environmental quality rights amendments as a case study. I argue that environmental quality rights amendments are unworkable and violate the ...
    • The Populist Safeguards of Federalism 
      Mikos, Robert A. (Ohio State Law Journal, 2007)
      Extant legal scholarship often portrays citizens as the catalysts of federalization. Scholars say that citizens pressure Congress to impose their morals on people living in other states, to trump home-state laws with which ...
    • On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime 
      Mikos, Robert A. (Vanderbilt Law Review, 2009)
      Using the conflict over medical marijuana as a timely case study, this Article explores the overlooked and underappreciated power of states to legalize conduct Congress bans. Though Congress has banned marijuana outright, ...
    • Teen Smoking Behavior and the Regulatory Environment 
      Hersch, Joni, 1956- (Duke Law Journal, 1998)
      Professor Hersch argues that most state regulations aimed at fighting teen smoking have had little or no effect. She provides evidence that despite widespread age restrictions on purchasing tobacco, most teens do not ...
    • Insurers, Illusions of Judgment & Litigation 
      Guthrie, Chris; Rachlinski, Jeffrey John (Vanderbilt Law Review, 2006)
      Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers ...