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Now showing items 21-30 of 43
Prescribing the Right Dose of Peer Review for the Endangered Species Act
(Nebraska Law Review, 2004)
....what I examine here is whether scientific-style peer review, depending on how it is dosed out, could be counterproductive for environmental law.The use of peer review as a component of regulatory procedure has not ...
The Blockbuster Punitive Damages Awards
(Emory Law Journal, 2004)
This paper provides an analysis of sixty-four punitive damages awards of at least $100 million. Based on an inventory of these cases, there is evidence that these blockbuster awards are highly concentrated geographically, ...
The Divergence of Constitutional and Statutory Interpretation
(Colorado Law Review, 2004)
There is a peculiar point of agreement between prominent defenders of originalist and dynamic interpretive methods, that their preferred interpretive approach applies not just to statutes or to the Constitution, but to ...
Principles of Influence in Negotiation
(Marquette Law Review, 2004)
Negotiation is often viewed as an alternative to adjudication. In fact, however, negotiation and adjudication may be more alike than different because each is a process of persuasion. Both in the courtroom and at the ...
Past, Present, and Future Trends of the Endangered Species Act
(Public Land and Resources Law Review, 2004)
this article is designed to convince readers that the past, present, and future trends of the ESA are all the same. To provide context, Part I presents a brief overview of the structure of the statute and the kinds of ...
Is Atkins the Antithesis or Apotheosis of Anti-Discrimination Principles? Sorting Out the Groupwide Effects of Exempting People with Mental Retardation from the Death Penalty
(Alabama Law Review, 2004)
In "Atkins v. Virginia", the U.S. Supreme Court held that people with mental retardation may not be executed. z Many advocates for people with disability cheered the decision, because it provides a group of disabled people ...
Induced Litigation
(Northwestern University Law Review, 2004)
If "justice delayed" is "justice denied,"justice is often denied in American courts. Delay in the courts is a "ceaseless and unremitting problem of modem civil justice" that "has an irreparable effect on both plaintiffs ...
Apology and Thick Trust: What Spouse Abusers and Negligent Doctors Might Have in Common
(Chicago-Kent Law Review, 2004)
As apology advocates have previously emphasized, much of the civil litigation that clogs court dockets in America today could be avoided with a simple heartfelt apology. Although sometimes difficult to offer, these expressions ...
How Different is Death? Jury Sentencing in Capital and Non-Capital Cases Compared
(Ohio State Journal of Criminal Law, 2004)
Drawing upon a recent study of felony jury sentencing in Kentucky, Virginia, and Arkansas, this essay highlights some of the similarities and differences between jury sentencing in capital cases and jury sentencing in ...
Risk Realization, Emotion, and Policy Making
(Missouri Law Review, 2004)
In their study of terrorism and SARS, Professor Feigenson and his colleagues report "significant positive correlations between people's risk perceptions and their negative affect." In their review of the judgment and ...