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Now showing items 1231-1240 of 1353
Federal Corporate Law and the Business of Banking
(University of Chicago Law Review, 2021)
The only profit-seeking business enterprises chartered by a federal government agency are banks. Yet there is barely any scholarship justifying this exception to state primacy in U.S. corporate law.
This Article addresses ...
How to Treat the WTO's Problem with Precedent
(Vanderbilt Journal of Transnational Law, 2021)
This Article argues that the World Trade Organization's Appellate Body (AB), or a successor body, must become more transparent in justifying its decision to rely (or not) on prior decisions. The AB's practice of precedent-which ...
Brown, Massive Resistance, and the Lawyer's View: A Nashville Story
(Vanderbilt Law Review, 2021)
Every grassroots story complicates what we already know, and the history of Cecil Sims and his world stands out in at least two important ways. First, Sims's work on issues relating to segregated education predates Brown. ...
Extending Democracy
(The University of Pacific Law Review, 2021)
This article proposes a different rationale for corporate democracy, one that extends more broadly to all forms of employment. It is based on an equivalence, not an analogy. The equivalence is that subordination feels ...
4°C
(Minnesota Law Review, 2021)
In March 2020, while the world's attention was focused on the coronavirus pandemic, an international team of eighty-nine polar scientists from fifty organizations reported that Greenland and Antarctica are losing ice six ...
Distributing Attorney Fees in Multidistrict Litigation
(Journal of Legal Analysis, 2021)
As consolidated multidistrict litigation has come to dominate the federal civil docket, the problem of how to divide attorney fees among participating firms has become the source of frequent and protracted litigation. For ...
A Global Assessment of the Law and Policy of Ecosystem Services
(University of Queensland Law Journal, 2020)
This article assesses the approaches that different national governments have employed to provide and conserve ecosystem services, focusing on policy instruments and common-law court decisions. Applying the lessons learned ...
Oversight Riders
(Notre Dame Law Review, 2021)
Congress has a constitutionally critical duty to gather information about how the executive branch implements the powers Congress has granted it and the funds Congress has appropriated. Yet in recent years the executive ...
The Role of Private Environmental Governance in Climate Adaptation
(Frontiers Climate, 2021-09-10)
This Article examines the role of private environmental governance (PEG) in climate change adaptation. PEG occurs when private organizations perform traditionally governmental functions such as providing public goods and ...
Judicial Temperament, Explained
(Judicature, 2021)
Judicial temperament is something we think all judges must have: We assess it at all critical junctures of a judge’s career. At the same time, judicial temperament is something no one can quite put a finger on. Most often, ...