Review Essay: The Limits of Their World
By Robert Hockett. Full text here.
Continue ReadingNote: From House to Home: Creating a Right to Early Lease Termination for Domestic Violence Victims
By Anne C. Johnson. Full text here. Domestic violence remains one of society’s most pervasive and complicated problems. Among the complexities lies a victim’s difficult decision to leave an abuser. In an overwhelming majority of states, domestic violence victims also face the financial burden of terminating their residential leases when deciding to flee abuse. Such monetary…
Continue ReadingNote: Establishing a Substantial Limitation in Interacting with Others: A Call for Clearer Guidance from the EEOC
By Lisa M. Benrud-Larson. Full text here. Congress enacted the Americans with Disabilities Act (ADA) with the goal of providing clear and consistent standards for eliminating discrimination against persons with disabilities. To be disabled within the meaning of the ADA, a person must have a physical or mental impairment that substantially limits a major life activity.…
Continue ReadingAn Embedded Options Theory of Indefinite Contracts
By George S. Geis. Full text here. Option theory is beginning to generate robust insights in the legal literature, and it is particularly well-suited to contract law. This Article develops an embedded options theory of indefinite contracts, focusing on the proper scope of the indefiniteness doctrine—a core principle of contract law invalidating contracts that are too…
Continue ReadingGovernment Regulation of Irrationality: Moral and Cognitive Hazards
By Jonathan Klick & Gregory Mitchell. Full text here. Behavioral law and economics scholars who advance paternalistic policy proposals typically employ static models of decision-making behavior, despite the dynamic effects of paternalistic policies. This Article considers how paternalistic policies fare under a dynamic account of decision making that incorporates learning and motivation effects. This approach brings…
Continue ReadingThe Need for Mead: Rejecting Tax Exceptionalism in Judicial Deference
By Kristin E. Hickman. Full text here. This Article takes the controversial position that Treasury regulations are entitled to judicial deference under the Chevron doctrine, as clarified by the Supreme Court in the more recent Mead case, whether those regulations promulgated pursuant to specific authority delegated in a substantive provision of the Internal Revenue Code…
Continue ReadingNote: Compulsory Process and the War on Terror: A Proposed Framework
By Megan A. Healy. Full text here. The War on Terror has presented numerous questions never before examined in our constitutional jurisprudence. The challenges imposed on our legal system since 9/11 compel the judiciary to protect constitutional rights in the most difficult of circumstances. One of these challenges requires our civilian criminal justice system to reconcile…
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