Tag Archives: Issue 2

The Candor Factor: Does Nominee Evasiveness Affect Judiciary Committee Support for Supreme Court Nominees?

Are members of the Senate Judiciary Committee more likely to vote in favor of Supreme Court nominees who are candid and forthcoming during their confirmation hearings? Based on a line by line content analysis of every hearing transcript since 1955, … Continue reading

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A Dangerous Discretionary “Duty”: U.S. Antidumping Policy Toward China

In an era of flourishing transitions from state controlled policies and economies to democratic governance, the United States foreign trade policy, particularly toward emerging market-oriented countries, may require adjustment to maintain the credibility of the United States as an important … Continue reading

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Judicial Enforcement of Arbitration Agreements: the Stay-Dismissal Dichotomy of FAA Section 3

The meaning of section 3 of the Federal Arbitration Act (“FAA”) has been the subject of substantial litigation and uncertainty. Section 3 applies to a suit or proceeding brought in court where the issues are referable to arbitration under an … Continue reading

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Respecting Intellectually Disabled Parents: A Call for Change in State Termination of Parental Rights Statutes

“Mentally retarded persons . . . are individuals whose abilities and behavioral deficits can vary greatly depending on the degree of their retardation, their life experience, and the ameliorative effects of education and habilitation.” So spoke the Supreme Court in … Continue reading

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Delayering Corporate Law

Corporate law has become unnecessarily complicated. Despite the proliferation of laws, problems fester and scandals erupt. Something is wrong. This Article seeks to delayer corporate law—to strip it down to its essence—and after doing so, offer concrete suggestions for reform. … Continue reading

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Attractive Complexity: Tax Deregulation, the Check-The-Box Election, and the Future of Tax Simplification

Dissatisfaction with the complexity of the income tax is nothing new. Still, recent decades have seen anything but a decrease in the tax law’s complexity. The seemingly inexorable rise in complexity has attracted the attention of scholars, inspired politicians and, … Continue reading

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Inheritance Rights and the Step-Partner Adoption Paradigm: Shades of the Discrimination Against Illegitimate Children

Due to changing social norms and evolving reproductive technology, the issue of what constitutes a family, and more specifically, what constitutes a legally recognized parent-child relationship, is one of the more complex and hotly debated issues in the legal academy. … Continue reading

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The Positive and Normative Puzzle of Decision Rules for Juries: the Example of Decision Rules for Civil Litigation in State Courts

All of the decision rules for juries in state courts, deciding civil cases, are what may be characterized as “two way” rules. Whatever consensus is required to secure a favorable verdict applies to all parties to the litigation. The governing … Continue reading

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The Lawlessness of Aggregative Torts

Aggregative torts rely on nontraditional theories of liability in which collective, rather than individual, interests are paramount. All legal rules are to some extent aggregative in that they purport to treat all similarly situated persons alike. But traditionally, in most … Continue reading

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Executive Power, the Commander in Chief, and the Militia Clause

One of the great constitutional struggles in the United States depends on our vision of government. In dealing with that question in connection with the issues of federalism, the prevailing modern wisdom since the 1937 term of the Supreme Court … Continue reading

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