Browsing Law School by Title
Now showing items 1008-1027 of 1362
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(Jotwell: The Journal of Things We Like (Lots), 2020-07-02)States have increasingly resorted to statistically-derived risk algorithms to determine when diversion from prison should occur, whether sentences should be enhanced, and the level of security and treatment a prisoner ...
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(Duke Journal of Comparative & International Law, 2010)The prohibition on the use of reprisals is widely regarded as one of the most sacrosanct statements of the jus in bello applicable to the conduct of modern hostilities. The textual formulations are stark and subject to no ...
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(Harvard Environmental Law Review, 2017)This article explores the growing federalism tensions in efforts to expand the nation’s energy transportation infrastructure — the electric transmission lines, natural gas pipelines, natural gas import and export terminals ...
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(Environmental Law, 2007)Much has been written lately in legal scholarship about the role of science in policy and the role of policy in science - and perhaps in no field of law has more been said about them than environmental law. Yet asking the ...
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(Wisconsin Law Review, 1994)Recent policy-effect studies denounce judicial review for its adverse effects on agency decisionmaking. In its strong version, the policy-effect thesis suggests that judicial review has paralized innovative agency ...
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Redistribution Through Discriminatory Taxes: A Contractarian Explanation of the Role of the Courts (George Mason Law Review, 1998)What role should courts serve regarding wealth redistribution through tax provisions? Perhaps they should base decisions on efficiency grounds, protecting society from the transactions costs and other wealth reductions ...
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(NYU Annual Survey of American Law, 2005)In recent times, no development has transformed the practice of criminal justice as much as DNA evidence. In little over fifteen years, DNA profiling has produced nothing short of a paradigm shift.1 For police and prosecutors, ...
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(Journal of Risk and Uncertaintyhttp://www.springer.com.proxy.library.vanderbilt.edu/economics/economic+theory/journal/11166, 2011)The gap between willingness-to-pay (WTP) and willingness-to-accept (WTA) benefit values typifies situations in which reference points — and direction of movement from reference points — are consequential. Why WTA-WTP ...
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(Pacific Rim Law & Policy Journal, 2013)In June 2012, Professor Haley was awarded the Order of the Rising Sun (3rd Class) from the Emperor of Japan for his contribution to the discipline of Japanese law and education to Japanese legal professionals and academics. ...
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(Berkeley Business Law Journal, 2004)In this Article, I turn to the history of corporate law for insight into the role that the corporate form plays in the organization of business enterprises. I then draw implications from this history for thinking about ...
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(Politico Magazine, 2016-11-01)The debate over federal regulation has long been at the center of political contests. But surprisingly, the degree of agreement about regulation is considerable. No serious commentator denies that regulation is essential ...
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(Columbia Law Review, 2008)Commentators have long debated how to reform the controversial Rule 1Ob-5 class action without pausing to ask whether the game is worth the candle. Is private enforcement of Rule lOb-5 worth preserving, or might we be ...
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(Vanderbilt Journal of Transnational Law, 2018)Proportionality functions as one of the most important legal constraints applicable to the conduct of hostilities. In that context, this short essay discusses the commonly encountered misapplications of Cicero's classic ...
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(Fordham International Law Journal, 2017)The reception of refugees and asylum seekers has emerged as one of the most critical contemporary global issues. In 2015, the world experienced the most forced migrants since World War II. This essay compares the treatment ...
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(Southwestern Law Journal, 1991)This Article does not attempt to resolve all the compelling questions posed by the conflicting policy objectives associated with the ESA. Rather, the Article focuses on an important emerging issue - the concept of a regional ...
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(Southwestern Law Journal, 1991)To many, the ESA is the epitome of an anti-growth agenda, seemingly used as a pretext for stopping development rather than for the ostensible purpose of species protection. To its staunch supporters, however, the ESA ...
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(Harvard Business Law Review, 2011)Like bank deposits, money market instruments function in important ways as "money." Yet our financial regulatory regime does not take this proposition seriously. The (non-government) issuers of money market instruments-almost ...
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(DePaul Law Review, 2007)Consider what plea bargains would be like if legal rules were taken more seriously than they currently are. A court would recognize a defendant's willingness to be convicted of an offense only when certain conditions were ...
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(University of Chicago Law Review, 1996)Since the 1970s, there has been a tremendous growth in government regulation pertaining to risk and the environment. These efforts have emerged quite legitimately because market processes alone cannot fully address ...
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(Duke Law Journal, 2021)We live in an era of widening geographic inequality. Around the country, the spread between economically and culturally thriving places and those that are struggling has been increasing. "Superstar" cities like New York, ...