Law School: Recent submissions
Now showing items 381-400 of 1363
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(Environmental Law Reporter, 2001)Farms and farming are intrinsically linked with human civilization, and have had a dramatic impact on our planet's landscape and environmental systems. Environmental regulation in the United States, though young when ...
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(Ohio State Law Journal, 2016)This Article provides a comprehensive analysis of state constitutional limits on legislative incorporation of dynamic federal law, as occurs when a state legislature incorporates future federal tax, environmental or health ...
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(William & Mary Law Review, 2015)This Article engages the two hundred year history of corporate constitutional rights jurisprudence to show that the Supreme Court has long accorded rights to corporations based on the rationale that corporations represent ...
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(Rutgers Computer & Technology Law Journal, 2009)This paper examines recent controversies in the legal and policy debate between the U.S. and the EU on the sharing of data in the implementation of transatlantic counter-terrorism measures. The nexus between law and policy ...
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(UCLA Law Review, 2016)This Article argues that the emergence of algorithmic trading raises a new challenge for the law and policy of insider trading. It shows that securities markets comprise a cohort of algorithmic “structural insiders” that ...
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(Southern California Law Review, 2014)The adversarial system as it is implemented in the United States is a significant cause of wrongful convictions, wrongful acquittals and “wrongful” sentences. Empirical evidence suggests that a hybrid inquisitorial regime ...
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(Seton Hall Law Review, 2008)This article, written for a symposium on "Guilt v. Guiltiness: Are the Right Rules for Trying Factual Innocence Inevitably the Wrong Rules for Trying Culpability?," argues that the definition of expertise in the criminal ...
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(Politico Magazine, 2016-11-01)The debate over federal regulation has long been at the center of political contests. But surprisingly, the degree of agreement about regulation is considerable. No serious commentator denies that regulation is essential ...
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(Texas Law Review, 2016)In the last four decades, the American middle class has been hollowed out, and fears are growing that economic inequality is leading to political inequality. These trends raise a troubling question: Can our constitutional ...
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(DePaul Law Review, 2016)The passage of the ACA is a source of great pride for President Barack Obama's Administration, and the President undoubtedly hopes that the ACA will be his greatest legacy. 285 As a result, it is difficult to understand ...
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(Minnesota Law Review, 2017)In making the case for increased attention to and expanded legal remedies for disabled women who experience labor market discrimination, this Article proceeds as follows: Part I reviews previous work on intersectional ...
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(Alabama Law Review, 2016)Eradicating discrimination is a lofty goal, ard since the second half of the twentieth century, the United States has largely relied upon the legal system to achieve this goal. Yet a great deal of scholarship suggests ...
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(Marquette Benefits & Social Welfare Review, 2017)For Americans in the labor market with health conditions that fall outside the scope of the ADA, the rehabilitation Act, and GINA, antihealthism legislation, like the kind proposed by Roberts and Leonard, 9would unquestionably ...
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(Vanderbilt Law Review, 2016)It is a pleasure and a privilege to write an introduction to this Symposium celebrating Dean Erwin Chemerinsky's important new book, The Case Against the Supreme Court. Chemerinsky is one of the leading constitutional ...
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(Constitutional Commentary, 1989)GENDER JUSTICE is an avowedly liberal tract on the problems of gender discrimination in our society. It seeks to provide an alternative to the visions of both conservatives and radical feminists. The book fails in its ...
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(Texas Law Review, 1988)Amy Gutmann's Democratic Education might equally well be entitled Republican Education, for its central theme is how to produce true republican citizens-citizens who possess both the ability and the motivation to participate ...
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(Ecology and Society, 2017)The Endangered Species Act (ESA) is often portrayed as a major source of instability and crisis in river basins of the U. S. West, where the needs of listed fish species frequently clash with agriculture dependent on federal ...
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(Ecology and Society, 2017)The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes ...
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(Natural Resources & Environment, 2016)TOn November 3, 2015, President Obama issued a Presidential Memorandum aimed at unifying the mitigation practice and policy for activities carried out and approved by the Departments of Defense, Interior, and Agriculture, ...
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(Duke Law Journal, 2014)Two decades ago, Professor Richard Epstein fired a shot at the administrative state that has gone largely unanswered in legal scholarship. His target was the “permit power,” under which legislatures prohibit a specified ...