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What Are We Comparing in Comparative Negligence?
(Washington University Law Review, 2007)
In tort cases, comparative negligence now is the dominant method for determining damages. Under that method, the jury apportions fault among the parties and assesses damages in proportion to the relative fault assessment. ...
Six Degrees of Cass Sunstein
(Green Bag 2d, 2007)
Degrees of separation is a concept that is intuitive and appealing in popular culture as well as academic discourse: It tells us something about the connectedness of a particular field. It also reveals paths of influence ...
The Most Dangerous Justice Rides into the Sunset
(Constitutional Commentary, 2007)
In this essay, our third and last in a series, we employ our previously developed techniques to measure the power of the Justices in the Rehnquist Court over its full 11 year run. Once again, Justice Kennedy rises to the ...