Browsing Law School by Title
Now showing items 1026-1045 of 1363
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(DePaul Law Review, 2007)Consider what plea bargains would be like if legal rules were taken more seriously than they currently are. A court would recognize a defendant's willingness to be convicted of an offense only when certain conditions were ...
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(University of Chicago Law Review, 1996)Since the 1970s, there has been a tremendous growth in government regulation pertaining to risk and the environment. These efforts have emerged quite legitimately because market processes alone cannot fully address ...
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(Duke Law Journal, 2021)We live in an era of widening geographic inequality. Around the country, the spread between economically and culturally thriving places and those that are struggling has been increasing. "Superstar" cities like New York, ...
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(Minnesota Journal of Law, Science & Technology, 2005)Today's voluminous literature on adaptive management traces its roots to Professor C.S. Holling's seminal work, Adaptive Environmental Assessment and Management. Although almost thirty years have passed since he and his ...
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(Minnesota Law Review, 2011)Administrative agencies have long proceeded on the assumption that individuals respond to regulations in ways that are consistent with traditional rational actor theory, but that is beginning to change. Agencies are now ...
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(Houston Law Review, 2010)In this Essay, I explain why and how certain technologies I refer to as "inchoate" defeat regulatory interventions. I examine the "law" of unintended consequences and the role of regulatory ideologies. I suggest that ...
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(Washington & Lee Law Review, 2012)Since payday lenders came on the scene in 1990s, regulation of their ')redatory" practices has been swift and often severe. Fourteen states now ban payday loans outright. From an economist's perspective, high-interest, ...
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(University of Chicago Law Review, 2009)Any symposium on private-equity firms and the going private phenomenon would be incomplete without discussion of Sovereign Wealth Funds (SWFs). These government owned investment vehicles have and will continue to play an ...
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(Vanderbilt Law Review, 2012)This article proposes a unified regulatory approach to the issuance of “money-claims” – a generic term that refers to fixed-principal, very short-term IOUs, excluding trade credit. The instability of this market is arguably ...
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(Law & Contemporary Problems, 1987)The automobile bumper standard issued by the National Highway Traffic Safety Administration (NHTSA) in 1982 was the product of a decade of policy debate.' This debate continued in the courts until ultimately the NHTSA ...
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(Vanderbilt Law Review, 2015)Exit is a ubiquitous feature of life, whether breaking up in a marriage, dropping a college course, or pulling out of a venture capital investment. In fact, our exit options often determine whether and how we enter in the ...
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(Seton Hall Law Review, 2021)Immigration has become a focal point of many political campaigns, most notably that of President Trump in 2016 and again in 2020. Populist rhetoric also decries immigrant workers for taking Americans' jobs and depressing ...
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(Wyoming Law Review, 2002)Notwithstanding the tremendous amount of attention environmental agencies, policy analysts, and scholars have paid to "regulatory reinvention," it has been pitched primarily as a refinement of the sanction and facilitation ...
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(Mississippi Law Journal, 2013)In the history of the Supreme Court, William Rehnquist may have been the least friendly justice toward the view that the Fourth Amendment should be read expansively. Even he, however, might have interpreted the amendment ...
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(Chicago Journal of International Law, 2010)The Doha Development Agenda (Doha Round) of multilateral trade negotiations at the World Trade Organization (WTO) may fail unless a solution to the establishment of a multilateral register for geographical indications on ...
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(Notre Dame Law Review, 2017)It is axiomatic that once an invention has been patented, it cannot be patented again. This aligns with the quid pro quo theory of patents — the public would receive nothing new in exchange for the second patent. Enforcing ...
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(1998)In 1995, Judge Richard Posner ruled that the state of Illinois could not celebrate Good Friday as a statewide holiday for the public schools.' Closing all Illinois public schools on Good Friday, Posner declared, violated ...
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(Duke Law Journal, 2009)We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decision making, and retaining an en banc procedure ...
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(Duke Law Journal, 2009)We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decision making, and retaining an en banc procedure ...
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(Texas Law Review, 1988)Amy Gutmann's Democratic Education might equally well be entitled Republican Education, for its central theme is how to produce true republican citizens-citizens who possess both the ability and the motivation to participate ...