Now showing items 834-853 of 1354

    • 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 ...
    • Cheng, Edward K. (Judicature, 2008)
      In accord with traditions celebrating the generalist judge, the federal judiciary has consistently resisted proposals for specialized courts. Outward support for specialization, if it exists at all, is confined to narrow ...
    • O'Connor, Erin O'Hara, 1965- (Vanderbilt Law Review, 2000)
      This Article uses public choice theory to analyze the function of choice-of-law clauses in contracts. Choice-of-law clauses are now quite common and are increasingly enforced, especially with the proliferation of international ...
    • Vandenbergh, Michael P. (Northwestern University Law Review, 2005)
      This Article tackles a leading problem confronting norms theorists and regulators: how can the law induce changes in behavior when the material costs to the individual outweigh the benefits and there is no close-knit ...
    • O'Connor, Erin O'Hara, 1965- (Vanderbilt Law Review, 2011)
      This Article examines the conduct of BP executives in the weeks following the Deepwater Horizon oil spill to illuminate the use of apology by organizations. After briefly describing the value of apology and its nuances ...
    • Ricks, Morgan (Vanderbilt Law Review, 2017)
      What is the essential role of the law of enterprise organization? The dominant view among business law scholars today is that organizational law — the law of partnerships, corporations, private trusts, and their variants ...
    • Sherry, Suzanna (Northwestern University Law Review, 1990)
      Approximately one-third of Robert Bork's new book, "The Tempting of America," is devoted to attacking "the bloody crossroads" that were his confirmation hearings. A careful reading of the book as a whole, however, serves ...
    • Fitzpatrick, Brian T. (Ohio State Law Journal, 2010)
      Over the last several years, the Supreme Court has revolutionized modern criminal procedure by invoking the Sixth Amendment right to a jury trial to strike down several sentencing innovations. This revolution has been led ...
    • Wuerth, Ingrid Brunk (Saint Louis University Law Journal, 2008)
      Legal scholarship on foreign affairs frequently focuses on the Constitution's text and original meaning, but generally does not fully engage debates about originalism as a method of modern constitutional interpretation. ...
    • Sherry, Suzanna (Northwestern University Law Review, 1993)
      The main burden of Professor Perry's paper is to demonstrate that an originalist may, but need not, be a minimalist. In the course of this project, Perry reiterates his earlier arguments in favor of originalism. He also ...
    • Fishman, Joseph P. (California Law Review, 2021)
      Although the U.S. Supreme Court has famously spoken of a "historic kinship" between patent and copyright doctrine, the family resemblance is sometimes hard to see. One of the biggest differences between them today is how ...
    • King, Nancy J., 1958- (Chicago-Kent Law Review, 2003)
      All of the states admitted to the Union by 1800 eventually abandoned capital punishment for most felonies in favor of discretionary terms of imprisonment. But of these states, only Virginia, Kentucky, and Georgia adopted ...
    • Jones, Owen D.; Robinson, Paul H.; Kurzban, Robert (Vanderbilt Law Review, 2007)
      Contrary to the common wisdom among criminal law scholars, empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to ...
    • George, Tracey E., 1967- (Missouri Law Review, 2004)
      How do governments and their citizens respond to fear and risk in times of crisis? Dr. Lee Epstein and Professor Christina Wells, in papers presented on the final symposium panel focus in particular on the Supreme Court's ...
    • Sherry, Suzanna (Constitutional Commentary, 1995)
      In the race to the bottom that characterizes this Symposium, I cast my vote for Article I, section 3: "The Senate of the United States shall be composed of two Senators from each State .... Indeed, were this provision not ...
    • Sherry, Suzanna (Michigan Law Review, 1989-05)
      Mark Tushnet's new book ("Red, White, and Blue: A Critical Analysis of Constitutional Law") is an example of how too many layers of theoretical detachment can obscure truly innovative scholarship. His fervent insistence ...
    • O'Connor, Erin O'Hara, 1965-; Kirchhoefer, Gregg; Blair, Margaret M., 1950- (Brigham Young University Law Review, 2011)
      Firms have increasingly moved productive activities from within to outside the firm through outsourcing arrangements. According to some estimates, the value of outsourcing contracts has been nearly 100 billion dollars per ...
    • Sherry, Suzanna (University of Pennsylvania Law Review, 2008)
      In this essay, part of a symposium on the Class Action Fairness Act, I argue that CAFA should be read as having overruled Erie Railroad Co. v. Tompkins as applied to the nationwide class actions that fall within CAFA's ...
    • Yadav, Yesha (Cornell Law Review, 2019)
      According to statute, securities exchanges play an essential role in ensuring compliance with applicable laws and industry standards. Long imagined as unique in their institutional capacity to bring traders together, collect ...
    • Stack, Kevin M.; Vandenbergh, Michael P. (Notre Dame Law Review, 2021)
      Congress has a constitutionally critical duty to gather information about how the executive branch implements the powers Congress has granted it and the funds Congress has appropriated. Yet in recent years the executive ...