Law School: Recent submissions

Now showing items 261-280 of 1363

    • Joining Forces 
      George, Tracey E.; Guthrie, Chris (Journal of Legal Education, 2002)
      In the absence of empirical evidence and in the face of conflicting intuitions, there is no way to assess the relevance of collaborative work to the development of law and legal scholarship. In this essay we seek to fill ...
    • Remaking the United States Supreme Court in the Courts' of Appeals Image 
      George, Tracey E.; Guthrie, Chris (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 ...
    • "The Threes" 
      George, Tracey E.; Guthrie, Chris (Vanderbilt Law Review, 2008)
      Law school professors control the production of lawyers and influence the evolution of law. Understanding who is hired as a tenure-track law professor is of clear importance to debates about the state of legal education ...
    • The Ideological Consequences of Selection 
      Fitzpatrick, Brian T. (Vanderbilt Law Review, 2017)
      One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to ...
    • Sunstein 1s and 2s 
      Edelman, Paul H.; George, Tracey E. (Green Bag, 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 ...
    • Environmental Protection Requires More than Social Resilience 
      Vandenbergh, Michael P. (The Regulatory Review, 2018-10-01)
      Achieving the green economy requires taking into account divisive politics and distributive justice.
    • Keynote: Motivating Private Climate Governance 
      Vandenbergh, Michael P. (Arkansas Law Review, 2018)
      In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: ...
    • Private Governance Responses to Climate Change 
      Vandenbergh, Michael P.; Metzger, Daniel J. (Fordham Environmental Law Review, 2018)
      This Article explores how private governance can reduce the climate effects of global civil aviation. The civil aviation sector is a major contributor to climate change, accounting for emissions comparable to a top ten ...
    • Democracy and Dysfunction 
      Thomas, Randall S.; Jeter, Debra C.; Wells, Harwell L. (Alabama Law Review, 2018)
      Since the 1930s, corporate law scholarship has focused narrowly on the public corporation and the problem of the separation of ownership and control — a problem many now believe has been mitigated or even solved. With rare ...
    • Is it Time for a Universal Genetic Forensic Database? 
      Clayton, Ellen W.; Slobogin, Christopher; Hazel, J.W.; Malin, B.A. (Science, 2018)
      There is evidence that existing forensic databases have more than made up for their initial costs by increasing the efficiency, accuracy, and success rate of ongoing criminal investigations and by deterring would-be crimals. ...
    • Who Knows What and When? 
      Slobogin, Christopher; Hazel, James W. (Cornell Journal of Law & Public Policy, 2018)
      Direct-to-consumer genetic testing (DTC-GT) companies have proliferated in the past several years. Based on an analysis of genetic material submitted by consumers, these companies offer a wide array of services, ranging ...
    • A Blueprint for a New American Trade Policy 
      Meyer, Timothy; Sitaraman, Ganesh (The Great Democracy Initiative, 2018-12)
      In this paper, we offer ten recommendations on how to reform American trade policy. These reforms respond to three fundamental challenges: (1) our trade bureaucracy is poorly designed to craft and execute a trade policy ...
    • Taking Antitrust Away from the Courts 
      Sitaraman, Ganesh (Great Democracy Initiativehttps://greatdemocracyinitiative.org/wp-content/uploads/2018/09/Taking-Antitrust-Away-from-the-Courts-Report-092018-3.pdf, 2018)
      A small number of firms hold significant market power in a wide variety of sectors of the economy, leading commentators across the political spectrum to call for a reinvigoration of antitrust enforcement. But the antitrust ...
    • In Appreciation of the Tarlock Effect 
      Ruhl, J.B. (Chicago-Kent Law Review, 2018)
      So, what is one to do about The Tarlock Effect? It didn't take long for me to realize early in my academic career-well before my foray into climate change adaptation policy-that there's just no escaping it. So I learned ...
    • Topic Modeling the President 
      Ruhl, J.B.; Nay, John; Gilligan, Jonathan (George Washington Law Review, 2018)
      Law is generally represented through text, and lawyers have for centuries classified large bodies of legal text into distinct topics — they “topic model” the law. But large bodies of legal documents present challenges for ...
    • Investor-State Dispute Settlement 
      Gervais, Daniel J. (U.C. Irvine Law Review, 2018)
      The triangular interface between trade, intellectual property (IP) and human rights has yet to be fully formed, both doctrinally and normatively. Adding investor-state dispute settlement (ISDS) to the mix increases the ...
    • Buchanan and the Right to Acquire Property 
      Ely, James W. Jr. (Cumberland Law Review, 2018)
      This article examines the impact of the Supreme Court decision in Buchanan v. Warley (1917) invalidating residential segregation laws as a deprivation of property rights without due process of law. The decision was premised ...
    • The Future of the Federal Common Law of Foreign Relations 
      Wuerth, Ingrid Brunk (Georgetown Law Journal, 2018)
      The federal common law of foreign relations has been in decline for decades. The field was built in part on the claim that customary international law is federal common law and in part on the claim that federal judges ...
    • Money as Infrastructure 
      Ricks, Morgan (2018)
      Traditional infrastructure regulation—the law of regulated industries—rests atop three pillars: rate regulation, entry restriction, and universal service. This mode of regulation has typically been applied to providers of ...
    • Is Groton the Next "Evenwel"? 
      Edelman, Paul H. (Michigan Law Review Online, 2018)
      In Evenwel v Abbott the Supreme Court left open the question of whether states could employ population measures other than total population as a basis for drawing representative districts so as to meet the requirement of ...