Law School: Recent submissions

Now showing items 241-260 of 1363

    • How the First Forty Years of Circuit Precedent Got Title VII's Sex Discrimination Provision Wrong 
      Clarke, Jessica (Texas Law Review Online, 2019)
      The Supreme Court will soon decide whether, under Title VII of the Civil Rights Act of 1964, it is discrimination “because of sex” to fire an employee because of their sexual orientation or transgender identity. There’s a ...
    • Pregnant People? 
      Clarke, Jessica (Columbia Law Review, 2019)
      In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that ...
    • Still in Exile? The Current Status of the Contract Clause 
      Ely, James Jr. (Brigham-Kanner Property Rights Conference Journal, 2019)
      The Contract Clause is no longer the subject of much judicial solicitude or academic interest.' Since the 1930s the once potent Contract Clause has been largely relegated to the outer reaches of constitutional law.2 This, ...
    • The Diversity Imperative Revisited 
      Hans, G.S. (Clinical Law Review, 2019)
      The demographics of clinical law faculties matter. As Professor Jon Dubin persuasively argued nearly twenty years ago in his article Faculty Diversity as a Clinical Legal Education Imperative, clinical faculty of color ...
    • Efficient Deterrence of Workplace Sexual Harassment 
      Hersch, Joni (University of Chicago Legal Forum, 2019)
      Although sexual harassment imposes costs on both victims and organizations, it is also costly for organizations to reduce sexual harassment. Legislation, education, training, and litigation have all been unsuccessful in ...
    • Misdemeanor Appeals 
      King, Nancy J.; Heise, Michael (Boston University Law Review, 2019)
      We provide the first estimate of the rate of appellate review for misdemeanors, concluding that appellate courts review no more than eight in ten thousand misdemeanor convictions and disturb only one conviction or sentence ...
    • Empirically Investigating Judicial Emotion 
      Maroney, Terry (Onati Socio-Legal Series, 2019)
      The empirical study of judicial emotion has enormous but largely untapped potential to illuminate a previously underexplored aspect of judging, its processes, outputs, and impacts. After defining judicial emotion, this ...
    • Introducing an Interdisciplinary Frontier to Judging, Emotion and Emotion Work 
      Maroney, Terry; Blix, Stina Bergman; Mack, Kathy; Anleu, Sharyn Roach (Onati Socio-Legal Series, 2019)
      This special issue of Oñati Socio-Legal Series, titled Judging, Emotion and Emotion Work, is the result of presentations and discussions during an interdisciplinary workshop at the International Institute for the Sociology ...
    • Antitrust Scrutiny for the Occupations: North Carolina Dental and Its Impact on U.S. Licensing Boards 
      Allensworth, Rebecca Haw (Pazmany Law Review, 2019)
      The American system of occupational licensing is under attack. The current regime – which allows for almost total self-regulation – has weathered sustained criticism from consumer advocate groups, academics, politicians, ...
    • Countering Nationalist Oligarchy 
      Sitaraman, Ganesh (Democracy: A Journal of Ideas, 2019)
      The real threat to liberal democracy isn’t authoritarianism--it's nationalist oligarchy. Here's how American foreign policy should change.
    • Will Tenure Voting Give Corporate Managers Lifetime Tenure? 
      Edelman, Paul H.; Thomas, Randall S.; Jiang, Wei (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 ...
    • The Copy Process 
      Fishman, Joseph P. (New York University Law Review, 2016)
      There’s more than one way to copy. The process of copying can be laborious or easy, expensive or cheap, educative or unenriching. But the two intellectual property regimes that make copying an element of liability, copyright ...
    • Sunstein 1s and 2s 
      Edelman, Paul H.; George, Tracey E. (The Green Bag Almanac & Reader, 2008)
      In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship, we began the study of the legal academy's collaboration network. When mathematicians discuss the nature of collaboration in their field they ...
    • Locating the International Interest in Intranational Cultural Property Disputes 
      Fishman, Joseph P. (Yale Journal of International Law, 2010)
      This Article considers the extent to which there may be an international interest in how intranational disputes over cultural property are settled. Drawing on the norms underlying recent global scrutiny of states’ destruction ...
    • Copyright Infringement and the Separated Powers of Moral Entrepreneurship 
      Fishman, Joseph P. (American Criminal Law Review, 2014)
      This Article examines the copyright industries’ “moral entrepreneurs,” sociologist Howard Becker’s term for enterprising crusaders who seek to change existing social norms regarding particular conduct. Becker’s conception ...
    • Navigating the Research Clinic--Clinical Interface in Genomic Medicine 
      Clayton, Ellen W.; Wolf, Susan M.; et al. (Genetics in Medicine, 2018)
      Purpose: The Clinical Sequencing Exploratory Research (CSER) Consortium encompasses nine National Institutes of Health–funded U-award projects investigating translation of genomic sequencing into clinical care. Previous ...
    • Behavioral Genetics and Crime, In Context 
      Jones, Owen D. (Law and Contemporary Problems, 2006)
      This Article provides an introduction to some of the key issues at the intersection of behavioral genetics and crime. It provides, among other things, an overview of the emerging points of consensus, scientifically, on ...
    • Plain Packaging and the Interpretation of the Tripps Agreement 
      Gervais, Daniel; Frankel, Susy (Vanderbilt Journal of Transnational Law, 2013)
      Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose ...
    • The Federal Court System 
      George, Tracey E.; Yoon, Albert H. (Saint Louis University Law Journal, 2003)
      We applaud Professor Merrill's bold and noteworthy effort to engage in a dialogue with political scientists who study the Supreme Court. He navigates a substantial body of social science scholarship largely ignored by legal ...
    • The Judges of the U.S. Judicial Panel on Multidistrict Litigation 
      George, Tracey E.; Williams, Margaret S. (Judicature, 2014)
      The United States Judicial Panel on Multidistrict Litigation (or "MDL Panel") is one of a small number of special federal courts created pursuant to Article III by Congress and staffed by a Chief-Justice-appointed group ...