Law School: Recent submissions
Now showing items 1321-1340 of 1363
-
(Vanderbilt Law Review, 2008)In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decision making... With respect to the prospect ...
-
(Duke Law Journal, 2009)We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decision making, and retaining an en banc procedure ...
-
(Michigan Law Review, 1998)This paper investigates the increased shareholder activism by labor unions and their pension funds, who are now the most aggressive institutional shareholders. Sometimes unions propose traditional corporate-governance ...
-
(Vanderbilt Law Review, 1998)This article addresses the implications of retail competition in public utility industries, particularly electricity, for utility service obligations. After tracing the history of the common law duty to serve applicable ...
-
Bargaining in the Shadow of Administrative Procedure: The Public Interest in Rulemaking Settlement (Duke Law Journal, 2001)This article addresses problems associated with settlement of appeals of legislative rules adopted by administrative agencies. Settlement is a common and important tool for avoiding litigation, but it also raises potential ...
-
(Iowa Law Review, 2007)Courts struggle with the tension between national competition laws, on the one hand, and state and local regulation, on the other--especially as traditional governmental functions are privatized and as economic regulation ...
-
(Cornell Law Review, 2001)The quality of the judicial system depends upon the quality of decisions that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public understandably expects judges to avoid ...
-
(North Carolina Law Review, 2011)No force has put more pressure on the legal system than is likely to be exerted as climate change begins to disrupt the settled expectations of humans. Demands on the legal system will be intense and long-term, but is the ...
-
(Case Western Reserve Law Review, 2008)Common law nuisance doctrine has the reputation of having provided much of the strength and content of environmental law prior to the rise of federal statutory regimes in the 1970s, but since then has taken a back seat to ...
-
(Minnesota Law Review, 2003)The Article evaluates the Endangered Species Act using Dan Farber's theory of eco-pragmatism. Eco-pragmatism employs environmental baselines, a moderated precautionary principle, and adaptive management to mediate environmental ...
-
(Boston University Law Review, 2008)This Article examines the challenges global climate change presents for the Endangered Species Act (ESA) and its primary administrative agency, the U.S. Fish and Wildlife Service (FWS). Climate change will reshuffle ...
-
(Northwestern University Law Review, 2011)Judges produce opinions for numerous purposes. A judicial opinion decides a case and informs the parties whether they won or lost. But in a common law system, the most important purpose of the opinion, particularly the ...
-
(Boston University Law Review, 2006)Specialization is common in medicine. Doctors become oncologists, radiologists, urologists, or even hernia repair specialists. Specialization is also common among practicing lawyers, who become estate planners or products ...
-
(Northwestern University Law Review, 2004)If "justice delayed" is "justice denied,"justice is often denied in American courts. Delay in the courts is a "ceaseless and unremitting problem of modem civil justice" that "has an irreparable effect on both plaintiffs ...
-
(Cornell Law Review, 2007)How do judges judge? Do they apply law to facts in a mechanical and deliberative way, as the formalists suggest they do, or do they rely on hunches and gut feelings, as the realists maintain? Debate has raged for decades, ...
-
(Vanderbilt Law Review, 2008)"Grutter v. Bollinger" is familiar to American lawyers, academics, and law students as the Supreme Court decision allowing the consideration of race in law school admissions.... Accusations like those made in "Grutter" are ...
-
(Minnesota Law Review, 2011)This Article proposes a new approach to monitoring executive compensation. While the public seems convinced that executives at public corporations are paid too much, so far attempts to rein in executive compensation have ...
-
(University of Cincinnati Law Review, 1999)During the last decade, the stratospheric increases in Chief Executive Officer (CEO) pay levels have made executive compensation a popular target for shareholder activism, particularly when high pay is accompanied by poor ...
-
(Michigan Law Review, 2005)In this paper, we review Pay Without Performance by Professors Lucian Bebchuk and Jesse Fried. The book develops and summarizes the leading critiques of current executive compensation practices in the U.S., and offers a ...
-
(Chicago-Kent Law Review, 2007)In Parts I and II of this Paper, the author analyzes the legal protection of databases first in international treaties, in particular the Berne Convention and the WTO TRIPS Agreement, and second under national and regional ...