Now showing items 486-505 of 1354

    • Meyer, Timothy (Duke Journal of Comparative & International Law, 2012)
      Scholars and commentators have long argued that issue linkages provide a way to increase cooperation on global public goods by increasing participation in global institutions, building consensus, and deterring free-riding. ...
    • Thomas, Randall S., 1955-; Cheffins, Brian R. (Berkeley Business Law Journal, 2004)
      In the United States, the remuneration packages of top executives are characterized by a strong emphasis on pay-for-performance and by a highly lucrative "upside." There is much discussion of the possibility that executive ...
    • Gervais, Daniel J. (Vanderbilt Law Review, 2011)
      One of the central issues in the Golan v. Holder litigation is the extent to which the United States had flexibility to tailor the protection of existing works that had fallen in the public domain when it joined the Berne ...
    • Newbern, Alistair E. (California Law Review, 2000)
      The Supreme Court's recent decisions in United States v. Lopez and United States v. Morrison articulate a vision of federalism under which Congress's regulatory authority under the Commerce Clause is severely limited in ...
    • Vandenbergh, Michael P.; Rossi, Jim (Vanderbilt Law Review, 2012)
      This Article examines a principal barrier to reducing U.S. carbon emissions — electricity distributors’ financial incentives to sell more of their product — and introduces the concept of net demand reduction (“NDR”) as a ...
    • Vandenbergh, Michael P.; Rossi, Jim, 1965- (North Carolina Law Review, 2013)
      This Article examines a principal barrier to reducing U.S. carbon emissions — electricity distributors’ financial incentives to sell more of their product — and introduces the concept of net demand reduction (“NDR”) as a ...
    • Gervais, Daniel J. (Stanford Technology Law Review, 2011)
      The proposed amended settlement in the Google Book case has been the focus of numerous comments and critiques. This "perspective" reviews the compatibility of the proposed settlement with the TRIPS Agreement and relevant ...
    • Ruhl, J.B. (Vanderbilt Journal of Entertainment Law and Technology, 2020)
      Cascade failures are events in networked systems with interconnected components in which failure of one or a few parts triggers the failure of other parts, which triggers the failure of more parts, and so on. Cascade ...
    • Ruhl, J. B.; Craig, Robin Kundis (Sustainability, 2010)
      The world’s coastal ecosystems are among the most complex on Earth, and they are currently being governed unsustainably, by any definition. Climate change will only add to this complexity, underscoring the necessity of ...
    • Slobogin, Christopher, 1951- (University of Chicago Law Review, 2008)
      The government's ability to obtain and analyze recorded information about its citizens through the process known as data mining has expanded enormously over the past decade. Although the best-known government data mining ...
    • Slobogin, Christopher, 1951- (Law and Contemporary Problems, 2010)
      This article examines group-focused police investigation techniques - for instance, roadblocks, drug testing programs, area or industry-wide health and safety inspections, data mining, and camera surveillance - a phenomenon ...
    • Viscusi, W. Kip (Journal of Law and Economicshttp://www.press.uchicago.edu/ucp/journals/journal/jle.html, 1999)
      The estimated health risks from smoking have significant external financial consequences for society. Studies at the national level indicate that cigarettes are selffinancing since external costs such as those due to ...
    • O'Connor, Erin O'Hara, 1965- (Law and Contemporary Problems, 2009)
      In the past few years a number of scholars in a variety of intellectual disciplines have contributed to a better understanding of dyadic conflicts and their resolution. In particular, sociologists, psychologists, ...
    • Ricks, Morgan (The CLS Blue Sky Blog, 2019)
      Larry Summers, who was one of President Obama’s key economic advisors when the Dodd-Frank Act of 2010 was enacted, what he called “excessive populism” in portions of that legislation. This might seem surprising; Dodd-Frank’s ...
    • Guthrie, Chris; Friedman, Lawrence M., 1963-; Grossman, Joanna L. (The American Journal of Legal History, 1996)
      Guardianship goes back quite far in legal history; it has been a feature of American law since the colonial period. Something like guardianship is a necessity in a system that recognizes private ownership of property, while ...
    • Slobogin, Christopher (George Washington Law Review, 1985)
      The occasionally controversial consequences of the insanity defense, epitomized by John Hinckley's acquittal, have recently spawned a rash of legislative attempts to prevent similar outcomes in future cases. Three states ...
    • King, Nancy J., 1958-; Sherry, Suzanna (Duke Law Journal, 2008)
      This Article tells the story of how fundamental shifts in state sentencing policy collided with fundamental shifts in federal habeas policy to produce a tangled and costly doctrinal wreck. The conventional assumption is ...
    • King, Nancy J. (North Carolina Law Review, 2021)
      This Article reveals how five states with presumptive (binding) sentencing guidelines have implemented the right announced in Blakely v. Washington to a jury finding of aggravating facts allowing upward departures from the ...
    • Sherry, Suzanna (Northwestern University Law Review, 2004)
      Not every constitutional case requires recourse to first principles, and indeed, most require more subtlety than such recourse can produce. The Rehnquist Court's free speech cases provide an example of the benefits of a ...
    • Ruhl, J.B. (Vanderbilt Law Review, 2012)
      This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and ...