Law School Scholarly Works: Recent submissions
Now showing items 181-200 of 629
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Federalism: The Next Generation
(Loyola Law School, 2000)This essay is part of a symposium on a series of Supreme Court decisions during the 1990s that reinvigorated, and at times reinvented, federalism-based limits on congressional power, a constitutional doctrine that has lain ... -
Judicial Incentives and Indeterminacy in Substantive Review of Administrative Decisions
(Duke University School of Law, 1995)It was not supposed to be like this. In Chevron and State Farm, the Supreme Court announced what appeared to be controlling standards for substantive review of administrative decisions. Chevron adopted a two-step approach ... -
Using Legislative History as a Tool of Statutory Construction in Kansas
(Kansas Bar Association, 2002)The legislative history of a statute, when available, can shape its judicial construction. More often than not, Kansas courts find sufficient ambiguity in a statute to justify consideration of legislative history that is ... -
Escaping Lochner's Shadow: Toward a Coherent Jurisprudence of Economic Rights
(University of North Carolina School of Law, 1995)This article argues that it is time to rethink the jurisprudence of “economic rights.” For nearly twenty years, the United States Supreme Court has revisited economic rights doctrines that had lain dormant since the end ... -
Social Security Disability Determinations: Recommendations for Reform
(Brigham Young University's J. Reuben Clark Law School, 1990)This report for the Federal Courts Study Committee, which is reprinted as part of a symposium gathering a number of these reports, focuses on the contribution of Social Security disability claims to dramatic increases in ... -
Heightened Scrutiny of the Fourth Branch: Separation of Powers and the Requirement Of Adequate Reasons for Agency Decisions
(Duke University School of Law, 1987)In recent years, the requirement that administrative agencies provide adequate reasons for their decisions has come to play a central role in judicial review of agency decisions. While the increasing importance of this ... -
Government Benefits and the Rule of Law: Toward a Standards-Based Theory of Judicial Review
(Washington College of Law and American Bar Association, 2006)This is the second of two articles developing a “standards-based” approach to the rule of law in the context of administrative decisions concerning government benefits. We base our standards-based theory on two core ... -
Paradoxical Parallels in the American and German Abortion Decisions
(Tulane University Law School in New Orleans, 2001)In this Article, Professors Levy and Somek engage in a careful comparative analysis of the leading constitutional abortion decisions in the United States and Germany. This analysis is occasioned by the remarkable convergence ... -
Federal Preemption, Removal Jurisdiction, and the Well-Pleaded Complaint Rule
(University of Chicago Law School, 1984)When a plaintiff sues in state court relying solely on state law, the defendant ordinarily may not remove the case to federal court on the basis of a federal defense. Under the well-pleaded complaint rule, neither a federal ... -
Access to Courts and Preemption of State Remedies in Collective Action Perspective
(Case Western Reserve University School of Law, 2009)Preemption of common law remedies for individual injuries such as harm to health raises fundamental questions about the proper allocation of authority between the federal and state governments and about the role of courts ... -
Slaying the Inequality Villain in School Finance: Is the Right to Education the Silver Bullet?
(University of Kansas School of Law, 2011)This article, part of a symposium on Educational Reform in the 21st Century, considers the relationship between the recognition of a right to education and the amelioration of educational inequalities. As currently understood ... -
Climate Change Adaptation: A Collective Action Perspective on Federalism Considerations
(Lewis & Clark Law School, 2010)The buildup of greenhouse gases in the atmosphere and the likely growth in future emissions due to increased energy consumption in developing nations have convinced many scientists and policymakers of the need to develop ... -
Arbitration Clauses in Credit Card Agreements: An Empirical Study
(Wiley-Blackwell, 2012)This article uses a newly available database of consumer credit card agreements to take the first, in‐depth empirical look at why credit card issuers use arbitration clauses. Based on a sample of credit card agreements ... -
Preface and Introduction
(Carolina Academic Press, 2013)This is the tables of contents and cases, the preface, and part of the introductory chapter to the 3rd edition of Native American Natural Resources Law, published by Carolina Academic Press. This coursebook is suitable for ... -
Commonality Among Unique Indigenous Communities: An Introduction to Climate Change and Its Impacts on Indigenous Peoples
(Tulane University School of Law, 2013)This article is part of a special issue of the Tulane Environmental Law Journal exploring how climate change affects the rights of indigenous peoples. Climate change is a global environmental problem caused by greenhouse ... -
Tightening the Perceived 'Loophole': Reexamining ICRA's Limitation on Tribal Court Punishment Authority
(UCLA American Indian Studies Center, 2012)The Indian Civil Rights Act (ICRA) celebrated its fortieth anniversary in 2008. When it passed the ICRA as a rider to the Civil Rights Act of 1968, Congress intended to apply the protections of the US Constitution to Indian ... -
Usages and Implied Terms in the United States
(Oxford University Press, 2012-09-03)The Uniform Commercial Code (“UCC” or “Code”) incorporates commercial practices — course of performance, course of dealing, and usage of trade — into the parties’ agreement, with the aim of “reduc[ing] the gap between law ... -
Arbitrator Selection and Regulatory Competition in International Arbitration Law
(Kluwer Law International, 2005-01)This paper examines empirically the effect of enacting a new or revised arbitration statute on the selection of international arbitrators. It considers three principal ways in which arbitrators may benefit from a new ... -
International Arbitration Law in the United States
(Istanbul Chamber of Commerce, 2007)The importance of American international arbitration law has grown in recent decades. Arbitration is widely used as a means of resolving transnational disputes involving American parties, albeit more widely for some types ... -
Corporate Social Responsibility as Collaborative Governance? The PRC Approach in Comparative Perspective
(2011-05-30)Over the past decade, governments at various levels across China have begun to introduce new measures to promote corporate social responsibility (企业社会责任) (CSR) as an explicit policy objective. The multifaceted and dynamic ...