Now showing items 1672-1691 of 1815

    • The Turn to Interpretation 

      Kennedy, David W. (University of South California Law Center, 1995)
    • Turning to Market Democracy: A Tale of Two Architectures 

      Kennedy, David W. (Harvard University, Harvard Law School, 1991)
    • Tushnet: Comment on Cox 

      Tushnet, Mark V. (University of Maryland, 1987)
    • The Twenty-First Century Law Library 

      Danner, Richard A.; Kauffman, S. Blair; Palfrey, John (American Association of Law Libraries, 2009)
      On November 6, 2008, the J. Michael Goodson Law Library at the Duke University School of Law held a number of events in celebration of its newly renovated and expanded space. This is an edited version of the program, "The ...
    • Two Americas in Healthcare: Federalism and Wars over Poverty from the New Deal-Great Society to Obamacare 

      Brown-Nagin, Tomiko (2014)
      The Supreme Court’s decision sustaining the Affordable Care Act has inspired commentary applauding the Court for preserving the social safety net instituted and expanded during the New Deal and the Great Society. That ...
    • Two Cheers for the Foreign Tax Credit, Even in the BEPS Era 

      Fleming, Jr., J. Clifton; Peroni, Robert J.; Shay, Stephen E. (2016)
      Reform of the U.S. international income taxation system has been a hotly debated topic for many years. The principal competing alternatives are a territorial or exemption system and a worldwide system. For reasons ...
    • Two Conceptions of Irreversible Environmental Harm 

      Sunstein, Cass Robert (2008)
      The concept of "irreversibility" plays a large role in the theory and practice of environmental protection. Indeed, the concept is explicit in some statements of the Precautionary Principle. But the idea of irreversibility ...
    • Two Conceptions of Procedural Fairness 

      Sunstein, Cass Robert (New School for Social Research, 2006)
      Legal systems must proceed in the face of two conceptions of procedural fairness. The first, embodied in the rule of law ideal, calls for clear rules, laid down in advance and susceptible to mechanical application in ...
    • Two Concepts of Government 

      Parker, Richard D. (Northwestern University School of Law, 2008)
    • "Two Paths, One Result": A (Heavily Qualified) Defense of Consensus Constitutionalism 

      Tushnet, Mark V. (Texas Law Review Association, 2011)
      Professor Tushnet responds to Professor Driver's skepticism toward consensus constitutionalism, or the view that the Supreme Court "inscribes into constitutional law the views of an undifferentiated American people."  ...
    • Two Thoughts about Traditional Knowledge 

      Fisher, William W. (Duke University School of Law, 2007)
      Fisher argues the traditional knowledge of environmentalism and the public domain ideas by presenting two combined related themes involving the British colonist of Native Americans. The idea of devaluing the Indian's ...
    • Two Versions of Judicial Supremacy 

      Tushnet, Mark V. (1998)
    • Ubiquitous Human Computing 

      Zittrain, Jonathan L. (Royal Society, The, 2008)
      Ubiquitous computing means network connectivity everywhere, linking devices and systems as small as a thumb tack and as large as a worldwide product distribution chain. What could happen when people are so readily networked? ...
    • The Un-Microsoft Un-Remedy: Law Can Prevent the Problem That It Can't Patch Later 

      Zittrain, Jonathan L. (Connecticut Law Review Association, University of Connecticut School of Law, 1999)
      Microsoft has brilliantly exploited its current control of the personal computer operating system (OS) market to grant itself advantages towards controlling tomorrow's operating system market as well. This is made possible ...
    • Unanimity and Disagreement on the Supreme Court 

      Sunstein, Cass Robert (Cornell Law Review, 2015)
      In 2013, the Supreme Court showed an unusually high rate of unanimous decisions – the highest, in fact, since 1940. This increase in unanimity, long favored by Chief Justice John Roberts, places a spotlight on an insufficiently ...
    • The Unbearable Lightness of Tea Leaves: Constitutional Political Economy in Court 

      Michelman, Frank Isaac (The University of Texas Law Review, 2016)
      This paper addresses the latest iteration by Joseph Fishkin and William Forbath of their project on the “Anti-Oligarchy Constitution,” sometimes also called by them the “Constitution of Opportunity.” Fishkin and Forbath ...
    • The Unbundled Executive 

      Berry, Christopher R.; Gersen, Jacob E. (University of Chicago Press, 2008)
      This Article articulates and analyzes the possibility of an unbundled executive. The unbundled executive is a plural executive regime in which discrete authority is taken from the President and given exclusively to a ...
    • Unbundled Powers 

      Gersen, Jacob E. (Virginia Law Review Association, 2010)
    • The Unbundled Union: Politics Without Collective Bargaining 

      Sachs, Benjamin Ian (Yale Law School, 2013)
      Public policy in the United States is disproportionately responsive to the wealthy, and the traditional response to this problem, campaign finance regulation, has failed. As students of politics have long recognized, ...