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Now showing items 501-508 of 508
The Evolution and the Expression of Biases
(Evolution and Human Behavior, 2012)
The endowment effect is the seemingly irrationally tendency to immediately value a possessed item more than the opportunity to acquire the identical item when one does not already possess it. The phenomenon has broad legal ...
The Imaginary Constitution
(Georgetown Journal of Law & Public Policy, 2019)
How many ways can conservatives spin an originalist tale to support their deregulatory, small-government vision? The answer is apparently infinite. In a new book, Gary Lawson and Guy Seidman are the latest in a long line ...
Why Choose? A Response to Rachlinski, Wistrich, & Guthrie's "Heart Versus Head: Do Judges Follow the Law or Follow Their Feelings?"
(Texas Law Review, 2015)
In "Heart Versus Head," Rachlinski, Guthrie, and Wistrich present experimental findings suggesting that judges sometimes rule on the basis of emotion rather than reason. Though there is much of value in their findings, ...
Too-Big-to-Fail Shareholders
(2018)
In June 2017, Spain's Banco Popular, the country's fifth largest bank, failed in an orderly fashion-vindicating, it seemed, the rules put in place to manage such insolvencies following the 2008 Financial Crisis.' Weighed ...
Revolving Elites: The Unexplored Risk of Capturing the SEC
(Georgetown Law Journal, 2019)
Fears have abounded for years that the sweet spot for capture of regulatory agencies is the "revolving door" whereby civil servants migrate from their roles as regulators to private industry. Recent scholarship on this ...
"Sorry" Is Never Enough: How State Apology Laws Fail to Reduce Medical Malpractice Liability Risk
(Stanford Law Review, 2019)
Abstract. Based on case studies indicating that apologies from physicians to patients can promote healing, understanding, and dispute resolution, thirty-nine states (and the District of Columbia) have sought to reduce ...
The Pregnancy Penalty
(Minnesota Law Review, 2018)
It is difficult to know what to expect when you are expecting, particularly in the workplace. A woman may be delighted to
share the news of her pregnancy with friends and family, yet approaching that same discussion with ...
Proposed Reforms to Texas Judicial Selection: Panelist Remarks
(Texas Review of Law and Politics, 2019)
I am going to set the stage by providing a little background about the various methods that States around the country use to
select their judges. I am also going to remind us of many of the considerations that we like to ...