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What is the Essential Fourth Amendment?
(Texas Law Review, 2012)
In More Essential Than Ever: The Fourth Amendment in the Twenty-First Century, Stephen Schulhofer provides a strong, popularized brief for interpreting the Fourth Amendment as a command that judicial review precede all ...
Law and Economics as a Pillar of Legal Education
(Review of Law and Economics, 2012)
This paper reports the distribution of doctoral degrees in economics and in other fields among faculty at the 26 highest ranked law schools. Almost one-third of professors at the top 13 law schools have a Ph.D. degree, ...
Islamic Law Meets ERISA: How America's Private Pension System Unintentionally Discriminates Against Muslims and What to Do About It
(University of California at Davis Law Review, 2012)
This article asks whether Muslims whose religious beliefs prevent investment in their employers’ private pension plans have a right to religious accommodation. This is a real issue for a growing part of the population whose ...
Non-Capital Habeas Cases After Appellate Review: An Empirical Analysis
(Federal Sentencing Reporter, 2012)
n 2007, researchers from the National Center for State Courts and Vanderbilt University Law School reported the findings from a study of litigation in 2384 randomly selected, non-capital habeas cases, approximately 6.5% ...
The Value of a Statistical Life: Evidence from Panel Data
(Review of Economics and Statistics, 2012)
This article addresses fundamental long-standing concerns in the compensating wage differentials literature and its public policy implications: the econometric properties of estimates of the value of statistical life (VSL) ...
When 10 Trials are Better than 1000: An Evidentiary Perspective on Trial Sampling
(University of Pennsylvania Law Review, 2012)
In many mass tort cases, separately trying all individual claims is impractical, and thus a number of trial courts and commentators have explored the use of statistical sampling as a way of efficiently processing claims. ...
Lafler v. Cooper and AEDPA
(Yale Law Journal Online, 2012)
The Supreme Court in Missouri v. Frye1 and Lafler v. Cooper2 broke new ground by holding for the first time that a defendant’s right to the effective assistance of counsel under the Sixth Amendment can be violated by the ...
Supply and Demand: Barriers to a New Energy Future
(Vanderbilt Law Review, 2012)
Like many fields, energy law has had its ups and downs. A period of remarkable activity in the 1970s and early 1980s focused on the efficiencies arising from deregulation of energy markets, but the field attracted much ...
An Empirical Assessment of Climate Change in the Courts: A New Jurisprudence or Business as Usual?
(Florida Law Review, 2012)
While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces ...
Agency Coordination in Shared Regulatory Space
(Harvard Law Review, 2012)
This Article argues that inter-agency coordination is one of the great challenges of modern governance. It explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to "share ...