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Now showing items 21-30 of 51
The Right to Voice Reprised
(Seton Hall Law Review, 2010)
This article appears in a symposium issue of Seton Hall Law Review on courtroom epistemology. In Proving the Unprovable: The Role of Law, Science and Speculation in Adjudicating Culpability and Dangerousness, I argued that ...
Climate Change Adaptation and the Structural Transformation of Environmental Law
(Environmental Law, 2010)
The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation ...
The Alien Tort Statute and Federal Common Law: A New Approach
(Notre Dame Law Review, 2010)
Federal courts faced with Alien Tort Statute cases have applied customary international law to some issues and federal common law to others. This binary approach is analogous in certain respects to a Bivens action, with ...
The Future of Agency Independence
(Vanderbilt Law Review, 2010)
Independent agencies have long been viewed as different from executive-branch agencies because the President lacks authority to fire their leaders for political reasons, such as failure to follow administration policy. In ...
Do Class Action Lawyers Make Too Little?
(University of Pennsylvania Law Review, 2010)
Class action lawyers are some of the most frequently derided players in our system of civil litigation. It is often asserted that class action lawyers take too much from class judgments as fees, that class actions are ...
ISS Recommendations and Mutual Fund Voting on Proxy Proposals
(Villanova Law Review, 2010)
This article analyzes mutual fund voting data from 2003-2008, the first
five proxy seasons for which this data is available, and seeks to identify
the extent to which mutual funds vote consistently with the voting ...
Right Problem; Wrong Solution
(California Law Review Circuit, 2010-08)
In Boumediene v. Bush, the Supreme Court, in a powerful and eloquent majority opinion by Justice Anthony Kennedy, vindicated the right of a non-U.S. citizen, held in custody at a military base outside the United States, ...
Climbing Mount Mitigation: A Proposal for Legislative Suspension of Climate Change "Mitigation Litigation"
(Journal of Energy, Climate, and the Environment, 2010)
This Article has been in press for several months without opportunity for updating, and thus does not reflect EPA’s Clean Air Act rule promulgations and several other relevant events. Nevertheless, the basic thrust of the ...
Punitive Damages by Numbers: Exxon Shipping Co. v. Baker
(Supreme Court Economic Review, 2010)
The U.S. Supreme Court decision in Exxon Shipping Co. v. Baker is a landmark that establishes an upper bound ratio of punitive damages to compensatory damages of 1:1 for maritime cases, with potential implications for other ...
Government Dragnets
(Law and Contemporary Problems, 2010)
This article examines group-focused police investigation techniques - for instance, roadblocks, drug testing programs, area or industry-wide health and safety inspections, data mining, and camera surveillance - a phenomenon ...