Law School: Recent submissions
Now showing items 641-660 of 1363
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(Case Western Reserve Journal of International Law, 2010)Lawfare that erodes the good faith application of the laws and customs of warfare is illegitimate and untenable. This essay outlines the contours of such illegitimate lawfare and provides current examples to guide ...
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(Iowa Law Review, 1991)Since the Supreme Court held the prohibition of lawyer advertising unconstitutional in Bates v. State Bar of Arizonal American lawyers have engaged in heated debate over the appropriateness of advertising for their profession. ...
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(Vanderbilt Journal of Entertainment and Technology Law, 2013)The derivative right is at the very core of copyright theory. What can and cannot be reused to create a new work impacts freedom of expression but also impacts the value of the markets for works and their various “derivatives.” ...
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(William and Mary Law Review, 1998)Many commentators view City of Boerne v. Flores,' in which a divided Supreme Court struck down the Religious Freedom Restoration Act of 1993 (RFRA), as a major defeat in the battle for religious freedom in the United ...
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(2003)The debates about forums and processes for prosecuting those accused of terrorist acts have resonated across the globe since September 11, 2001. Discussion is likely to intensify in this regard in preparation for the ...
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(Duke Journal of Constitutional Law & Public Policy, 2012)In the Supreme Court's recent decision in United States v. Jones, a majority of the Justices appeared to recognize that under some circumstances aggregation of information about an individual through governmental surveillance ...
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(Green Bag, 2013)Too much of a good thing can be bad, and democracy is no exception. In the United States, the antidote to what the drafters of the Constitution called “the excess of democracy” is judicial review. Lately, however, judicial ...
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(Journal of Law & Education, 1994)During the 1992-1993 school year, more than 425,000 students from other countries were studying in the United States. In addition, hundreds of foreign nationals were in the United States as research scholars, visiting ...
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(Regulation, 1984)The environmental rationale for a detergent phosphate ban is straightforward enough. Phosphates are pollutants because, ironically enough, they are biodegradable. In fact, living things thrive on them. Excessive phosphate ...
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(Vanderbilt Law Review, 2014)Scholars have long lamented that the growth of modern finance has given way to a decline in debt governance. According to current theory, the expansive use of derivatives that enable lenders to trade away the default risk ...
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(The Public Interest, 1996)The cleanup of hazardous wastes is the number one environmental concern of the American people. The government's response: the Environmental Protection Agency (EPA) launched its Superfund program, which was established by ...
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Redistribution Through Discriminatory Taxes: A Contractarian Explanation of the Role of the Courts (George Mason Law Review, 1998)What role should courts serve regarding wealth redistribution through tax provisions? Perhaps they should base decisions on efficiency grounds, protecting society from the transactions costs and other wealth reductions ...
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(American Economic Review, 1985)There has been increasing interest in whether normative models of individual choice under uncertainty accord with actual behavior. These concerns have been much greater than in other economic contexts because of the ...
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(Mississippi Law Journal, 2013)In the history of the Supreme Court, William Rehnquist may have been the least friendly justice toward the view that the Fourth Amendment should be read expansively. Even he, however, might have interpreted the amendment ...
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(Emory International Law Review, 2010)The global financial crisis is forcing a thorough re-evaluation of the international regulatory architecture. The crisis has shown not only the cracks in regulatory oversight, but also a market operation that had long ...
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(Regulation, 1997)The 1990s have witnessed a blizzard of antismoking efforts. Hillary Clinton and a variety of supporters of the Clinton health care plan urged dramatically higher cigarette taxes to pay for expanded health insurance ...
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(The Chronicle of Higher Education, 1996)With the Supreme Court's latest rulings, redistricters can no longer pack minority voters into super-minority districts. The effect of those decisions thus may ulti mately be far more beneficial for minority group voters ...
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(Vanderbilt Law Review, 2012)Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges’ anger should influence their behavior and decision making. On the one hand, anger is the ...
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(The Green Bag Almanac & Reader, 2009)In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship (11 Green Bag 2d 19 (2007)) we began the study of the collaboration network in legal academia. We concluded that the central figure in the network ...
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(Vanderbilt Law Review, 2006)Over the last 40 years of one person, one vote jurisprudence, the Supreme Court has distilled a stable and predictable test for resolving the basic numerical issue in equal representation: how much population difference ...