Northwestern University Law Review

Scholarly journal that features legal commentary, emerging developments, topic analysis, and controversial issue debate.

Articles from Vol. 97, No. 2, Winter

A Signaling Theory of Human Rights Compliance
Essay INTRODUCTION For years international law scholarship generally assumed that nations tend to comply with international law.1 As Louis Henkin famously phrased it, "almost all nations observe almost all principles of international law and almost all...
A Signaling Theory of Human Rights Compliance
INTRODUCTIONFor years international law scholarship generally assumed that nations tend to comply with international law.1 As Louis Henkin famously phrased it, "almost all nations observe almost all principles of international law and almost all of their...
Director Primacy: The Means and Ends of Corporate Governance
I. INTRODUCTION Since Ronald Coase's famous article The Nature of the Firm appeared over six decades ago,1 both economists and legal scholars have devoted considerable attention to the theory of the firm.2 Over time, this body of work generated a substantial...
Director Primacy: The Means and Ends of Corporate Governance
I. INTRODUCTIONSince Ronald Coase's famous article The Nature of the Firm appeared over six decades ago,1 both economists and legal scholars have devoted considerable attention to the theory of the firm.2 Over time, this body of work generated a substantial...
Guilt by Saturation: Media Liability for Third-Party Violence and the Availability Heuristic
INTRODUCTION There isn't a boy or a young lad tried at our Courts of Justice whose position there is not more or less due to the effect of unwholesome literature upon his mind.1 Although these words were written in 1885, they depict a common modern complaint...
Guilt by Saturation: Media Liability for Third-Party Violence and the Availability Heuristic
INTRODUCTIONThere isn't a boy or a young lad tried at our Courts of justice whose position there is not more or less due to the effect of unwholesome literature upon his mind.1Although these words were written in 1885, they depict a common modern complaint...
Internet Surveillance Law after the USA Patriot Act: The Big Brother That Isn't
INTRODUCTION Following the September 11 terrorist attacks on New York and Washington, Congress rushed into action and quickly passed antiterrorism legislation known as the USA Patriot Act.1 The Patriot Act has been widely understood as a "sweeping"2...
Internet Surveillance Law after the USA Patriot Act: The Big Brother That Isn't
INTRODUCTIONFollowing the September 11 terrorist attacks on New York and Washington, Congress rushed into action and quickly passed antiterronsm legislation known as the USA Patriot Act.1 The Patriot Act has been widely understood as a "sweeping"2 antiterrorism...
Law, Environment, and Vision
INTRODUCTION [A]nalytic effort is of necessity preceded by a preanalytic cognitive act that supplies the raw material for the analytic effort .... [T]his preanalytic cognitive act will be called Vision.1 Environmental law rests uncomfortably between...
Law, Environment, and Vision
INTRODUCTION[A]nalytic effort is of necessity preceded by a preanalytic cognitive act that supplies the raw material for the analytic effort . . . . [T]his preanalytic cognitive act will be called Vision.1Environmental law rests uncomfortably between...
One for You and One for Me: Is Title IX's Sex-Based Proportionality Requirement for College Varsity Athletic Positions Defensible?
I. INTRODUCTION Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in federally funded programs. With respect to intercollegiate athletics, Title IX has been interpreted by the Office for Civil Rights (OCR) and...
One for You and One for Me: Is Title IX's Sex-Based Proportionality Requirement for College Varsity Athletic Positions Defensible?
I. INTRODUCTIONTitle IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in federally funded programs. With respect to inter-collegiate athletics, Title IX has been interpreted by the Office for Civil Rights (OCR) and...
Phoenix Grounded: The Impact of the Supreme Court's Changing Preemption Doctrine on State and Local Impediments to Airport Expansion
INTRODUCTION Amidst its gradual contouring of a decentralized federal structure, the Supreme Court has subtly reshaped the principles of federal preemption of state laws. One might expect that the Court's shift would consistently favor states at the...
Phoenix Grounded: The Impact of the Supreme Court's Changing Preemption Doctrine on State and Local Impediments to Airport Expansion
INTRODUCTIONAmidst its gradual contouring of a decentralized federal structure, the Supreme Court has subtly reshaped the principles of federal preemption of state laws. One might expect that the Court's shift would consistently favor states at the expense...
Taking "Efficient Markets" out of the Fraud-on-the-Market Doctrine after the Private Securities Litigation Reform Act
INTRODUCTION In Basic, Inc. v. Levinson,1 the Supreme Court opened the federal court doors far wider than ever before to securities fraud class action plaintiffs. Before Basic, plaintiffs bringing a Rule 10b-5(2) securities fraud claim against a company...
Taking "Efficient Markets" out of the Fraud-on-the-Market Doctrine after the Private Securities Litigation Reform Act
INTRODUCTIONIn Basic, Inc. v. Levinson,1 the Supreme Court opened the federal court doors far wider than ever before to securities fraud class action plaintiffs. Before Basic, plaintiffs bringing a Rule 10b-5(2) securities fraud claim against a company...
The Waiver Paradox
I. INTRODUCTION There is a paradox in constitutional law, revealed by a simple question: Can individuals give up constitutional rights in exchange for a benefit from the government? The answer is that it depends; but it depends in a quite accidental...
The Waiver Paradox
I. INTRODUCTIONThere is a paradox in constitutional law, revealed by a simple question: Can individuals give up constitutional rights in exchange for a benefit from the government? The answer is that it depends; but it depends in a quite accidental way....
Thinking Race, Making Nation
reviewing THE ANATOMY OF RACIAL INEQUALITY By Glenn C. Loury. Harvard University Press, 2002. Christopher A. Bracey* [T]he real inequality that is produced by fortune or by law is always succeeded by an imaginary inequality that is implanted in the manners...
Thinking Race, Making Nation
I. INTRODUCTIONWe live in a race-conscious culture. As Americans, we are a nation of people who self-consciously chose to adopt a vision of society that embraced lofty ideals of individual freedom and democracy along with powerful mechanisms for devastating...