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Now showing items 1-10 of 36
Let's Not Bury TERRY: A Call for Rejuvenation of the Proportionality Principle
(St. John's Law Review, 1998)
Thirty years ago, "Terry v. Ohio" established a conceptual framework for the Fourth
Amendment that makes more sense than any alternative the
courts or commentators have come up with since. That frame-work,
which I call ...
Teen Smoking Behavior and the Regulatory Environment
(Duke Law Journal, 1998)
Professor Hersch argues that most state regulations aimed at fighting teen smoking have had little or no effect. She provides evidence that despite widespread age restrictions on purchasing tobacco, most teens do not ...
Should Labor be Allowed to Make Shareholder Proposals?
(Washington Law Review, 1998)
In this Article, we investigate whether labor unions and related entities should be permitted to continue to make shareholder proposals using Rule 14a-8 of the federal securities laws. We focus on the claim that labor is ...
Estimation of Revealed Probabilities and Utility Functions for Product Safety Decisions
(The Review of Economics and Statistics, 1998)
Using survey data on consumer product purchases, this paper introduces an approach to estimate jointly individual utility functions and risk perceptions implied by their decisions. The behavioral risk beliefs reflected in ...
Taming the Suburban Amoeba in the Ecosystem Age: Some Do's and Don'ts
(Widener Law Symposium Journal, 1998)
Urban central cities present a host of environmental problems including, but not limited to, industrial pollution, brownfields, smog, and environmental injustice. Rural and agricultural areas also experience environmental ...
What Juries Can't Do Well: The Jury's Performance as a Risk Manager
(Arizona Law Review, 1998)
Can juries handle complex cases? One way to frame this question in behavioral science terms is to ask: What tasks can juries perform well and what tasks will they perform poorly? Our basic precept is that the legal system ...
Judicial Independence: Playing Politics with the Constitution
(Georgia State University Law Review, 1998)
I begin with a question: why have a conference on judicial independence? To find the answer, one need only read the newspapers. Judicial independence-as well as its political counterpart, judicial impeachment-is a hot topic ...
The Irony of Deregulatory Takings
(Texas Law Review, 1998)
This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue ...
Justice O'Connor's Dilemma: The Baseline Question
(William and Mary Law Review, 1998)
Many commentators view City of Boerne v. Flores,' in which a divided Supreme Court struck down the Religious Freedom Restoration Act of 1993 (RFRA), as a major defeat in the battle for religious freedom in the United ...
"Batson" for the Bench? Regulating the Peremptory Challenge of Judges
(Chicago-Kent Law Review, 1998)
The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be ...