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Now showing items 1341-1350 of 1353
(What We Talk About When We Talk About) Judicial Temperament
(Boston College Law Review, 2020)
Judicial temperament is simultaneously the thing we think all judges must have and the thing that no one can quite put a finger on. Extant accounts are scattered and thin, and either present a laundry list of desirable ...
Deadly Delay: The FDA's Role in America's COVID-Testing Debacle
(Yale Law Journal Forum, 2020)
In response to the COVID-19 pandemic, the U.S. Food and Drug Administration (FDA) published a series of 2020 guidance documents on how to seek Emergency Use Authorizations (EUAs) for new SARS-CoV-2 tests. These guidance ...
The Gap-Filling Role of Private Environmental Governance
(Virginia Environmental Law Journal, 2020)
Private environmental governance provides new tools that can fill gaps in government regulatory regimes. The Tennessee Valley Authority (TVA) is a valuable case study for testing the efficacy of private environmental ...
Proposed Reforms to Texas Judicial Selection: Panelist Remarks
(Texas Review of Law and Politics, 2019)
I am going to set the stage by providing a little background about the various methods that States around the country use to
select their judges. I am also going to remind us of many of the considerations that we like to ...
Unraveling "Williams v. Illinois"
(New York University Law Review Online, 2020)
This Essay addresses one of the key evidentiary problems facing courts today: the treatment of forensic reports under the Confrontation Clause. Forensics are a staple of modern criminal trials, yet what restrictions the ...
Deal Breakage in Domestic and Cross-Border Mergers and Acquisitions: New Data and Avenues for Research
(Vanderbilt Journal of Transnational Law, 2020)
This Article presents a newly constructed mergers and acquisitions (M&A) data set that can support detailed analysis of deal outcomes, including deal breakage. The main novelty of the data set is a detailed classification ...
Why Class Actions Are Something both Liberals and Conservatives Can Love
(Vanderbilt Law Review, 2020)
In Professor Redish's review of my new book, The Conservative Case for Class Actions, he argues that liberals should oppose the class action because the cy pres doctrine used to distribute settlement money is democratically ...
Proposed Reforms to Texas Judicial Selection: Panelist Remarks
(Lewis & Clark Law Review, 2020)
Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, ...
Chevron is a Phoenix
(Vanderbilt Law Review, 2021)
Judicial deference to agency interpretations of their own statutes is a foundational principle of the administrative state. It recognizes that Congress has the need and desire to delegate the details of regulatory policy ...
Damages to Deter Police Shootings
(University of Illinois Law Review, 2021)
Many fatal shootings by police are not warranted. These shootings impose losses on the victims and their families and reflect the failure of existing administrative and legal restraints to deter these unwarranted shootings. ...