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Volume 108 - Issue 6

Decentralized and Anomalous Interpretation of Chinese Private Law: Understanding a Bureaucratic and Political Judicial System

Decentralized and Anomalous Interpretation of Chinese Private Law: Understanding a Bureaucratic and Political Judicial System By Yun-chien Chang & Ke Xu. Full text here. China developed without clear entitlements, creating the China Puzzle for law and development theorists. But fundamental statutes regarding contract, torts, and property have now been enacted. Will clear delineation of private…

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Positive and Negative Externalities in Real Estate Development

Positive and Negative Externalities in Real Estate Development By, Richard A. Epstein. Full text here. In this Article, I offer a unified framework for dealing with positive and negative externalities in real estate transactions. The initial move starts in an imagined world in which a single person owns all real estate, which is then sold…

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The Most Integrated Setting: Olmstead, Fry, and Segregated Public Schools for Students with Disabilities

By Trevor Matthews. Full text here. Can school districts force students with disabilities to attend schools that segregate them from their peers without disabilities? Case law resulting from federal special education law, particularly the Individuals with Disabilities Education Act (IDEA), has generally indicated that the answer to this question is yes. In fact, in 2015, almost…

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Solving the Problem of Problem-Solving Justice: Rebalancing Federal Court Investment in Reentry and Pretrial Diversion Programs

By Devin T. Driscoll. Full text here. This Note explores the creation of so-called problem-solving courts, including state drug courts and federal reentry courts, as well as the future of this kind of reform within the federal criminal justice system. It traces the development of problem-solving courts, beginning first with state drug courts in the…

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Social Influences on Policy Preferences: Conformity and Reactance

By Meirav Furth-Matzkin & Cass R. Sunstein. Full text here. Social norms have been used to nudge people toward specified outcomes in various domains. But can people be nudged to support, or to reject, proposed government policies? How do people’s views change when they learn that the majority approves of a particular policy, or that…

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Behavioral Claim Construction

By Jeremy W. Bock. Full text here. Existing proposals for enhancing predictability in patent claim interpretation focus primarily on the process of adjudication and doctrinal issues, while rarely delving into the underlying psychological and environmental factors that might influence different readers to interpret the same claim very differently. Drawing on lessons from behavioral economics and cognitive…

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Globalization Without a Safety Net: The Challenge of Protecting Cross-Border Funding of NGOs

By Lloyd Hitoshi Mayer. Full text here. More than fifty countries around the world have sharply increased legal restrictions on domestic nongovernmental organizations (NGOs) that receive funding from outside their home country and the foreign NGOs that provide such funding. These restrictions include requiring advance government approval before a domestic NGO can accept cross-border funding, requiring…

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Categorizing Student Speech

By Alexander Tsesis. Full text here. Primary and secondary school student speech cases raise a variety of conflicting concerns about civic growth, intellectual development, school discipline, and judicial discretion. This Article explains how courts should address the internal conflict within jurisprudence that, on the one hand, recognizes students retain their First Amendment rights, and, on the…

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Admissions of Guilt in Civil Enforcement

By Verity Winship & Jennifer K. Robbennolt. Full text here. Should agencies require admissions of wrongdoing from the targets of civil enforcement? Administrative agencies rely heavily on settlement as a key enforcement tool. Admissions of wrongdoing—or, more commonly, declarations that nothing is admitted—form part of these settlement agreements and the underlying negotiations. The Securities and…

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