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Now showing items 31-40 of 43
Insights from Cognitive Psychology
(Journal of Legal Education, 2004)
My goal in this paper is to explore cognitive psychology's place in the dispute resolution field. To do so, I first look back and then look forward. Looking back, I identify the five insights from cognitive psychology that ...
Endangered Species Act Innovations in the Post-Babbittonian Era--Are There Any?
(Duke Environmental Law & Policy Forum, 2004)
One of the mysteries of environmental policy in the Bush Administration will be how and why it squandered an opportunity to continue market-based administrative reforms of the Endangered Species Act begun, ironically, in ...
The Myth of What is Inevitable Under Ecosystem Management: A Response to Pardy
(Pace Environmental Law Review, 2004)
This article, second in a five-part dialogue appearing in the Pace ELR, responds to Professor Bruce Pardy's initial evaluation of ecosystem management. I defend ecosystem management, arguing it is not directed at changing ...
Taking Adaptive Management Seriously: A Case Study of the Endangered Species Act
(Kansas Law Review, 2004)
If one compares the way in which the ESA was implemented in 1982 to the way it is today, the list of differences would far outweigh the similarities. Indeed, the ESA has been transformed so much through administrative ...
Judicial Review of Agency Inaction: An Arbitrariness Approach
(New York University Law Review, 2004)
This Article contends that the current law governing judicial review of agency inaction,
though consistent with the prevailing theory of agency legitimacy, is inconsistent with the founding principles of the administrative ...
Other Disciplines, Methodologies, and Countries: Studying Courts and Crisis
(Missouri Law Review, 2004)
How do governments and their citizens respond to fear and risk in times of crisis? Dr. Lee Epstein and Professor Christina Wells, in papers presented on the final symposium panel focus in particular on the Supreme Court's ...
States, Courts, and Founders: Remarks on Killenbeck
(Arkansas Law Review, 2004)
Among the matters that have occupied scholars of the Constitution of the United States, four related themes have frequently recurred. One concerns the character of the founding. The second concerns the ongoing implications ...
The Denominator Blindness Effect: Accident Frequencies and the Misjudgment of Recklessness
(American Law and Economics Review, 2004)
People seriously misjudge accident risks because they routinely neglect relevant information about exposure. Such risk judgments affect both personal and public policy decisions, e.g., choice of a transport mode, but also ...
Beyond Blakely
(Federal Sentencing Reporter, 2004)
Federal criminal sentencing in the wake of Blakely v. Washington is, to put it charitably, a mess. In holding that Blakely's sentence under the Washington State Sentencing Guidelines was imposed in a manner inconsistent ...
Heuristics and Biases at the Bargaining Table
(Marquette Law Review, 2004)
In this essay, written for a symposium on The Emerging Interdisciplinary Cannon of Negotiation, we examine the role of heuristics in negotiation from two vantage points. First, we identify the way in which some common ...