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Lessons from the Procedural Politics of the "Comprehensive" National Energy Policy Act of 1992
(Harvard Environmental Law Review, 1995)
This Article examines the political and procedural history of the EPAct in order to arrive at some general lessons and recommendations regarding congressional formation of energy policy. At least two commentators on the ...
Responsible Republicanism: Educating for Citizenship
(The University of Chicago Law Review, 1995)
The United States Supreme Court has long recognized what none of us can doubt: education is vital to citizenship in a democratic republic. Moreover, because the Court has left open the question whether there might be a ...
Section 7(a)(1) of the "New" Endangered Species Act: Rediscovering and Redefining the Untapped Power of Federal Agencies' Duty to Conserve Species
(Environmental Law, 1995)
This article probes the history, meaning, and potential applications of section 7(a)(1) of the Endangered Species Act, which by its terms imposes a "duty to conserve" on all federal agencies. The article examines how ...
Medical Malpractice Insurance in the Wake of Liability Reform
(The Journal of Legal Studies, 1995)
This article examines the effect of the liability reforms on medical malpractice insurance over the 1984-91 period. This is the first study to use data by firm and by state for every firm writing medical malpractice insurance ...
Ownership and control : rethinking corporate governance for the twenty-first century
(Brookings Institution, 1995)
Is the Radical Critique of Merit Anti-Semitic?
(California Law Review, 1995)
Conventional concepts of merit are under attack by some Critical Legal Scholars, Critical Race Theorists, and radical feminists. These critics contend that "merit" is only a social construct designed to maintain the power ...
Portioning Punishment: Constitutional Limits on Successive and Excessive Penalties
(University of Pennsylvania Law Review, 1995)
There has been a remarkable increase during the last decade in the imposition of overlapping civil, administrative, and criminal sanctions for the same misconduct,' as well as a steady rise in the severity of those sanctions.2 ...
Workers' Compensation and Injury Duration: Evidence from a Natural Experiment
(The American Economic Review, 1995)
This paper examines the effect of workers' compensation on time out of work. It
introduces a "natural experiment" approach of comparing individuals injured
before and after increases in the maximum weekly benefit amount. ...
Our Unconstitutional Senate
(Constitutional Commentary, 1995)
In the race to the bottom that characterizes this Symposium, I cast my vote for Article I, section 3: "The Senate of the United States shall be composed of two Senators from each State .... Indeed, were this provision not ...
Progressive Regression
(Stanford Law Review, 1995)
Robin West has written a book that every constitutional scholar would like
to like. In Progressive Constitutionalism, she promises us a new and historically
accurate interpretation of the Fourteenth Amendment that will ...