Law School: Recent submissions

Now showing items 181-200 of 1363

    • Trade and the Separation of Powers 
      Meyer, Timothy; Sitaraman, Ganesh (California Law Review, 2019)
      This Article makes three contributions. First, we argue that the current discontent over trade is not just a matter of the distribution of economic gains and losses but a matter of the distribution of constitutional powers. ...
    • The Law and Politics of Socially Inclusive Trade 
      Meyer, Timothy (University of Illinois Law Review Online, 2019)
      American ambivalence toward international institutions is nothing new. In his farewell address, George Washington famously warned against foreign entanglements. After World War I, the U.S. Senate rejected the Treaty of ...
    • The Patent Option 
      Gervais, Daniel (North Carolina Journal of Law & Technology, 2019)
      There is a shift in the shape of intellectual property tools used to strengthen and lengthen the right of pharmaceutical companies to exclude others from making and marketing their products. Patents have traditionally been ...
    • The (Limited) Constitutional Right to Compete in an Occupation 
      Allensworth, Rebecca Haw (William & Mary Law Review, 2019)
      Is there a constitutional right to compete in an occupation? The “right to earn a living” movement, gaining steam in policy circles and winning some battles in the lower courts, says so. Advocates for this right say that ...
    • Clinical Fellowships, Faculty Hiring, and Community Values 
      Hans, G.G. (Clinical Law Review, 2021)
      This Essay explores clinical hiring practices as an expression of community values. In particular, it discusses how lawyers become clinical faculty to reflect on whether and how prior clinical teaching experience should ...
    • A Fiduciary Judge's Guide to Awarding Fees in Class Actions 
      Fitzpatrick, Brian T. (Fordham Law Review, 2021)
      It is often said that judges act as fiduciaries for the absent class members in class action litigation. If we take this seriously, how then should judges award fees to the lawyers who represent these class members? The ...
    • Analysis of Conflict of Interest Policies among Organizations Producing Clinical Practice Guidelines 
      Clayton, Ellen W.; Appelbaum, P.S.; et al. (PLoS One, 2021-04-30)
      Among organizations producing CPGs, COI policies frequently do not meet IOM standards, and organizations often violate their own policies. These shortcomings may undermine the public trust in and thus the utility of CPGs. ...
    • Completing the Quantum of Evidence 
      Cheng, Edward K.; Bowerman, Brooke (Minnesota Law Review Headnotes, 2021)
      In Evidentiary Irony and the Incomplete Rule of Completeness, Professors Daniel Capra and Liesa Richter comprehensively catalog the many shortcomings in current Federal Rule of Evidence 106 and craft a compelling reform ...
    • Do Appraisal Challenges Benefit Target Shareholders through Narrowing Arbitrage Spread? A Reply 
      Broughman, Brian; Boone, Audra; Macias, Antonio J. (Journal of Law & Economics, 2020)
      The emergence of appraisal arbitrage as an investment strategy has focused attention on the role of judicial appraisal in mergers and acquisitions deals. Our study-Boone, Broughman, and Macias (2019)-contributes to this ...
    • Chevron is a Phoenix 
      Bressman, Lisa S.; Stack, Kevin M. (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 ...
    • Social Checks and Balances: A Private Fairness Doctrine 
      Vandenbergh, Michael P. (Vanderbilt Law Review, 2020)
      This Essay proposes a private standards and certification system to induce media firms to provide more complete and accurate information. It argues that this new private governance system is a viable response to the ...
    • Anticipating Accommodation 
      Shinall, Jennifer (Bennett) (Iowa Law Review, 2020)
      In theory, a reasonable accommodation mandate can remedy worker marginalization by requiring employers to make small adjustments in the workplace that have big payoffs for employees. But in reality, a reasonable accommodation ...
    • Patenting New Uses for Old Inventions 
      Seymore, Sean B. (Vanderbilt Law Review, 2020)
      A bedrock principle of patent law is that old inventions cannot be patented. And a new use for an old invention does not render the old invention patentable. This is because patent law requires novelty-an invention must ...
    • Development of Brief Child Nutrition and Physical Activity Screening Questions for Electronic Health Record Use 
      Shinall, Jennifer (Bennett); et al. (Childhood Obesity, 2020)
      To develop and test brief nutrition and physical activity screening questions for children ages 2–11 years that could be used as a pragmatic screening tool to tailor counseling, track behavior change, and improve population ...
    • Beyond Green Infrastructure--Integrating the Ecosystem Services Framework into Urban Planning Law and Policy 
      Ruhl, J.B. (Journal of Comparative Urban Law and Policy, 2020)
      Despite the heavy emphasis in legal scholarship on federal and state governance of environmental policy, cities have had their champions as well. Legal scholars who stand out as having defined a position for local governance ...
    • What Happens When the Green New Deal Meets the Old Green Laws? 
      Ruhl, J.B.; Salzman, James (Vermont Law Review, 2020)
      The multi-faceted infrastructure goals of the Green New Deal will be impossible to achieve in the desired time frames if the existing federal, state, and local siting and environmental protection statutory regimes are ...
    • The Gap-Filling Role of Private Environmental Governance 
      Rossi, Jim; Vandenbergh, Michael P.; Faucher, Ian (Virginia Environmental Law Journal, 2020)
      Private environmental governance provides new tools that can fill gaps in government regulatory regimes. The Tennessee Valley Authority (TVA) is a valuable case study for testing the efficacy of private environmental ...
    • Deal Breakage in Domestic and Cross-Border Mergers and Acquisitions: New Data and Avenues for Research 
      Ricks, Morgan (Vanderbilt Journal of Transnational Law, 2020)
      This Article presents a newly constructed mergers and acquisitions (M&A) data set that can support detailed analysis of deal outcomes, including deal breakage. The main novelty of the data set is a detailed classification ...
    • (What We Talk About When We Talk About) Judicial Temperament 
      Maroney, Terry A. (Boston College Law Review, 2020)
      Judicial temperament is simultaneously the thing we think all judges must have and the thing that no one can quite put a finger on. Extant accounts are scattered and thin, and either present a laundry list of desirable ...
    • Proposed Reforms to Texas Judicial Selection: Panelist Remarks 
      Fitzpatrick, Brian T. (Lewis & Clark Law Review, 2020)
      Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, ...