Now showing items 815-834 of 1354

    • Hurder, Alex J. (Fordham Law Review, 1999)
      Nonlawyer legal assistance is a necessary ingredient of any plan for meaningful access to the courts. The American Bar Association Commission on Nonlawyer Practice found in 1995 "that as many as 70% to 80% or more of ...
    • Sitaraman, Ganesh; Wuerth, Ingrid Brunk (Harvard Law Review, 2015)
      The defining feature of foreign relations law is that it is distinct from domestic law. Courts have recognized that foreign affairs are political by their nature and thus unsuited to adjudication, that state and local ...
    • Cheng, Edward K.; Farmer, Scott J. (Green Bag 2D, 2013)
      Although the focus in this Article is moot court scoring, one can envision many other instances of law school assessment in which such a normalization problem arises. Law review competitions also involve different sets of ...
    • Sherry, Suzanna (Vanderbilt Law Review, 2016)
      This Article argues that the Erie doctrine should be normalized by bringing it into line with ordinary doctrines of federalism. Under ordinary federalism doctrines – such as the dormant commerce clause, implied preemption, ...
    • Swain, Carol M. (Carol Miller) (Houston Law Review, 1997)
      Minority representation itself should be viewed by the voting rights community as something much broader than the representation that takes place when voters and legislators share skin pigmentation. The Supreme Court and ...
    • Seymore, Sean B., 1971- (William and Mary Law Review, 2012)
      Failure is the basis of much of scientific progress because it plays a key role in knowledge building. In fact, negative results comprise the bulk of knowledge produced in scientific research. This is not a bad thing because ...
    • Stack, Kevin M. (Constitutional Commentary, 2010)
      You can't judge a President by his view of Article II. At the very least, only looking to a President's construction of Article II gives a misleading portrait of the actual legal authority recent Presidents have asserted. ...
    • 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 ...
    • Gervais, Daniel J. (Fordham Law Review, 2009)
      Because TRIPS introduced a high(er) level of intellectual property protection in a number of developing countries, it provides an opportunity to examine the impact of the introduction of (property) rights on a variety of ...
    • Rossi, Jim, 1965- (Columbia Law Review Sidebar, 2012)
      Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for ...
    • Gervais, Daniel J.; Judge, Elizabeth F. (Elizabeth Frances), 1966- (Cardozo Arts & Entertainment Law Journal, 2009)
      Originality is a central theme in the efforts to understand human evolution, thinking, innovation, and creativity. Artists strive to be "original," however the term is understood by each of them. It is also one of the major ...
    • Ruhl, J. B.; Jewell, Michael J. (South Texas Law Review, 1991)
      This article assesses Congress' effort, through enactment of OPA, to meet the goals it stated in 1989. Part II provides an overview of the fragmented" condition of pre-OPA federal law addressing oil spills and an examination ...
    • O'Connor, Erin O'Hara, 1965-; Yarn, Douglas H. (Washington Law Review, 2002)
      This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing ...
    • Edelman, Paul H. (Journal of Legal Studies, 2002)
      There has been a spate of interest in the application of the Condorcet Jury Theorem to issues in the law. This theorem holds that a majority vote among a suitably large body of voters, all of whom are more likely than not ...
    • Mikos, Robert A. (Vanderbilt Law Review, 2009)
      Using the conflict over medical marijuana as a timely case study, this Article explores the overlooked and underappreciated power of states to legalize conduct Congress bans. Though Congress has banned marijuana outright, ...
    • Jones, Owen D. (Michigan Law Review, 2000)
      This essay discusses the legal implications of bio-behavioral underpinnings to norms, morality, and economic order. It first discusses the recent book "The Great Disruption: Human Nature and the Reconstitution of Social ...
    • King, Nancy J., 1958- (Marquette Lawyer Magazine, 2014)
      On November 18, 2013, Nancy J. King, the Lee S. and Charles A. Speir Professor at Vanderbilt Law School, delivered Marquette Law School’s annual George and Margaret Barrock Lecture in Criminal Law. This is an abridgment ...
    • Stack, Kevin M.; Vandenbergh, Michael P. (Columbia Law Review, 2011)
      Parties frequently seek exemption from regulation on the ground that they contribute only a very small share to a problem. These one percent arguments are not inherently questionable; it can be efficient to exclude relatively ...
    • Moran, Beverly I. (Toledo Law Review, 1991)
      In "Cottage Savings Association v. Commissioner" the Sixth Circuit delves into a little known aspect of the savings and loan crisis -- the attempt by the Federal Home Loan Bank Board to use the Internal Revenue Code ("Code") ...
    • Guthrie, Chris; Korobkin, Russell (The Ohio State Journal on Dispute Resolution, 1994)
      When two litigants resolve a dispute through out-of-court settlement rather than trial, they realize joint gains of trade equal to the sum of the costs both parties would have incurred had they obtained a trial judgment ...