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Reclaiming the Legal Fiction of Congressional Delegation
(Virginia Law Review, 2011)
The framework for judicial review of agency statutory interpretations is based on a legal fiction – namely, that Congress intends to delegate interpretive authority to agencies. Critics argue that the fiction is false ...
Condemning the Decisions of the Past
(Fordham Urban Law Journal, 2011)
This brief Essay, part of a Fordham Urban Law Journal Symposium on eminent domain in New York, argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond ...
Risky Investment Decisions: How Are Individuals Influenced by Their Groups?
(Journal of Risk and Uncertainty, 2011)
We investigate the effect of group versus individual decision-making in the context of risky investment decisions in which all subjects are fully informed of the probabilities and payoffs. Although there is full information, ...
Post Padilla: Padilla's Puzzles for Review in State and Federal Courts
(Federal Sentencing Reporter, 2011)
This article addresses questions that may face courts as defendants seek relief under the Court’s decision in Padilla v. Kentucky, which held that counsel’s failure to adequately inform the defendant of the deportation ...
Comparative Empiricism and Police Investigative Practices
(North Carolina Journal of International Law & Commercial Regulation, 2011)
In the search and seizure context, the United States is much more heavily wedded to warrants and exclusion than European countries and in the interrogation setting requires more robust warnings than most nations in Europe. ...
The Google Book Settlement and the TRIPS Agreement
(Stanford Technology Law Review, 2011)
The proposed amended settlement in the Google Book case has been the focus of numerous comments and critiques. This "perspective" reviews the compatibility of the proposed settlement with the TRIPS Agreement and relevant ...
The Shaky Political Economy Foundation of a National Renewable Electricity Requirement
(University of Illinois Law Review, 2011)
This Article argues that a national renewable portfolio standard (RPS) for electric power is not likely to advance its purported goals, nor is it likely to be adopted by Congress in its present proposed form. For one, a ...
Regulation in the Behavioral Era
(Minnesota Law Review, 2011)
Administrative agencies have long proceeded on the assumption that individuals respond to regulations in ways that are consistent with traditional rational actor theory, but that is beginning to change. Agencies are now ...
The One Percent Problem
(Columbia Law Review, 2011)
Parties frequently seek exemption from regulation on the ground that they contribute only a very small share to a problem. These one percent arguments are not inherently questionable; it can be efficient to exclude relatively ...
Constitutional Adjudication in Japan: Context, Structures, and Values
(Washington University Law Review, 2011)
Judges in Japan share the prevailing communitarian orientation of their society, an orientation that rejects Manichean choices and moral or "scientific" absolutes, but instead relies on their collective and individual ...