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Why Liberals Should Chuck the Exclusionary Rule
(University of Illinois Law Review, 1999)
This article makes the case against the exclusionary rule from a "liberal" perspective. Moving beyond the inconclusive empirical data on the efficacy of the rule, it uses behavioral and motivational theory to demonstrate ...
A Black Critique of the Internal Revenue Code
(Wisconsin Law Review, 1996)
Using Census data and the Survey of Income Program participation (SIPP), the authors use social science methodology to show that blacks pay more federal income tax than whites at the same income levels.
Complexity Theory as a Paradigm for the Dynamical Law-and-Society System: A Wake-up Call for Legal Reductionism and the Modern Administrative State
(Duke Law Journal, 1996)
This article is the first in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It builds the basic model of CAS and maps it onto legal systems, offering some suggestions ...
"Statutory NonDelegation": Learning from Florida's Recent Experience in Administrative Procedure Reform
(Widener Journal of Public Law, 1999)
In this Article, I assess one of the more notable reforms Florida made to its APA in 1996 with the intention of enhancing the accountability of agency rulemaking, and I discuss the lessons other state reformers can learn ...
Smoking Status and Public Responses to Ambiguous Scientific Risk Evidence
(Southern Economic Journal, 1999)
Situations in which individuals receive information seldom involve scientific consensus over the level of the risk. When scientific experts disagree, people may process the information in an unpredictable manner. The ...
Public Values and Private Virtue
(Hastings Law Journal, 1994)
Professor Novak's article' is a much-needed breath of fresh air, because of both its historical approach and its rejection of a paradigm of pure individualism. Professor Novak eloquently reminds us that constitutional ...
The Co-Evolution of Sustainable Development and Environmental Justice: Cooperation, Then Competition, Then Conflict
(Duke Environmental Law & Policy Forum, 1999)
This article explores sustainable development and environmental justice as potentially conflicting policy goals. Sustainable development includes equity as one of its five dimensions (in addition to environment, economy, ...
Technologically-Assisted Physical Surveillance: The American Bar Association's Tentative Draft Standards
(Harvard Journal of Law & Technology, 1997)
As the name implies, the American Bar Association's Tentative Draft Standards Concerning Technologically-Assisted Physical Surveillance is a work in progress...Final approval by the ABA hierarchy is still some time away, ...
Utility Functions that Depend on Health Status: Estimates and Economic Implications
(The American Economic Review, 1990)
Taylor's series and logarithmic estimates of health state-dependent utility functions
both imply that job injuries reduce one's utility and marginal utility of income, thus rejecting the monetary loss equivalent formulation. ...
Minority Law Teachers Conference
(Saint Louis University Public Law Review, 1991)
The 1990 Minority Law Teachers Conference was dedicated to expanding the number of minorities in law teaching. To this end, the volume addresses a wide variety of concerns for new and veteran teachers including: teaching, ...