Tag Archives: Volume 34

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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Judicial Supervision of Campaign Information: a Proposal to Stop the Dangerous Erosion of Madison’s Design for Actual Representation

On September 4, 2005, less than one week after Hurricane Katrina devastated New Orleans and the Gulf Coast, and more than three years into an escalating quagmire in Iraq, Frank Rich facetiously paraphrased Secretary of Defense Donald Rumsfeld, writing, “for … Continue reading

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Business Necessity and Hostile Work Environment: an Evolutionary Step Forward for Title VII

So, imagine that you are a bright, young college graduate. You are also a female. The first interview that you get is with a new internet magazine that was launched only a few months ago. The job you are interviewing … Continue reading

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Applicants Laid Bare: the Privacy Economics of University Application Files

So—Princeton University’s admissions staff hacked into Yale University’s application files to get access to personal information about Yale applicants. This unlikely event brings to mind the comprehensiveness of application files—a veritable one-stop-shop for those interested in applicants’ personal information. Just … Continue reading

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