Law School: Recent submissions
Now showing items 321-340 of 1363
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(Howard Law Journal, 2015)Through discriminatory rhetoric state and local officials construct delinquent juvenile immigrant youth as the embodiment of a threat to public safety and American values. Accordingly, alleged delinquent undocumented ...
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(North Carolina Law Review, 2016)Because representative shareholder litigation has been constrained by numerous legal developments, the corporate governance system has developed new mechanisms as alternative means to address managerial agency costs. We ...
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(Washington & Lee Law Review, 2006)In this paper, we examine the key legal characteristics of 375 employment contracts between some of the largest 1500 public corporations and their Chief Executive Officers. We look at the actual language of these contracts, ...
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(Illinois Law Reviewhttps://illinoislawreview.org/first-100-days/, 2017)While it is clear that the new attorney general opposes state marijuana reforms, it is less clear what he will or even could do to block those reforms or to curb the industry that has flourished under them. The popularity ...
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(University of Pennsylvania Law Review, 2012)States amass troves of information detailing the regulated activities of their citizens, including activities that violate federal law. Not surprisingly, the federal government is keenly interested in this information. It ...
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(Denver University Law Review, 2012)Medical marijuana has emerged as one of the key federalism battlegrounds of the last two decades. Since 1996, sixteen states have passed new laws legalizing the drug for certain medical purposes.' All the while, the federal ...
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(George Washington Law Review, 2017)Congressional preemption constitutes perhaps the single greatest threat to state power and to the values served thereby. Given the structural incentives now in place, there is little to deter Congress from preempting state ...
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(Montana Law Review, 2015)The federalization of criminal law arguably threatens the states’ traditional police powers. Congress has criminalized myriad activities the states condone (or at least tolerate); it has denied federal criminal defendants ...
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(Texas Law Review, 2016)For much of the past 80 years courts have fixated on dual sovereignty as the organizing federalism paradigm under New Deal era energy statutes. Dual sovereignty’s reign emphasized a jurisdictional “bright line,” with a ...
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(Harvard Environmental Law Review, 2017)This article explores the growing federalism tensions in efforts to expand the nation’s energy transportation infrastructure — the electric transmission lines, natural gas pipelines, natural gas import and export terminals ...
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(Yale Journal on Regulation, 2018)This foreword introduces "Revisiting the Public Utility," a series of essays published in a special issue of Yale Journal on Regulation. We cluster the contributions to this issue around public utility regulation’s core ...
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(SMU Law Review, 2015)Scholars have found that men who physically harm their intimate partners receive less punishment than men who harm strangers. In other words, in the criminal setting, coitus has consequences. In particular, for female ...
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(Columbia Law Review, 2016)Many accounts of Gideon v Wainwright s legacy focus on what Gideon did not do--its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few "outlier" states, ...
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(American Journal of Criminal Law, 2018)The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the ...
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(Molecular Genetics & Genomic Medicine, 2017)Background: Clinical genome and exome sequencing (CGES) is primarily used to address specific clinical concerns by detecting risk of future disease, clarifying diagnosis, or directing treatment. Additionally, CGES makes ...
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(Duke Law Journal, 2013)In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions ...
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(California Law Review, 2015)Recent controversies over identity claims have prompted questions about who should qualify for affirmative action, who counts as family, who is a man or a woman, and who is entitled to the benefits of U.S. citizenship. ...
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(Michigan Law Review, 2017)A short time ago, the argument that sex discrimination includes discrimination on the basis of sexual orientation was considered a risky litigation tactic with little hope of success. One reason was the fear that extending ...
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(Indiana Law Journal, 2011)Sexual harassment law and family leave policy originated as feminist reform projects designed to protect women in the workplace. But many academics now ask whether harassment and leave policies have outgrown their gendered ...
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(Yale Law Journal, 2015)Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include ...