Law School: Recent submissions
Now showing items 461-480 of 1363
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(Harvard Law Review, 2000)Preemption is probably the most frequently used constitutional doctrine in practice. It is the doctrine by which Congress supersedes state law and establishes uniform federal regulatory schemes to ensure the smooth ...
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(Vanderbilt Law Review, 2003)Vanderbilt University Law School is recognized today as offering one of the nation's preeminent programs in legal education. Its opening in Nashville in 1874, however, was inauspicious at best, and its operation during the ...
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(Michigan Journal of Gender & Law, 2008)Informed consent is a common law concept rooted in the idea that "[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body."' Its aim is to ensure that each patient ...
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(Michigan State University Journal of Medicine and law, 2008)Our society and laws allow a space for a multitude of identities and forms of expression. Many kinds of differences are legally protected in various ways, such as differences in race, religion, and gender. Sometimes ...
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(Wayne Law Review, 2016)The decisions of the Michigan Supreme Court and the Michigan Court of Appeals during the Survey period, May 23, 2007 to July 30, 2008, did not dramatically change the course of environmental law in Michigan, nor did they ...
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(Virginia Law Review, 2016-10)"Antitrust federalism, " or the rule that state regulation is not subject to federal antitrust law, does as much as-and perhaps more than-its constitutional cousin to insulate state regulation from wholesale invalidation ...
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(California Law Review, 2017)The dark side of occupational licensing-its tendency to raise prices to consumers with dubious effects on service quality, its enormous payout to licensees, and its ability to shut many willing workers out of the workforce-has ...
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(Texas Intellectual Property Law Journal, 2014)High tech markets must strike an awkward balance between coordination and competition in order to achieve efficiency. The need for competition is familiar; antitrust--as well as many other legal institutions--recognizes ...
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(Columbia Journal of Law & the Arts, 2015)The fate of professional creators is a major cultural issue. While specific copyright rules are obviously contingent and should be adapted to the new realities of online distribution and easy reuse, professional authorship ...
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(Brandeis Law Journal, 2004)The organizers of this symposium gave us the choice of writing about effective assistance of counsel or about teaching criminal procedure. I've decided to do both. This article discusses teaching the criminal procedure course ...
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(European Company and Financial Law Review, 2009)Episodic and even sometimes systematic misbehavior by businessmen and corporate entities is ubiquitous. While Enron and WorldCom were the battle cries for corporate reform in the U.S. so it was with Ahold and Parmalat ...
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(European Company and Financial Law Review, 2009)In this paper, we provide an overview of the most significant empirical research that has been conducted in recent years on the public and private enforcement of the federal securities laws. The existing studies of the ...
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(Law and Social Inquiry, 1992)Mary Ann Glendon has written a powerful and persuasive diagnosis of the ills besetting modern American society. Unlike many other commentators, Glendon refuses to lay the blame on any single group or institution but spreads ...
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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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(Michigan Law Review, 1989-05)Mark Tushnet's new book ("Red, White, and Blue: A Critical Analysis of Constitutional Law") is an example of how too many layers of theoretical detachment can obscure truly innovative scholarship. His fervent insistence ...
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(Northwestern University Law Review, 1990)Approximately one-third of Robert Bork's new book, "The Tempting of America," is devoted to attacking "the bloody crossroads" that were his confirmation hearings. A careful reading of the book as a whole, however, serves ...
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(Harvard law Review, 1992)We the People is an ambitious book by one of our best constitutional theorists. Part one of a projected three-volume series, it aims at nothing less than a re-envisioning of American constitutional history and promises a ...
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(Reviews in American History, 1997)Since Alfred Kelly coined the term "law-office history" in 1965, been added-except ever-multiplying examples-to the perennial about how lawyers and legal academics use history. Laura Kalman's ing new book about legal ...
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(Vanderbilt Law Review En Banc, 2013)Forget hard cases: "bad" cases make bad law. DaimlerChrysler Corp. v. Bauman, which never should have been filed in a California federal court, has the potential to make very bad law. It is a paradigmatic example of egregious ...
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(New York University Journal of law & Liberty, 2014)As part of symposium on Richard Epstein’s new book, The Classical Liberal Constitution, this article points out that his purportedly historical approach is actually present-oriented, which undermines two particular parts ...