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Now showing items 1-10 of 29
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 ...
Individual Rationality, Hazard Warnings, and the Foundations of Tort Law
(Rutgers Law Review, 1996)
If all people were fully rational and cognizant of all the risks they faced, then they would always select an efficient level of safety in all their activities and other choices. Thus people would trade off the potential ...
The Sleep of Reason
(Georgetown Law Journal, 1996)
A very strange thing is happening in legal academia. The left and the right have joined forces, and the center is under attack. What makes this so unusual is that law has traditionally been a field of centrists. The common ...
Juror Delinquency in Criminal Trials in America, 1796-1996
(Michigan Law Review, 1996)
This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. ...
Nameless Justice: The Case for the Routine Use of Anonymous Juries in Criminal Trials
(Vanderbilt Law Review, 1996)
We ask a lot of our jurors. The financial and emotional burdens of jury duty can be significant even in mundane cases. Deciding another's fate is often a trying ordeal, aggravated by unintelligible instructions, hostile ...
Having it Both Ways: Proof That the U.S. Supreme Court is "Unfairly" Prosecution-Oriented
(Florida Law Review, 1996)
If the assertions that this essay makes about the Court's "unfair" prosecution-orientation withstand scrutiny,"3 two further conclusions might follow. First, the highest court in the country is so fixated on ensuring that ...
The Pariah Principle
(Constitutional Commentary, 1996)
The Supreme Court's recent decision in Romer v. Evans' has caused both joy and consternation. Among legal scholars, however, it has mostly engendered puzzlement. The Court explicitly avoided the most doctrinally plausible ...
Testilying: Police Perjury and What to Do About It
(University of Colorado Law Review, 1996)
Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to ...
Regulating the Regulators
(University of Chicago Law Review, 1996)
Since the 1970s, there has been a tremendous growth in government regulation pertaining to risk and the environment. These efforts have emerged quite legitimately because market processes alone cannot fully address ...