Law School: Recent submissions
Now showing items 161-180 of 1363
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(Notre Dame Law Review, 2021)Resource allocations of all kinds inevitably encounter financial constraints, making it infeasible to make financially unbounded commitments. Such resource constraints arise in almost all health and safety risk contexts, ...
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(Vanderbilt Law Review, 2021)Judicial deference to agency interpretations of their own statutes is a foundational principle of the administrative state. It recognizes that Congress has the need and desire to delegate the details of regulatory policy ...
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(Yale Law Journal Forum, 2021)American competition policy has four big problems: Amazon, Apple, Facebook, and Google. These companies each reign over a sector of the digital marketplace, controlling both the consumer experience and the possibility of ...
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(Vanderbilt Journal of Transnational Law, 2020)This Article shows that fintech exacerbates the difficulties of standard setting in international financial regulation. Earlier work introduced the "Innovation Trilemma"(the Trilemrma). When seeking to balance the goals ...
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(Vanderbilt Journal of Transnational Law, 2020)Shareholder inspection rights allow a shareholder to access the relevant documents of the company in which they hold an interest, so as to address the problem of information asymmetry and reduce the agency costs inherent ...
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(Jotwell: The Journal of Things We Like (Lots), 2020-07-02)States have increasingly resorted to statistically-derived risk algorithms to determine when diversion from prison should occur, whether sentences should be enhanced, and the level of security and treatment a prisoner ...
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(California Law Review, 2020)In their article in this issue, Professors Peter Menell and Ryan Vacca describe a federal court docket that is overloaded and unable to process cases efficiently. As they depict it, justice in the federal courts is either ...
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(New York University Law Review Online, 2020)This Essay addresses one of the key evidentiary problems facing courts today: the treatment of forensic reports under the Confrontation Clause. Forensics are a staple of modern criminal trials, yet what restrictions the ...
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(Harvard Business Law Review, 2020)Black & Gilson (1998) argue that an IPO-welcoming stock market stimulates venture deals by enabling VCs to give founders a valuable "call option on control." We study 18,000 startups to investigate the value of this option. ...
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(University of Chicago Law Review Online, 2020-08-27)In Sella Law LLC .. Consumer Financial Protection Board, the Supreme Court invalidated a statutory provision that protected the director of the Consumer Finance Protection Board (CFPB) from removal by the president except ...
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(Georgetown Law Journal, 2019)Whether in response to robo advising, artificial intelligence, or cryptocurrencies such as Bitcoin, regulators around the world have made it a top policy priority to supervise the exponential growth of financial technology ...
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(California Law Review, 2020)In their article in this issue, Professors Peter Menell and Ryan Vacca describe a federal court docket that is overloaded and unable to process cases efficiently. As they depict it, justice in the federal courts is either ...
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(American University Law Review, 2020)Should arbitrators consider authority--such as statutes or case law-external to the collective bargaining agreement when deciding labor grievances? Do they rely on such external authority? If so, do they do so in particular ...
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(Stanford Law Review, 2019)Abstract. Based on case studies indicating that apologies from physicians to patients can promote healing, understanding, and dispute resolution, thirty-nine states (and the District of Columbia) have sought to reduce ...
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(Georgetown Law Journal, 2019)Fears have abounded for years that the sweet spot for capture of regulatory agencies is the "revolving door" whereby civil servants migrate from their roles as regulators to private industry. Recent scholarship on this ...
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(Minnesota Law Review, 2018)It is difficult to know what to expect when you are expecting, particularly in the workplace. A woman may be delighted to share the news of her pregnancy with friends and family, yet approaching that same discussion with ...
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(University of Illinois Law Review, 2019)Blockbuster punitive damages awards, i.e., those awards exceeding $100 million, attract attention based on their sheer size. While there have been fewer such awards in the last decade, they remain an important presence in ...
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(William & Mary Law Review, 2018)Although regulatory agencies place high values on the benefits associated with the reduction in mortality risks due to regulations, these same agencies substantially undervalue lives in their enforcement efforts. The ...
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(Minnesota Law Review, 2018)Using the findings generated by this first empirical overview of pregnancy in the labor market, this Article will argue that remedying pregnancy discrimination must become a more urgent priority for civil rights advocates ...
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(Washington University Law Review, 2019)It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But explaining how ...