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  • Stack, Kevin M.; Vandenbergh, Michael P. (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 ...
  • Sharfstein, Daniel (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. ...
  • 4°C 
    Ruhl, J.B.; Craig, Robin K. (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 ...
  • Rubin, Edward (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 ...
  • Ricks, Morgan; Menand, Lev (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 ...
  • Meyer, Timothy (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 ...
  • Clayton, Ellen W.; Hazel, J.W.; et, al. (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 ...
  • Edelman, Paul H.; Cheng, Edward K.; Fitzpatrick, Brian T. (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 ...
  • Clayton, Ellen W.; Hazel, James W.; et al. (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 ...
  • Serkin, Christopher (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 ...
  • Cosens, Barbara A.; Ruhl, J.B.; Soininen, Niko; Gunderson, Lance (2020)
    This Article contributes to the development of adaptive governance theory by articulating and situating the role of formal law and government as the facilitator, but not central controller, of adaptive governance. To advance ...
  • Ruhl, J.B.; Salzman, James (Vanderbilt Law Review, 2020)
    "Wicked problems." It just says it all. Persistent social problems--poverty, food insecurity, climate change, drug addiction, pollution, and the list goes on--seem aptly condemned as wicked. But what makes them wicked, and ...
  • Ruhl, J.B.; Salzman, James (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 ...
  • Rose, Amanda M. (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 ...
  • McKanders, Karla (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 ...
  • Jones, Owen D.; Montague, Read; Yaffe, Gideon (University of Pennsylvania Law Review, 2020)
    Mental states matter. Consequently, we and colleagues designed and executed a brain-imaging experiment attempting to detect-for the first time-differences between mental states relevant to criminal law. Imagine you've just ...
  • Jones, Owen D. (University of Pennsylvania Law Review, 2020)
    Mental states matter. Consequently, we and colleagues designed and executed a brain-imaging experiment attempting to detect-for the first time-differences between mental states relevant to criminal law. Imagine you've just ...
  • Fitzpatrick, Brian T. (Fordham Law Review, 2020)
    In Part I of this Essay, I describe the problem of objector blackmail, why prohibiting side payments to objectors would be the best way to screen blackmail-minded objections from other objections, and why I did not think ...
  • Ruhl, J. B. (Vanderbilt Law Review, 2015)
    Under the fee tail arrangement at work in Downton Abbey, known as a fee tail male, possession of the property passes from the first grantee of the entailed estate, who (of course) is a male, to his lineal male heirs. ...
  • Newton, Michael A. (Transnational Law and Contemporary Problems, 2008)
    Saddam Hussein al-Tikriti died at the hands of Iraqi officials at dawn on December 30, 2006, following a tumultuous fourteen month trial3 for crimes committed against the citizens of a relatively obscure Iraqi village known ...

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