Now showing items 41-60 of 1354

    • Slobogin, Christopher (Howard Law Journal, 2015)
      American imprisonment rates are far higher than the rates in virtually every Western country, even after taking into account differing rates of crime. The late Professor Andrew Taslitz suggested that at least one explanation ...
    • Cheng, Edward K. (Green Bag 2d, 2014)
      An old joke quips that lawyers go to law school precisely because they never liked math or were never good at math – and that therefore medical school (or these days, Wall Street) was not an option. While this tired joke ...
    • Blair, Margaret (Cornell Law Review, 2020)
      Corporate law scholars and economists have expressed concern recently about the fact that the number of publicly traded corporations in the United States has declined significantly since a peak in the late 1990s. In this ...
    • Gervais, Daniel J. (Canadian Journal of Law & Technology, 2002)
      In this paper, we will compare the current Canadian framework and activities of Collective Management Organizations with the situation in a number of other major countries and suggest possible improvements to the current ...
    • Jones, Owen D.; Kurzban, Robert (University of Chicago Law Review, 2010)
      Recent work reveals, contrary to wide-spread assumptions, remarkably high levels of agreement about how to rank order, by blameworthiness, wrongs that involve physical harms, takings of property, or deception in exchanges. ...
    • Viscusi, W. Kip (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 ...
    • Vandenbergh, Michael P.; Tibbetts, Courtney A.; Breggin, Linda K.; Holden, Elizabeth A. (Environmental Law Reporter, 2020)
      The purpose of this article is to highlight the results of the ELPAR article selection process and to report on the environmental legal scholarship for the 2018-2019 academic year, including the number of environmental law ...
    • Thomas, Randall S. (Georgetown Law Journal, 2019)
      Fears have abounded for years that the sweet spot for capture of regulatory agencies is the “revolving door” whereby civil servants migrate from their roles as regulators to private industry. Recent scholarship on this ...
    • Sitaraman, Ganesh; Meyer, Timothy (California Law Review, 2019)
      There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under ...
    • Meyer, Timothy; Sitaraman, Ganesh (California Law Review, 2019)
      There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under ...
    • Meyer, Timothy (University of Illinois Law Review, 2019)
      American ambivalence toward international institutions is nothing new. In his farewell address, George Washington famously warned against foreign entanglements. After World War I, the U.S. Senate rejected the Treaty of ...
    • Gervais, Daniel J. (Michigan Journal of International Law, 2019)
      Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a ...
    • 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 ...
    • Gervais, Daniel J. (Lewis & Clark Law Review, 2019)
      The traditional (Arnstein) test for copyright infringement is satisfied when the owner of a valid copyright establishes unauthorized copying by the defendant. To demonstrate unauthorized copying, one of the major tests is ...
    • Mikos, Robert A. (Notre Dame Law Review, 2019)
      A growing number of courts and commentators have suggested that states have Article III standing to protect state law. Proponents of such “protective” standing argue that states must be given access to federal court whenever ...
    • Clayton, Ellen W. (Journal of Law and the Biosciences, 2019)
      Recent advances in technology have significantly improved the accuracy of genetic testing and analysis, and substantially reduced its cost, resulting in a dramatic increase in the amount of genetic information generated, ...
    • Gervais, Daniel J. (North Carolina Journal of Law & Technology, 2019)
      This Article delineates the proper scope of patentable subject matter and the two key exclusions namely scientific discoveries/laws of nature on the one hand, and mental steps/abstract ideas, on the other hand. The Article ...
    • Jones, Owen D.; Goldsmith, Timothy H. (Columbia Law Review, 2005)
      Society uses law to encourage people to behave differently than they would behave in the absence of law. This fundamental purpose makes law highly dependent on sound understandings of the multiple causes of human behavior. ...
    • Serkin, Christopher (New York University Law Review, 2009)
      This Article identifies property law's special protection for existing uses, explores possible justifications for this protection, and argues that none can support the strong protection that existing uses currently enjoy. ...
    • Rose, Amanda M. (Duke Journal of Constitutional Law & Public Policy, 2015)
      The Supreme Court’s widely anticipated decision last term in Halliburton Co. v. Erica P. John Fund, Inc.1 did little to change the fundamental landscape of securities fraud litigation in the United States. Rule 10b-52 class ...