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Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences
(Duke Law Journal, 2008)
This Article tells the story of how fundamental shifts in state sentencing policy collided with fundamental shifts in federal habeas policy to produce a tangled and costly doctrinal wreck. The conventional assumption is ...
Adjusting the Value of a Statistical Life for Age and Cohort Effects
(The Review of Economics and Statistics, 2008)
To resolve the theoretical ambiguity in the effect of age on the value of statistical life (VSL), this article uses a novel, age-dependent fatal risk measure to estimate age-specific hedonic wage regressions. VSL exhibits ...
Public Pension Funds as Shareholder Activists: A Comment on Choi and Fisch
(Vanderbilt Law Review En Banc, 2008)
In an important paper recently appearing in the Vanderbilt Law Review, Professors Stephen Choi and Jill Fisch generate survey evidence from public pension fund respondents that documents the low cost activism practiced by ...
Reforming Securities Litigation Reform: Restructuring the Relationship Between Public and Private Enforcement of Rule 10B-5
(Columbia Law Review, 2008)
Commentators have long debated how to reform the controversial Rule 1Ob-5 class action without pausing to ask whether the game is worth the candle. Is private enforcement of Rule lOb-5 worth preserving, or might we be ...
Rethinking Contract Practice and Law in Japan
(Journal of East Asia & International Law, 2008)
This article explores "the Japanese advantage" in the enforcement of ex ante contract
commitments in comparison with the United States, arguing that ostensible
convergence of Japanese and United States contract practice ...
Law's Complexity: A Primer
(Georgia State University Law Review, 2008)
The legal system. It rolls easily off the tongues of lawyers like a single word - the legal system - as if we all know what it means. But what is the legal system? How does it behave? What are its boundaries? What is its ...
Estimating Discount Rates for Environmental Quality from Utility-Based Choice Experiments
(Journal of Risk and Uncertainty, 2008)
We estimate rates of time preference using a utility-based choice experiment
administered to a nationally representative sample of 2,914 respondents. For the full
sample, the rate of time preference is very high for ...
Corporations and the Market for Law
(University of Illinois Law Review, 2008)
The state competition for corporate law has long been studied as a distinct phenomenon. Under the traditional view, corporations are subject to a unique choice-of-law rule, the internal affairs doctrine (IAD). This rule ...
Government Data Mining and the Fourth Amendment
(University of Chicago Law Review, 2008)
The government's ability to obtain and analyze recorded information about its citizens through the process known as data mining has expanded enormously over the past decade. Although the best-known government data mining ...
Profiling the New Immigrant Worker: The Effects of Skin Color and Height
(Journal of Labor Economics, 2008)
Using data from the New Immigrant Survey 2003, this paper shows that skin color and height affect wages among new lawful immigrants to the U.S. controlling for education, English language proficiency, occupation in source ...