Browsing Law School by Title
Now showing items 412-431 of 1362
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(Columbia Law Review, 2021)This Article shows that Treasury market structure is fragile, weakened by a regulatory model poorly suited to match its design. First, public oversight of Treasuries is fragmented, divided between five or more agencies. ...
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(Michigan Journal of Gender & Law, 2008)Informed consent is a common law concept rooted in the idea that "[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body."' Its aim is to ensure that each patient ...
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(Notre Dame Law Review, 2009)Recent scientific findings about the developing teen brain have both captured public attention and begun to percolate through legal theory and practice. Indeed, many believe that developmental neuroscience contributed to ...
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(Notre Dame Law Review, 2000)This essay responds to claims that the "new" nondelegation doctrine, applied by D.C. Circuit Judge Stephen Williams in "American Trucking Association, Inc. v. EPA", 175 F.3d 1027 (D.C. Cir. 1999), advances the rule of law. ...
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(Texas Law Review, 1999)In recent years, a number of observers of American politics, law, and society have decried what seem to be fundamental shifts in the structure and function of the family. According to some, these shifts, perhaps reinforced ...
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(Washington University Journal of Law & Policy, 2002)Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.
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(Choices, 2008)Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.
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(Ecology Law Quarterly, 2000)Farms are one of the last uncharted frontiers of environmental regulation in the United States. Despite the substantial environmental harms they cause-habitat loss and degradation, soil erosion and sedimentation, water ...
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(William & Mary Law Review, 2018)Although regulatory agencies place high values on the benefits associated with the reduction in mortality risks due to regulations, these same agencies substantially undervalue lives in their enforcement efforts. The ...
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(William & Mary Law Review, 2018)While regulatory agencies place high values on the benefits associated with the reduction in mortality risks due to regulations, these same agencies substantially undervalue lives in their enforcement efforts. The disparity ...
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Father and Mother Know Best: Defining the Liability of Physicians for Inadequate Genetic Counseling (Yale Law Journal, 1978)Although genetic disorders have been recognized for centuries, recent advances in the study of human genetics often permit accurate determination of the risk that parents will have genetically defective children.' When ...
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(George Washington Law Review, 2021)We are entering a new monetary era. Central banks around the world--spurred by the development of privately controlled digital currencies as well as competition from other central banks-have been studying, building, and, ...
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(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 ...
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(Saint Louis University Law Journal, 2003)We applaud Professor Merrill's bold and noteworthy effort to engage in a dialogue with political scientists who study the Supreme Court. He navigates a substantial body of social science scholarship largely ignored by legal ...
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(Saint Louis University Law Journal, 2003)Like Congress, the Supreme Court must delegate a great deal of its work, in this case to lower courts rather than to agencies. Since the Supreme Court is formally at the apex of the judicial pyramid, the Court's decisions ...
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(Harvard Law School Petrie Flom Center: Bill of Health Blog, 2020-10-22)The federal government recently used preemption unlawfully to prevent state public health efforts to protect vulnerable people from COVID-19. As 1,000 current and former CDC epidemiologists noted in an open letter, the ...
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(North Carolina Law Review, 2013)Federal policies regarding renewable and clean energy often lack clear definition, are incomplete, and are scattered across multiple statutes and agencies. Yet at the same time, recent decisions of both federal agencies ...
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(Wake Forest Journal of Law & Policy, 2013)Recently, immigration scholars have focused on the relationship between federal, state, and local governments in regulating immigration to the exclusion of civil rights issues. States and localities assert that they should ...
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(California Law Review, 2007)This article examines how one particular state institution, state attorneys general (SAGs), has operated within a unique set of institutional and political constraints to create state-based regulation with nationwide impact ...
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(American Journal of Legal History, 2016)One of the most remarked-upon events of the recent past is the August 2014 death of a black teenager, Michael Brown, at the hands of a white police officer, Darren Wilson, in Ferguson, Missouri. Attention initially focused ...