Law School: Recent submissions
Now showing items 921-940 of 1363
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(Pace Environmental Law Review, 2007)This article, fourth in a five-part dialogue appearing in the Pace ELR, further responds to Professor Bruce Pardy's critique of ecosystem management. I defend ecosystem management, arguing it does not involve the standardless, ...
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(Tulane Law Review, 2008)Developments in European choice of law seem to offer the United States a tantalizing opportunity for escape from the chaos of state-by-state choice-of-law rules. Specifically, the Rome Regulations provide the sort of uniform ...
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(Cardozo Law Review, 2011)Separation of powers has a new endeavor. The PCAOB decision makes the validity of good-cause removal protections depend on the separation of adjudicative from policymaking and enforcement functions within the agency. At a ...
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(Environmental Law, 2010)The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation ...
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(Notre Dame Law Review, 2012)In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court reinterpreted the Federal Rules of Civil Procedure to permit judges to dismiss claims at the very outset of a case whenever they think the claims ...
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(Constitutional Commentary, 2010)You can't judge a President by his view of Article II. At the very least, only looking to a President's construction of Article II gives a misleading portrait of the actual legal authority recent Presidents have asserted. ...
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(The Review of Economics and Statistics, 1978)DAM Smith (1937) observed that "the whole of the advantages and disadvantages of the different employments of labor and stock must, in the same neighborhood, be either perfectly equal or continually tending to equality." ...
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(Cardozo Law Review, 2011)Constitutional interpretation, and thus constitutional doctrine, is inevitably controversial. Judges, scholars, lawyers, politicians, and the American public all disagree among themselves, not only about the correct ...
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(DePaul Law Review, 2005)This symposium article, the first of two on regulation of government's efforts to obtain paper and digital records of our activities, analyzes the constitutional legitimacy of subpoenas. Whether issued by a grand jury or ...
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(Washington University Law Review, 2006)The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain ...
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(New York Law School Law Review, 2011)Legal educators have long viewed experiential courses involving real lawyering as a world divided neatly in two: externship placements and in-house clinics. This article suggests that despite the decades-old vintage of ...
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(Stanford Law Review, 2000)Balancing of risk and cost lies at the heart of standard negligence tests and policy analysis approaches to government regulation. Notwithstanding the desirability of using a benefit-cost approach to assess the merits of ...
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(University of Chicago Law Review, 1996)Since the 1970s, there has been a tremendous growth in government regulation pertaining to risk and the environment. These efforts have emerged quite legitimately because market processes alone cannot fully address ...
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(Green Bag 2D, 2002)Everyone is picking on the Supreme Court these days. To be sure, some of the criticism is warranted: the Court has butchered history - to say nothing of constitutional text - in its attempt to interpret the Eleventh ...
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(American Economic Review: Papers and Proceedings, 2006)It is commonly assumed that lighter skinned African Americans receive preferential treatment over darker skinned counterparts. Using individual data from three sources, this paper examines the influence of skin tone on ...
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(The American Economic Review, 1995)This paper examines the effect of workers' compensation on time out of work. It introduces a "natural experiment" approach of comparing individuals injured before and after increases in the maximum weekly benefit amount. ...
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(Wake Forest Law Review, 2000)Over the past decade, executive compensation has become a controversial topic. Increasingly, corporate boards of directors are confronted by angry shareholder groups over the size and composition of executive pay packages. ...
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(Vanderbilt Law Review, 1993)Incumbent management has long enjoyed broad discretion in its use of Rights Plans in proxy contests and joint offers. Legal scholars have accepted the justifications for permitting incumbents such latitude with little ...
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(Journal of Legal Education, 2002)Clinical scholarship is currently developing an analysis of the practice of law that explores the lawyer's role in building a case from the infinite universe of facts.' Clinical legal education has traditionally focused ...
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(Northwestern University Law Review, 2001)As Robert Bennett's article illustrates, the "counter-majoritarian difficulty" remains--some forty years after its christening--a central theme in constitutional scholarship. [See Robert W. Bennett, "Counter-Conversationalism ...