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Statutory Interpretation from the Inside--An Empirical Study of Congressional Drafting, Delegation, and the Canons: Part I
(Stanford Law Review, 2013)
What role should the realities of the legislative drafting process play in the theories and doctrines of statutory interpretation and administrative law? The ongoing debates frequently turn on empirical assumptions about ...
The Exclusionary Rule: Is It on Its Way Out? Should It Be?
(Ohio State Journal of Criminal Law, 2013)
This symposium, comprising six articles in addition to this one, was triggered by a spate of Supreme Court opinions occurring over the last seven years, all of which raise the two questions in the title to this article ...
Seeking Genomic Knowledge: The Case for Clinical Restraint
(Hastings Law Journal, 2013)
Genome sequencing technology provides new and promising tests for clinical practice,
including whole genome sequencing, which measures an individual's complete DNA
sequence, and whole exome sequencing, which measures the ...
Altering Attention in Adjudication
(UCLA Law Review, 2013)
Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of ...
The Benefits of Mortality Risk Reduction: Happiness Surveys vs. The Value of a Statistical Life
(Duke Law Journal, 2013)
A principal component of many benefit-cost analyses (BCAs) of health, safety, and environmental regulations is the valuation of the fatality risk effects of the underlying policy. Government agencies currently value these ...
Reflections on the University of Washington's Asian Law Center
(Pacific Rim Law & Policy Journal, 2013)
In June 2012, Professor Haley was awarded the Order of the Rising Sun (3rd Class) from the Emperor of Japan for his contribution to the discipline of Japanese law and education to Japanese legal professionals and academics. ...
Putting Exclusionary Zoning in Its Place: Affordable Housing and Geographical Scale
(Fordhan Urban Law Journal, 2013)
The term “exclusionary zoning” typically describes a particular phenomenon: suburban large-lot zoning that reduces the supply of developable land and drives up housing prices. But exclusionary zoning in its modern form ...
Burden of Proof: A Review of Math on Trial
(American Mathematical Society, 2013)
In "Math on Trial," Leila Schneps and Coralie Colmez write about the abuse of mathematical arguments in criminal trials and how these flawed arguments "have sent innocent people to prison" (p. ix). Indeed, people "saw their ...
Res Ipsa Loquitur (Or Why the Other Essays Prove My Point)
(Vanderbilt Law Review, 2013)
As all the Roundtable essays note, DaimlerChrysler asks the Supreme Court to decide whether and when the in-forum activities of a corporate subsidiary should give rise to general personal jurisdiction over the corporate ...
Good for You, Bad for Us: The Financial Disincentive for Net Demand Reduction
(North Carolina Law Review, 2013)
This Article examines a principal barrier to reducing U.S. carbon emissions — electricity distributors’ financial incentives to sell more of their product — and introduces the concept of net demand reduction (“NDR”) as a ...