Tagged with "Vol. 112"
“Deference” Is Too Confusing—Let’s Call Them “Chevron Space” and “Skidmore Weight”
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Of Speech and Sanctions: Toward a Penalty-Sensitive Approach to the First Amendment
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When Antitrust Met WTO: Why U.S. Courts Should Consider U.S.-China WTO Disputes in Deciding Antitrust Cases Involving Chinese Exports
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Judicial Backlash or Just Backlash? Evidence from a National Experiment
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By: David Fontana & Donald Braman
When the Supreme Court decides a controversial issue, does it generate a distinctive public backlash? Or would a similar decision by Congress generate a similar reaction? Surprisingly, although these questions pervade debates over constitutional law, ...READ MORE
Stock Unloading and Banker Incentives
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By: Robert J. Jackson, Jr.
Congress has directed federal regulators to oversee banker pay. For the first time, these regulators are now scrutinizing the incentives of risk-takers beyond the bank’s top executives. Like most public company managers, these bankers are increasingly ...READ MORE
Due Process and “the Worst of the Worst”: Mental Competence in Sexually Violent Predator Civil Commitment Proceedings
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Whose Applicable Guideline Range Is It Anyway? Examining Whether Nominal Career Offenders Can Receive Sentence Modifications Based on Retroactive Reductions in the Crack Cocaine Guidelines
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By: Evan R. Kreiner
The recent reductions in the guideline range for federal crack cocaine offenses have spurred tens of thousands of motions for sentence modifications under 18 U.S.C. § 3582(c)(2) by individuals sentenced pursuant to the old, harsher crack cocaine ...READ MORE
Federalism as a Safeguard of the Separation of Powers
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By: Jessica Bulman-Pozen
States frequently administer federal law, yet scholars have largely overlooked how the practice of cooperative federalism affects the balance of power across the branches of the federal government. This Article explains how states check the federal executive in ...READ MORE
The Indefensible Duty to Defend
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By: Neal Devins & Saikrishna Prakash
Modern Justice Department opinions insist that the executive branch must enforce and defend laws. In the first article to systematically examine Department of Justice refusals to defend, we make four points. First, the duties to ...READ MORE
Benefit Corporations: How to Enforce a Mandate to Promote the Public Interest
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By: Briana Cummings
A new trend has emerged within the past decade: corporations that seek to turn a profit while affirmatively promoting the public interest. To accommodate this trend, six states have recently enacted legislation creating the benefit corporation, a for-profit ...READ MORE
On Avoiding Avoidance, Agenda Control, and Related Matters
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“Knowingly” Ignorant: Mens Rea Distribution in Federal Criminal Law After Flores-Figueroa
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The Supreme Court’s Accidental Revolution? The Test for Permanent Injunctions
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The Article II Safeguards of Federal Jurisdiction
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Reframing the Right: Using Theories of Intangible Property to Target Honest Services Fraud After Skilling
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Time Waits for No Man—But Is Tolled for Certain Post-Judgment Motions: Federal Rule of Appellate Procedure 4(A) (4) and the Fate of Withdrawn Post-Judgment Motions
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Transaction Consistency and the New Finance in Bankruptcy
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Deterring Global Bribery: Where Public and Private Enforcement Collide
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