Law School: Recent submissions

Now showing items 961-980 of 1363

    • Emotional Competence, "Rational Understanding," and the Criminal Defendant 
      Maroney, Terry A. (American Criminal Law Review, 2006)
      Adjudicative competence, more commonly referred to as competence to stand trial, is a highly under-theorized area of law. Though it is well established that, to be competent, a criminal defendant must have a "rational" as ...
    • State Adoption of Federal Law: Exploring the Limits of Florida's "Forced Linkage" Amendment 
      Slobogin, Christopher, 1951- (University of Florida Law Review, 1987)
      This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court ...
    • The Puzzle of State Constitutions 
      Rossi, Jim, 1965- (Buffalo Law Review, 2006)
      In a series of groundbreaking articles published over the past fifteen years, James Gardner has led the charge to make state constitutionalism a part of the constitutional law discussion more generally. His new book, ...
    • Insights from Cognitive Psychology 
      Guthrie, Chris (Journal of Legal Education, 2004)
      My goal in this paper is to explore cognitive psychology's place in the dispute resolution field. To do so, I first look back and then look forward. Looking back, I identify the five insights from cognitive psychology that ...
    • Private Religious Choice in German and American Constitutional Law: Government Funding and Government Religious Speech 
      Wuerth, Ingrid Brunk (Vanderbilt Journal of Transnational Law, 1998)
      The sharply contested religion cases from Germany in the late 1990s...point to problems with our growing reliance on private religious choice analysis that demand our attention in both government funding and speech cases. ...
    • The Battle Over Endangered Species Act Methodology 
      Ruhl, J. B. (Environmental Law, 2004)
      The substantive contours of the Endangered Species Act (ESA) have been largely worked out for quite some time. Starting in the mid-1990s, however, opponents of Fish and Wildlife Service and National Marine Fisheries Service ...
    • Speaking of Virtue: A Republican Approach to University Regulation of Hate Speech 
      Sherry, Suzanna (Minnesota Law Review, 1991)
      There is a disturbing new trend among American universities. Many universities, both public and private, are adopting regulations that punish what is commonly called '"hate speech." Hate speech is expression that is ...
    • The Endangered Species Act's Fall from Grace in the Supreme Court 
      Ruhl, J. B. (Harvard Environmental Law Review, 2012)
      Thirty-five years ago, the Endangered Species Act ("ESA") had as auspicious a debut in the U.S. Supreme Court as any statute could hope for. In Tennessee Valley Authority v. Hill, a majority of the Court proclaimed that ...
    • The Reviewability of the President's Statutory Powers 
      Stack, Kevin M. (Vanderbilt Law Review, 2009)
      This Article argues that longstanding doctrines that exclude judicial review of the determinations or findings the President makes as conditions for invoking statutory powers should be replaced. These doctrines are ...
    • Book Review: U.S. Energy and Environmental Interest Groups by Lettie Wenner 
      George, Tracey E., 1967- (Stanford Environmental Law Journal, 1992)
      Interest groups have played a dominant if not determinative role in the "greening of America." Thus, that Lettie Wenner, a political scientist who has devoted much of her career to studying environmental issues (The ...
    • Textualism and Judgment 
      Sherry, Suzanna (George Washington Law Review, 1998)
      Akhil Amar has written a provocative defense of textualism as a method of constitutional interpretation. In the book from which his essay is drawn, Professor Amar uses his textualist method to interpret the Bill of Rights ...
    • The President's Statutory Powers to Administer the Laws 
      Stack, Kevin M. (Columbia Law Review, 2006)
      When does a statute grant powers to the President as opposed to other officials? Prominent theories of presidential power argue or assume that any statute granting authority to an executive officer also implicitly confers ...
    • Reconceptualizing the Burden of Proof 
      Cheng, Edward K. (Yale Law Journal, 2013)
      The preponderance standard is conventionally described as an absolute probability threshold of 0.5. This Essay argues that this absolute characterization of the burden of proof is wrong. Rather than focusing on an absolute ...
    • Product and Occupational Liability 
      Viscusi, W. Kip (Journal of Economic Perspectives, 1991)
      Litigation over product liability has escalated because of shifting liability standards, and the role of workers' compensation has increased both because of the changing injury mix and the provision of more generous benefit ...
    • Redeeming Judicial Review: The Hard Look Doctrine and Federal Regulatory Efforts to Restructure the Electric Utility Industry 
      Rossi, Jim, 1965- (Wisconsin Law Review, 1994)
      Recent policy-effect studies denounce judicial review for its adverse effects on agency decisionmaking. In its strong version, the policy-effect thesis suggests that judicial review has paralized innovative agency ...
    • Corporations and the Market for Law 
      O'Connor, Erin O'Hara, 1965- (University of Illinois Law Review, 2008)
      The state competition for corporate law has long been studied as a distinct phenomenon. Under the traditional view, corporations are subject to a unique choice-of-law rule, the internal affairs doctrine (IAD). This rule ...
    • Silencing Nullification Advocacy Inside the Jury Room and Outside the Courtroom 
      King, Nancy J., 1958- (University of Chicago Law Review, 1998)
      Jurors in criminal cases occasionally "nullify" the law by acquitting defendants who they believe are guilty according to the instructions given to them in court. American juries have exercised this unreviewable nullification ...
    • Judicial Independence and the Ambiguity of Article III Protections 
      George, Tracey E., 1967- (Ohio State Law Journal, 2003)
      Is the federal judiciary truly an independent body? A quick glance at the Constitution would suggest the answer is yes. The Constitution provides for life tenure and a difficult removal process for federal judges that ...
    • "Batson" for the Bench? Regulating the Peremptory Challenge of Judges 
      King, Nancy J., 1958- (Chicago-Kent Law Review, 1998)
      The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be ...
    • The Dimension of the Supreme Court 
      Edelman, Paul H. (Constitutional Commentary, 2004)
      In a paper published in the Proceedings of the National Academy of Sciences, Lawrence Sirovich introduced two novel mathematical techniques to study patterns in recent Supreme Court decisions. One of these methods, information ...