Now showing items 184-203 of 1354

    • Newton, Michael, 1962- (Santa Clara Journal of International Law, 2010)
      The Rome Statute nowhere defines the term "complementarity, " but the plain text of Article 1 compels the conclusion that the International Criminal Court was intended to supplement the foundation of domestic punishment ...
    • Cheng, Edward K.; Bowerman, Brooke (Minnesota Law Review Headnotes, 2021)
      In Evidentiary Irony and the Incomplete Rule of Completeness, Professors Daniel Capra and Liesa Richter comprehensively catalog the many shortcomings in current Federal Rule of Evidence 106 and craft a compelling reform ...
    • Ruhl, J. B. (Duke Law Journal, 1996)
      This article is the first in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It builds the basic model of CAS and maps it onto legal systems, offering some suggestions ...
    • Serkin, Christopher; Tebbe, Nelson (Notre Dame Law Review, 2009)
      Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to ...
    • Serkin, Christopher (Fordham Urban Law Journal, 2011)
      This brief Essay, part of a Fordham Urban Law Journal Symposium on eminent domain in New York, argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond ...
    • Clayton, Ellen W.; Smith, Maureen E.; Sanderson, Saskia C.; Et al. (BMC Medical Research Methodology, 2016)
      As biobanks play an increasing role in the genomic research that will lead to precision medicine, input from diverse and large populations of patients in a variety of health care settings will be important in order to ...
    • Cheng, Edward K. (Fordham Law Review, 2020)
      First, we like you, reject the purported divide between a legal academy and law practice observed and bemoaned by prominent American jurists like Judges Harry Edwards and Richard Posner. Elite academics like those in this ...
    • Sherry, Suzanna (Green Bag 3d, 2017)
      Confidentiality in the tenure review process.
    • Haley, John Owen (Washington University Law Review, 2011)
      Judges in Japan share the prevailing communitarian orientation of their society, an orientation that rejects Manichean choices and moral or "scientific" absolutes, but instead relies on their collective and individual ...
    • Stack, Kevin M. (The Yale Law Journal, 2007)
      The Supreme Court regularly upholds federal legislation on grounds other than those stated by Congress. Likewise, an appellate court may affirm a lower court judgment even if the lower court's opinion expressed the wrong ...
    • Rossi, Jim, 1965- (Marquette Law Review, 2007)
      In this Essay, I address the question of which branch of state government ought to have the authority to negotiate interstate compacts - a question of state separation of powers. Recent case law interpreting state constitutions ...
    • Stack, Kevin M. (Cornell Law Review, 2017)
      Christopher Serkin and Nelson Tebbe take an inductive and empirical approach to constitutional interpretation and elaboration. They ask whether attributes of the Constitution justify interpretive exceptionalism--that is, ...
    • Cheng, Edward K. (Harvard Law Review, 2001)
      This Note has examined the consequences of a shift in the equal protection context - a move from a traditional particularized harm perspective to a constitutional risk perspective focused on systemic harms. It has also ...
    • Fitzpatrick, Brian T. (Virginia Law Review, 2012)
      Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal ...
    • McKanders, Karla Mari (University of Arkansas at Little Rock Law Review, 2009)
      Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal ...
    • Rossi, Jim; Wiseman, Hannah J. (Duke Law Journal, 2018)
      In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) ...
    • Moran, Beverly I. (Northern Illinois University Law Review, 2005)
      "Dred Scott v. Sanford", "Plessy v. Ferguson", "Brown v. Board of Education" and "Grutter v. Bollinger" all demonstrate that law alone is not enough to make social change. Instead, lawyers interested in social change must ...
    • Viscusi, W. Kip (Duke Law Journal, 1998)
      Professor W. Kip Viscusi argues for a move away from the adversarial approach to tobacco regulation, an approach that is currently embodied in class action lawsuits and the proposed broadening of FDA regulatory power over ...
    • Viscusi, W. Kip (Journal of Law and Economics, 1985)
      A recurring issue in the economic analysis of risk regulation agencies is whether these efforts have had any significant favorable effect on safety. Although the existence of such an effect would not necessarily imply that ...
    • Skiba, Paige Marta; Xiao, Jean (Law and Contemporary Problems, 2017)
      This article provides a side-by-side comparison of payday lending and consumer litigation funding in order to aid policymakers. Funding has similarities with payday lending because they are both alternative financial ...