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Now showing items 11-20 of 29
The Barking Dog
(Case Western Reserve Law Review, 1996)
Professor Tushnet, and indeed many of the participants in this symposium, seem to believe that United States v. Lopez will have some lasting significance. Those participants who disagree have suggested that the case's lack ...
Duel Diligence: Second Thoughts About the Supremes as the Sultans of Swing
(Southern California Law Review, 1996)
We respond to Professor Lynn A. Baker's criticisms of our article, The Most Dangerous Justice: The Supreme Court at the Bar of Mathematics. Professor Baker fundamentally misunderstands our measure of Supreme Court voting ...
Malpractice and Environmental Law: Should Environmental Law "Specialists" Be Worried?
(Houston Law Review, 1996)
This article examines the field of environmental law as a potential minefield for malpractice claims given its complex and dynamic nature. The article outlines principles for malpractice law applied to environmental law, ...
Economic Foundations of the Current Regulatory Reform Efforts
(Journal of Economic Perspectives, 1996)
Almost since the inception of the risk and environmental agencies in the early 1970s, there has been a continuing concern with ensuring that regulations yield societal benefits commensurate with their costs. This recognition ...
Stratified Juror Selection: Cross-Section by Design
(Judicature, 1996)
Of the various selection methods that contribute to the underrepresentation of members of racial and ethnic minority groups on juries, peremptory challenges have attracted the most attention in recent years. Yet gains in ...
The Fitness of Law: Using Complexity Theory to Describe the Evolution of Law and Society and Its Practical Meaning for Democracy
(Vanderbilt Law Review, 1996)
This article is the second in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. Building on the model outlined in the first installment (in the Duke Law Journal), ...
Supreme Court's Rulings on Congressional Districts Could Benefit Minority Voters
(The Chronicle of Higher Education, 1996)
With the Supreme Court's latest rulings, redistricters can no longer pack minority voters into super-minority districts. The effect of those decisions thus may ulti mately be far more beneficial for minority group voters ...
Guardians: A Research Note
(The American Journal of Legal History, 1996)
Guardianship goes back quite far in legal history; it has been a feature of American law since the colonial period. Something like guardianship is a necessity in a system that recognizes private ownership of property, while ...
An Alternative to Ready, Fire, Aim
(Kentucky Law Journal, 1996)
The turbulence of the environmental debate over the last decade suggests that the command and control system may not provide viable solutions to the remaining environmental problems. The incrementalism
that has characterized ...
Enlightening the Religion Clauses
(Journal of Contemporary Legal Issues, 1996)
I have argued that the government may not single out any irrational beliefs for preferential treatment, nor is it required to treat alternative epistemologies as favorably as Enlightenment rationality. Both history ...