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Now showing items 171-180 of 196
The Private Life of Public Law
(Columbia Law Review, 2005)
This Article proposes a new conception of the administrative regulatory state that accounts for the vast networks of private agreements that shadow public regulations. The traditional account of the administrative state ...
The Enacted Purposes Canon
(Iowa Law Review, 2019)
This Article argues that the principle relied upon in King v. Burwell that courts "cannot interpret statutes to negate their stated purposes"-the enacted purposes canon-is and should be viewed as a bedrock element of ...
Empirically Investigating Judicial Emotion
(Onati Socio-Legal Series, 2019)
The empirical study of judicial emotion has enormous but largely untapped potential to illuminate a previously underexplored aspect of judging, its processes, outputs, and impacts. After defining judicial emotion, this ...
The Carbon-Neutral Individual
(New York University Law Review, 2007)
Reducing the risk of catastrophic climate change will require leveling off greenhouse gas emissions over the short term and reducing emissions by an estimated sixty to eighty percent over the long term. To achieve these ...
The Future of the Federal Common Law of Foreign Relations
(Georgetown Law Journal, 2018)
The federal common law of foreign relations has been in decline for decades. The field was built in part on the claim that customary international law is federal common law and in part on the claim that federal judges ...
The (Limited) Constitutional Right to Compete in an Occupation
(William & Mary Law Review, 2019)
Is there a constitutional right to compete in an occupation? The “right to earn a living” movement, gaining steam in policy circles and winning some battles in the lower courts, says so. Advocates for this right say that ...
Locating the International Interest in Intranational Cultural Property Disputes
(Yale Journal of International Law, 2010)
This Article considers the extent to which there may be an international interest in how intranational disputes over cultural property are settled. Drawing on the norms underlying recent global scrutiny of states’ destruction ...
Plain Packaging and the Interpretation of the Tripps Agreement
(Vanderbilt Journal of Transnational Law, 2013)
Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose ...
Taking Antitrust Away from the Courts
(Great Democracy Initiative, 2018)
A small number of firms hold significant market power in a wide variety of sectors of the economy, leading commentators across the political spectrum to call for a reinvigoration of antitrust enforcement. But the antitrust ...
Pawnshops, Behavioral Economics, and Self-Regulation
(Review of Banking & Financial Law, 2012)
Pawnbroking is the oldest source of credit. There is growing public interest in day-to-day pawnbroking operations, as evidenced by the popularity of reality shows such as “Pawn Stars” and “Hardcore Pawn.” Television viewers’ ...