Law School: Recent submissions
Now showing items 201-220 of 1363
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(Texas Review of Law and Politics, 2019)I am going to set the stage by providing a little background about the various methods that States around the country use to select their judges. I am also going to remind us of many of the considerations that we like to ...
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(Vanderbilt Law Review, 2020)In Professor Redish's review of my new book, The Conservative Case for Class Actions, he argues that liberals should oppose the class action because the cy pres doctrine used to distribute settlement money is democratically ...
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(Journal of Legal Education, 2020)In this article, we demonstrate that the citation counts and other author information available through the Web of Science database has made non-law citations possible to assemble and assess in a manner similar to the Sisk ...
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(Cleveland State Law Review, 2021)A cornerstone of First Amendment doctrine is that counterspeech - speech that responds to speech, including disfavored, unpopular, or offensive speech - is preferable to government censorship or speech regulation. The ...
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(Law and Contemporary Problems, 2021)Over his long career, Francis McGovern was a leading supporter of decentralizing the fact finding that goes on in multidistrict litigation (MDL). His advocacy of letting torts "mature" gave rise to the sampling that takes ...
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(Yale Law Journal Forum, 2020)In response to the COVID-19 pandemic, the U.S. Food and Drug Administration (FDA) published a series of 2020 guidance documents on how to seek Emergency Use Authorizations (EUAs) for new SARS-CoV-2 tests. These guidance ...
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(2018)In June 2017, Spain's Banco Popular, the country's fifth largest bank, failed in an orderly fashion-vindicating, it seemed, the rules put in place to manage such insolvencies following the 2008 Financial Crisis.' Weighed ...
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(Texas Law Review, 2019)Dual-class voting systems have been widely employed in recent initial public offerings by large tech companies but have been roundly condemned by institutional investors and the S&P 500. As an alternative, commentators ...
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(Harvard Law Review, 2019-01)Nonbinary gender identities have quickly gone from obscurity to prominence in American public life, with growing acceptance of gender-neutral pronouns, such as "they, them, and theirs," and recognition of a third-gender ...
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(Georgia State University Law Review 427 (2021), 2021)The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou's Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons ...
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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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(Indiana Law Journal, 2020)The consumer expectations test in products liability law holds firms liable for producing goods that are more dangerous than the reasonable consumer would anticipate. But judicial experience in the majority of states that ...
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(Vanderbilt Journal of Entertainment Law and Technology, 2020)Cascade failures are events in networked systems with interconnected components in which failure of one or a few parts triggers the failure of other parts, which triggers the failure of more parts, and so on. Cascade ...
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(University of Colorado Law Review, 2020)The major federal public land management agencies (the Forest Service, Bureau of Land Management, Park Service, Fish & Wildlife Service, and Department of Defense) have increasingly adopted a language that did not exist ...
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(Vanderbilt Journal of Entertainment Law & Practice, 2020)As a result of the specialization and cumulation of knowledge in the era of High Modernity, research and development in most technical fields is largely incomprehensible to anyone outside that field. What should policy ...
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(Law and Contemporary Problems, 2020)In this Article, I use Bernanke's blockbuster as a springboard to make several points that are germane to law and macroeconomics as a field of study. First, understanding acute macroeconomic disasters should be central to ...
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(Widener Law Review, 2020)The states have launched a revolution in marijuana policy, creating a wide gap between state and federal marijuana law. While nearly every state has legalized marijuana in at least some circumstances, federal law continues ...
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(Vanderbilt Law Review, 2020-01)Since 1962, when Congress passed the Trade Expansion Act, every new U.S. trade deal has had the same essential bargain at its core. Congress agrees to give the president the power to lower trade barriers, while at the same ...
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(UCLA Law Review, 2020)This Article offers a theory. Granting originators exclusivity over derivative works and their related merchandise can enable marginal investment to tilt toward what I call derivable works: works that, from the owner's ex ...
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(Albany Law Review, 2019)As genomic data are increasingly being collected and applied in clinical care, physicians, laboratories, and other health care providers are more frequently being sued for alleged medical malpractice or negligence. Because ...