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Identifying Employers’ “Proxies” in S...

ABSTRACT: The Supreme Court’s companion decisions of Burlington Industries, Inc. v. Ellerth and Faragher v. City of...

Identifying Employers’ “Proxies” in Sexual-Harassment Litigation
posted on: May 5, 2014 | author: Curtis J. Bankers

A Psychological Account of Consent to...

ABSTRACT: The moral and social norms that bear on contracts of adhesion suggest a deep ambivalence. Contracts are...

A Psychological Account of Consent to Fine Print
posted on: May 5, 2014 | author: Tess Wilkinson-Ryan

Defensible Disenfranchisement

The practice of felon disenfranchisement has a long and controversial history. In the United States, the policy of...

Defensible Disenfranchisement
posted on: May 5, 2014 | author: Mary Sigler

The Uncertain Promise of Predictive C...

ABSTRACT: Increasingly, machine-learning technologies known as “predictive coding” are automating document review in...

The Uncertain Promise of Predictive Coding
posted on: May 5, 2014 | author: Dana A. Remus

Avoiding Death by a Thousand Cuts: Th...

One of the most serious pathologies of the modern class action is the danger of serial attempts to certify a class...

Avoiding Death by a Thousand Cuts: The Relitigation of Class Certification and the Realities of the Modern Class Action
posted on: May 5, 2014 | author: Martin H. Redish & Megan B. Kiernan

Queues in Law

The Pacific Telegraph Act of 1860 created a “first in, first out” principle (“FIFO”). FIFO is...

Queues in Law
posted on: May 5, 2014 | author: Ronen Perry & Tal Z. Zarsky

A Market Approach to Regulating the E...

ABSTRACT: The United States faces a critical moment in environmental regulation. As tens of thousands of new...

A Market Approach to Regulating the Energy Revolution: Assurance Bonds, Insurance, and the Certain and Uncertain Risks of Hydraulic Fracturing
posted on: May 5, 2014 | author: David A. Dana & Hannah J. Wiseman

Flawed Coalitions and the Politics of...

ABSTRACT: Bipartisanship can be dangerous. In the late 1970s, liberal and conservative forces united to discard two...

Flawed Coalitions and the Politics of Crime
posted on: May 5, 2014 | author: David Jaros

Lessons from a Life Well-Lived: A Tri...

Randall P. Bezanson, the David H. Vernon Professor of Law at the University of Iowa, passed away at his daughter’s...

Lessons from a Life Well-Lived: A Tribute to Randall P. Bezanson
posted on: May 5, 2014 | author: Gail B. Agrawal

Remembering Randy Bezanson

Randall P. Bezanson, the David H. Vernon Professor of Law at the University of Iowa, passed away at his...

Remembering Randy Bezanson
posted on: May 5, 2014 | author: Todd E. Pettys

Tort Law in the Age of Statutes

ABSTRACT: The common law of torts is widely considered to be in conflict with the modern regulatory state. Tort law...

Tort Law in the Age of Statutes
posted on: Mar 1, 2014 | author: Mark A. Geistfeld

Equal Law in an Unequal World

ABSTRACT: The moral ideal of the rule of law is a basic principle of constitutional legitimacy, embodied in U.S. law...

Equal Law in an Unequal World
posted on: Mar 1, 2014 | author: Paul Gowder

Opt-Out Education: School Choice as R...

ABSTRACT: Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced...

Opt-Out Education: School Choice as Racial Subordination
posted on: Mar 1, 2014 | author: Osamudia R. James

The Natural Complexity of Patent Elig...

ABSTRACT: It has long been assumed that the doctrine of patent eligibility’s prohibition of patents on “laws of...

The Natural Complexity of Patent Eligibility
posted on: Mar 1, 2014 | author: Jacob S. Sherkow

How to Lie with Rape Statistics: Amer...

ABSTRACT: During the last two decades, many police departments substantially undercounted reported rapes creating...

How to Lie with Rape Statistics: America’s Hidden Rape Crisis
posted on: Mar 1, 2014 | author: Corey Rayburn Yung

Property’s Ends: The Publicness of Pr...

ABSTRACT: Property theorists commonly suppose that property has as its ends certain private values, such as...

Property’s Ends: The Publicness of Private Law Values
posted on: Mar 1, 2014 | author: Gregory S. Alexander

“A Fair Day’s Pay for a Fair Day’s Wo...

ABSTRACT: In 1938, Congress passed the Fair Labor Standards Act (“FLSA”) with the support of President Franklin D....

“A Fair Day’s Pay for a Fair Day’s Work”: Why Congress Should Amend the Fair Labor Standards Act to Include an Actual Time Test for Retroactive Damages
posted on: Mar 1, 2014 | author: Leslie E. Barron

Clash of Titans: Groupon v. The Model...

ABSTRACT: Daily deals, like those offered by Groupon and LivingSocial, have become a popular and highly effective...

Clash of Titans: Groupon v. The Model Rules of Professional Conduct
posted on: Mar 1, 2014 | author: Michael J. Conroy

Scrutiny Mutiny: Why the Iowa Supreme...

ABSTRACT: In 1990, the United States Supreme Court decided Employment Division v. Smith. The Smith decision...

Scrutiny Mutiny: Why the Iowa Supreme Court Should Reject Employment Division v. Smith and Adopt a Strict Scrutiny Standard for Free-Exercise Claims Arising Under the Iowa Constitution
posted on: Mar 1, 2014 | author: Michael D. Currie

Does Iowa’s Health Care External Revi...

ABSTRACT: The Patient Protection and Affordable Care Act (“ACA”) established a federal external review process that...

Does Iowa’s Health Care External Review Process Replace Common-Law Rights?
posted on: Mar 1, 2014 | author: Wade S. Hauser

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