Law School: Recent submissions
Now showing items 441-460 of 1363
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(California Law Review, 2007)This article examines how one particular state institution, state attorneys general (SAGs), has operated within a unique set of institutional and political constraints to create state-based regulation with nationwide impact ...
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(University of Pennsylvania Law Review, 2012)Codifying decentralized forms of law, such as the common law and customary law, has been a cornerstone of the positivist turn in legal theory since at least the nineteenth century. Commentators laud codification’s purported ...
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(Northern Ireland Legal Quarterly, 2013)This article has briefly set forth the fundamental flaws in the ideal of judicial dispassion, made the case that judges are best advised to engage with rather than suppress their emotions, and demonstrated how taking such ...
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(Texas Law Review, 2016)This article, the most comprehensive study of judicial participation in plea negotiations since the 1970s, reveals a stunning array of new procedures that involve judges routinely in the settlement of criminal cases. ...
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(Vanderbilt Law Review, 2017)Every state provides appellate review of criminal judgments, yet little research examines which factors correlate with favorable outcomes for defendants who seek appellate relief. To address this scholarly gap, this paper ...
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(University of Pennsylvania Law Review, 2016)To avoid the appearance of sex discrimination that would violate Title VII of the Civil Rights Act, both Equal Employment Opportunity Commission (EEOC) guidance and a common misunderstanding of the law have resulted in ...
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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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(Vanderbilt Law Review, 2008)In this Essay--the first in a series of essays designed to reimagine the Supreme Court--we argue that Congress should authorize the Court to adopt, in whole or part, panel decisionmaking. We recognize, of course, that this ...
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(Harvard Law Review, 2018)What is a musical work? Philosophers debate it, but for judges the answer has long been simple: music means melody. Though few recognize it today, that answer goes all the way back to the birth of music copyright litigation ...
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(Vanderbilt Law Review, 2017)In twenty-five different experiments conducted on over 2,200 judges, we assessed whether judges' political ideology influences their resolution of hypothetical cases. Generally, we found that the political ideology of the ...
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(Emory Law Journal, 2017)Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This ...
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(2006)Federal courts of appeals are constrained by the power and preferences of the Supreme Court. The principal-agent model reveals that circuit judges gain power largely by avoiding review. We consider, however, whether circuit ...
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(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 ...
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(Southern California Law Review, 2016)The integrity of shareholder voting is critical to the legitimacy of corporate law. One threat to this process is proxy “bundling,” or the joinder of more than one separate item into a single proxy proposal. Bundling ...
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(University of Chicago Law Review, 2017)In the time since Justice Antonin Scalia’s untimely death, much has been written about what his influence has been and what his influence will be. In this Essay, we try to quantify Scalia’s influence in law school ...
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(Notre Dame Law Review, 2017)
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(Arizona Law Review, 2015)In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court’s decisions in Concepcion and American Express. These decisions permitted corporations to opt out of ...
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(Notre Dame Law Review, 2017)One of intellectual property theory’s operating assumptions is that creating is hard while copying is easy. But it is not always so. Copies, though outwardly identical, can come from different processes, from cheap digital ...
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(Southern California Law Review, 2014)Shareholder voting is a key part of contemporary American corporate governance. As numerous contemporary battles between corporate management and shareholders illustrate, voting has never been more important. Yet, traditional ...
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(BMC Medical Research Methodology, 2016)As biobanks play an increasing role in the genomic research that will lead to precision medicine, input from diverse and large populations of patients in a variety of health care settings will be important in order to ...