Law School Scholarly Works: Recent submissions
Now showing items 61-80 of 621
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You Can't Go Holmes Again
(Northwestern University Law Review, 2012)Under the standard interpretation of 28 U.S.C. § 1331, the so called Holmes test, pleading a federal cause of action is sufficient for finding federal question jurisdiction. In January 2012, the Supreme Court, in Mims v. ... -
'Sticky' Arbitration Clauses?: The Use of Arbitration Clauses after Concepcion and Amex
(2013)We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. After the Supreme Court’s decision in Concepcion, commentators ... -
Carve-Outs and Contractual Procedure
(2013)The burgeoning literature on private contractual choice of procedure has run up against a difficult empirical reality: the available empirical evidence reveals surprisingly little use of customized procedural rules in ... -
2011 Kansas Bar Association Annual Survey - Chapter 29: Torts
(Kansas Bar Association, 2011)Torts chapter of the 2011 Kansas Bar Association Annual Survey. -
2003 Kansas Bar Association Annual SURVEY - Chapter 28: Torts
(Kansas Bar Association, 2003)Chapter on Torts in the 2003 Kansas Bar Association Annual Survey. -
2008 Kansas Bar Association annual survey - Chapter 29: Torts
(Kansas Bar Association, 2008)Torts chapter of the 2008 Kansas Bar Association annual survey. -
Intellectual Property and Public Health – A White Paper
(2013)On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an ... -
Patent Expertise and the Regress of Useful Arts
(Southern Illinois University School of Law, 2009)Employing a multi-user interactive simulation of patent and non-patent (commons and open source) systems (the "Patent Game"), this study compares empirical data on rates of innovation, productivity, and social utility ... -
Intellectual Property as the Third Dimension of GMO Regulation
(University of Kansas School of Law, 2007)In the past, opposition to GMOs and GM crops has tended to focus on alleged dangers to human health and environmental safety. The United States, Canada, and Europe have all established regulatory frameworks whose stated ... -
Towards Engaged Scholarship
(2013)The practice-oriented influences of the Carnegie Foundation’s Educating Lawyers and the report of the Clinical Legal Education Association, Best Practices for Legal Education, have been working on the academy for only five ... -
The Supreme Court’s Regulation of Civil Procedure: Lessons from Administrative Law
(UCLA School of Law, 2012)In this Article, we argue that the Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments ... -
Beyond Ideology: An Empirical Study of Partisanship and Independence in the Federal Courts
(George Washington University Law School, 2012)This Article identifies and measures dimensions of judicial behavior separate from ideology to improve both the understanding of and vocabulary surrounding debates about judges. In particular, it recognizes both independence ... -
Sex offender Exceptionalism and Preventive Detention (Symposium: Preventive Detention)
(Northwestern University School of Law, 2011)The emerging war on sex offenders, as typical of wartime mentality, has been marked by substantial deviations from established legal doctrine, constitutional protections, and the rule of law. Because of a high level of ... -
Is Military Law Relevant to the 'Evolving Standards of Decency' Embodied in the Eighth Amendment?
(Northwestern University School of Law, 2008)On June 25, 2008, the United States Supreme Court issued an opinion in Kennedy v. Louisiana holding that the application of the death penalty to the crime of aggravated child rape violated the Eighth Amendment of the United ... -
The Incredible Ordinariness of Federal Penalties for Inactivity
(University of Wisconsin Law School, 2012)Those arguing that the insurance mandate in the recent health care reform legislation, the Patient Protection and Affordable Care Act (ACA), is unconstitutional have prominently and repeatedly advanced the claim that the ... -
Judged by the Company You Keep: An Empirical Study of the Ideologies of Judges on the United States Courts of Appeals
(Boston College Law School, 2010)Although there has been an explosion of empirical legal scholarship about the federal judiciary, with a particular focus on judicial ideology, the question remains: how do we know what the ideology of a judge actually is? ... -
The Sex Offender Registration and Notification Act and the Commerce Clause
(University of California Press, in Berkeley, California for the Vera Institute of Justice, 2008)In 2006, the Sex Offender Registration and Notification Act ("SORNA") created a new federal crime of "failure to register" which is punishable by up to ten years imprisonment. Since that time, sex offenders across the ... -
Better Dead than R(ap)ed?: The Patriarchal Rhetoric Driving Capital Rape Statutes
(St. John's University School of Law, 2004)Beginning with the passage of the death penalty for rapists of children in Louisiana in 1995, a series of similar statutes have been proposed and passed in state legislatures across the country. The Louisiana Supreme Court ... -
How Judges Judge
(Northwestern University School of Law, 2011)This Article offers a new approach to understanding judicial behavior which recognizes judicial heterogeneity, behavior along different dimensions, and interconnectedness among judges at different levels within the judiciary. ...