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Customizing Employment Arbitration
(Iowa Law Review, 2012)
According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the ...
Victims and Prison Release: A Modest Proposal
(Federal Sentencing Reporter, 2006)
The political right pushes for the strengthening of our criminal justice system by expanding victims' rights at the expense of defendant protections. The political left advocates the gradual replacement of the criminal ...
On Apology and Consilience
(Washington Law Review, 2002)
This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing ...
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 ...
Outsourcing, Modularity, and the Theory of the Firm
(Brigham Young University Law Review, 2011)
Firms have increasingly moved productive activities from within to outside the firm through outsourcing arrangements. According to some estimates, the value of outsourcing contracts has been nearly 100 billion dollars per ...
Mistake of Federal Criminal Law: A Study of Coalitions and Costly Information
(Supreme Court Economics Review, 1996)
This article analyzes Supreme Court and other federal court cases, to explain the seemingly disparate incorporation of mistake of law excuses into federal criminal statutes. Most of the cases can be explained from an ...
Economics, Behavioral Biology, and Law
(Supreme Court Economic Review, 2011)
The article first compares economics and behavioral biology, examining the assumptions, core concepts, methodological tenets, and emphases of the two fields. Building on this, the article then compares the applied ...
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 ...
Preemption and Choice-of-Law Coordination
(Michigan Law Review, 2013)
The doctrine treating federal preemption of state law has been plagued by uncertainty and confusion. Part of the problem is that courts purport to interpret congressional intent when often Congress has never considered the ...
Customizing Employment Arbitration
(Iowa Law Review, 2012)
According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the ...