Law School: Recent submissions

Now showing items 81-100 of 1363

    • Sharkfests and Databases 
      King, Nancy J.; Levine, Kay L.; Wright, Ronald F.; Miller, Marc L. (Texas A&M Law Review, 2019)
      The stock image of a plea negotiation in a criminal case depicts two lawyers in frayed business suits, meeting one-on-one in a dim corner of a courtroom lobby. The defendant is somewhere nearby, ready to receive information ...
    • Statutory Interpretation from the Inside--An Empirical Study of Congressional Drafting, Delegation, and the Canons: Part 2 
      Bressman, Lisa Schultz; Gluck, Abbe R. (Stanford Law Review, 2014-04)
      This is the second of two Articles relaying the results of the most extensive survey to date of 137 congressional drafters about the doctrines of statutory interpretation and administrative delegation. The first Article ...
    • The Commensurability Myth in Antitrust 
      Allensworth, Rebecca Hall (Vanderbilt Law Review, 2016-01)
      Modern antitrust law pursues a seemingly unitary goal: competition. In fact, competition—whether defined as a process or as a set of outcomes associated with competitive markets—is multifaceted. What are offered in antitrust ...
    • FERC v. EPSA and Adjacent State Regulation of Customer Energy Resources 
      Rossi, Jim; Wellinghoff, Jon (Harvard Environmental Law Review, 2016)
      This Essay explores the implications of the U.S. Supreme Court's decision in FERC .v. EPSA for state regulation of customer energy resource initiatives, such as net metering policies for rooftop solar and energy storage ...
    • The Iraqi Special Tribunal: A Human Rights Perspective 
      Newton, Michael A. (Cornell International Law Journal, 2005)
      The creation of the Iraqi Special Tribunal in December 2003 by Iraqi authorities who were at the time under the legal occupation of the Coalition Provisional Authority marked the emergence of a new form of internationalized ...
    • Evolving Equality: The Development of the International Defense Bar 
      Newton, Michael A. (Stanford Journal of International Law, 2011)
      Defense counsel in international criminal proceedings face difficult challenges that are intrinsic to the modern system of internationalized accountability; yet their professionalism and performance represent perhaps the ...
    • Back to the Future: Reflections on the Advent of Autonomous Weapons Systems 
      Newton, Michael A. (Case Western Reserve Journal of International Law, 2015)
      This essay refocuses the debate over autonomous weapons systems to consider the potentially salutary effects of the evolving technology. Law does not exist in a vacuum and cannot evolve in the abstract. Jus in bello norms ...
    • Brain Imaging for Legal Thinkers: A Guide for the Perplexed 
      Jones, Owen D.; Buckholtz, Joshua W.; Schall, Jeffrey D.; Marois, Rene (Stanford Technology Law Review, 2009)
      It has become increasingly common for brain images to be proffered as evidence in criminal and civil litigation. This Article - the collaborative product of scholars in law and neuroscience - provides three things. First, ...
    • The Landscape of Collective Management Schemes 
      Gervais, Daniel J. (Columbia Journal of Law & the Arts, 2011)
      I see a bright future for collective management as a model. Each country and each CMO will be different and United States CMOs will likely have fewer collectivized elements than their foreign counterparts. But beyond those ...
    • Inferring Desire 
      Clarke, Jessica A. (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 ...
    • Deregulation and Private Enforcement 
      Fitzpatrick, Brian T. (Lewis & Clark Law Review, 2020)
      Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, ...
    • Do Founders Control Start-up Firms that Go Public? 
      Broughman, Brian (Harvard Business Law Review, 2020)
      Black & Gilson (1998) argue that an IPO-welcoming stock market stimulates venture deals by enabling VCs to give founders a valuable "call option on control." We study 18,000 startups to investigate the value of this option. ...
    • What "Seila Law" Says About Chief Justice Roberts' View of the Administrative State 
      Bressman, Lisa S. (University of Chicago Law Review Online, 2020)
      In Sella Law LLC .. Consumer Financial Protection Board, the Supreme Court invalidated a statutory provision that protected the director of the Consumer Finance Protection Board (CFPB) from removal by the president except ...
    • The Failed Regulation of U.S. Treasury Markets 
      Yadav, Yesha (Columbia Law Review, 2021)
      This Article shows that Treasury market structure is fragile, weakened by a regulatory model poorly suited to match its design. First, public oversight of Treasuries is fragmented, divided between five or more agencies. ...
    • A Regulatory Policy Strategy for Protecting Immigrant Workers 
      Viscusi, W. Kip; Marquiss, Nick (Seton Hall Law Review, 2021)
      Immigration has become a focal point of many political campaigns, most notably that of President Trump in 2016 and again in 2020. Populist rhetoric also decries immigrant workers for taking Americans' jobs and depressing ...
    • Damages to Deter Police Shootings 
      Viscusi, W. Kip; Jeffrey, Scott (University of Illinois Law Review, 2021)
      Many fatal shootings by police are not warranted. These shootings impose losses on the victims and their families and reflect the failure of existing administrative and legal restraints to deter these unwarranted shootings. ...
    • The Derivative Nature of Corporate Constitutional Rights 
      Blair, Margaret M.; Pollman, Elizabeth (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 ...
    • The Myth of the Condorcet Winner 
      Edelman, Paul H. (Supreme Court Economic Review, 2015)
      There is consensus among legal scholars that, when choosing among multiple alternatives, the Condorcet winner, should it exist, is the preferred option. In this essay I will refute that claim, both normatively and positively. ...
    • What Should the Law Say About Disclosure of Genetic Information to Relatives? 
      Clayton, Ellen Wright (Journal of Health Care Law and Policy, 1998-01-01)
      When a person is diagnosed with a genetic disease or characteristic, his or her relatives are more likely than others in the general population to be similarly affected. This fact raises a host of questions. What should ...
    • Patient Awareness and Approval for an Opt-Out Genomic Biorepository 
      Clayton, Ellen Wright; Brothers, Kyle B.; Westbrook, Matthew J.; Wright, M. Frances; Myers, John A.; Morrison, Daniel R.; Madison, Jennifer L.; Pulley, Jill M. (Personalized Medicine, 2013)
      Aim: In this study, we sought to assess patient awareness and perceptions of an opt-out biorepository. Materials & methods: We conducted exit interviews with adult patients and parents of pediatric patients having their ...