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Now showing items 1221-1230 of 1353
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 ...
Do Appraisal Challenges Benefit Target Shareholders through Narrowing Arbitrage Spread? A Reply
(Journal of Law & Economics, 2020)
The emergence of appraisal arbitrage as an investment strategy has focused attention on the role of judicial appraisal in mergers and acquisitions deals. Our study-Boone, Broughman, and Macias (2019)-contributes to this ...
Evolving Equality: The Development of the International Defense Bar
(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 ...
Exceptional Engagement: Protocol I and a World United Against Terrorism
(Texas International Law Journal, 2009)
This article challenges the prevailing view that U.S. "exceptionalism" provides the
strongest narrative for the U.S. rejection of Additional Protocol I to the 1949 Geneva
Conventions. The United States chose not to adopt ...
The Wicked Problem of Zoning
(Vanderbilt Law Review, 2020)
Zoning is the quintessential wicked problem. Professors Rittel and Webber, writing in the 1970s, identified as "wicked" those problems that technocratic expertise cannot necessarily solve.' Wicked problems arise when the ...
Deconstructing Invisible Walls: Sotomayor's Dissents in Era of Immigration Exceptionalism
(William & Mary Journal of Race, Gender, & Social Justice, 2020)
Since 2017, the U.S. Supreme Court has granted certiorari and considered twenty immigration cases.2 In 2019, the Supreme Court issued eight decisions focusing on immigration. There are many different theories accounting ...
Cutting Class Action Agency Costs: Lessons from the Public Company
(University of California at Davis Law Review, 2020)
The agency relationship between class counsel and class members in Rule 23(b)(3) class actions is similar to that between executives and shareholders in U.S. public companies. This similarity has often been noted in class ...
Direct-to-Consumer Genetic Testing: Prospective Users' Attitudes Toward Information About Ancestry and Biological Relationships
(PLoS One, 2021)
Direct-to-consumer genetic testing is marketed as a tool to uncover ancestry and kin. Recent studies of actual and potential users have demonstrated that individuals’ responses to the use of these tests for these purposes ...
Direct-to-Consumer Genetic Testing: Prospective Users' Attitudes Toward Information About Ancestry and Biological Relationships
(PLoS One, 2021)
Direct-to-consumer genetic testing is marketed as a tool to uncover ancestry and kin. Recent studies of actual and potential users have demonstrated that individuals’ responses to the use of these tests for these purposes ...