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Contorting Common Article 3
(Georgia Journal of International & Comparative Law, 2017)
This short Essay describes the circularity of support between the ICRC and the Pre-Trial Chambers of the ICC. Its successive sections describe the problematic potential of extending the substantive coverage of Common
Article ...
The New Politics of New Property and the Takings Clause
(Vermont Law Review, 2017)
This Essay offers a broad gloss on the traditional politics of property protection and then catalogues a number of ways in which those politics have been changing. In many cases, the account is of fragmentation and
fracture ...
Better Bounty Hunting
(Northwestern University Law Review, 2014)
The SEC’s new whistleblower bounty program has provoked significant controversy. That controversy has centered on the failure of the implementing rules to make internal reporting through corporate compliance departments a ...
The Ideological Consequences of Selection: A Nationwide Study of the Methods of Selecting Judges
(Vanderbilt Law Review, 2017)
One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to ...
Entrenching Environmentalism
(University of Chicago Law Review, 2010)
This piece for the University of Chicago Law Review Symposium: Reassessing the State and Local Government Toolkit, examines how local governments can use private law mechanisms to entrench policy in ways that circumvent ...
Something to Talk About: Information Exchange Under Employment Law
(University of Pennsylvania Law Review, 2016)
To avoid the appearance of sex discrimination that would violate Title VII of the Civil Rights Act, both Equal Employment Opportunity Commission (EEOC) guidance and a common misunderstanding of the law have resulted in ...
Transforming (perceived) Rigidity in Environmental Law Through Adaptive Governance
(Ecology and Society, 2017)
The Endangered Species Act (ESA) is often portrayed as a major source of instability and crisis in river basins of the U. S. West, where the needs of listed fish species frequently clash with agriculture dependent on federal ...
Intersectional Complications of Healthism
(Marquette Benefits & Social Welfare Review, 2017)
For Americans in the labor market with health conditions that fall outside the scope of the ADA, the rehabilitation Act, and GINA, antihealthism legislation, like the kind proposed by Roberts and Leonard, 9would unquestionably ...
Introduction: Is the Supreme Court Failing at Its Job, or Are We Failing at Ours?
(Vanderbilt Law Review, 2016)
It is a pleasure and a privilege to write an introduction to this Symposium celebrating Dean Erwin Chemerinsky's important new book, The Case Against the Supreme Court. Chemerinsky is one of the leading constitutional ...
Honest Copying Practices
(Notre Dame Law Review, 2017)
One of intellectual property theory’s operating assumptions is that creating is hard while copying is easy. But it is not always so. Copies, though outwardly identical, can come from different processes, from cheap digital ...