Now showing items 11-20 of 406
Surveillance and the Constitution
(Wayne Law Review, 2009)
My focus will be on the extent to which the Constitution limits government surveillance activities. The details of regulation should be statutory, but the basis for that statutory regulation must be founded on constitutional ...
Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences
(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 ...
My Patent, Your Patent, or Our Patent? Inventorship Disputes Within Academic Research Groups
(Albany Law Journal of Science & Technology, 2006)
The statutory requirement of identifying the first and true inventor is often muddled by the mores and practices of academic science. Unfortunately, and despite claims of scientists and attorneys to the contrary, I contend ...
Reauthorization of the Voting Rights Act: How Politics and Symbolism Failed America
(Georgetown Journal of Law & Public Policy, 2007)
In passing a watered-down piece of legislation (in July 2006), the Senate missed a critical opportunity to truly strengthen Section 5 of the Voting Rights Act and protect voters against voting rights violations on a ...
The Value of Life in Legal Contexts: Survey and Critique
(American Law and Economics Review, 2000)
In Search of a Unifying Principle for Article V of the Uniform Trust Code: A Response to Professor Danforth
(Cardozo Law Review, 2006)
Professor Robert Danforth's exploration of spendthrift trusts in Article Five of the UTC and the Future of Creditors 'Rights in Trusts is a superb piece of work. Professor Danforth analyzes with considerable acuity the ...
The Political Economy of Energy and Its Implications for Climate Change Legislation
(Tulane Law Review, 2009)
Public choice themes have arisen throughout the history of U.S. energy regulation and continue to be relevant today, particularly with widespread discussion of deregulation and increased attention to climate change. This ...
In Defense of Regulatory Peer Review
(Washington University Law Review, 2006)
The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain ...
Agriculture and the Environment: Three Myths, Three Themes, Three Directions
(Environs Environmental Law & Policy Journal, 2002)
Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on ...
(Federal Sentencing Reporter, 2000)
The Court in Apprendi v. New Jersey, ___ U.S. ___ (2000), held as a matter of due process that any fact, other than a prior conviction, that increases the penalty for an offense beyond the prescribed statutory maximum must ...