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Now showing items 11-20 of 23
The Case of the Speluncean Polluters: Six Themes of Environmental Law, Policy, and Ethics
(Environmental Law, 1997)
Almost as soon as it was invented in the early 1970s, the United States' modern environmental law framework has been the subject of calls for reform. Six divergent reform approaches predominate that debate today, and behind ...
Jaffee v. Redmond: Towards Recognition of a Federal Counselor-Battered Woman Privilege
(Creighton Law Review, 1997)
Part I of this Article reviews the Jaffee decision.' Part II discusses the meaning of the Supreme Court's opinion, focusing on the Court's analysis of the important interests at stake in recognizing the asserted testimonial ...
The Arrow of the Law in Modern Administrative States: Using Complexity Theory to Reveal the Diminishing Returns and Increasing Risks the Burgeoning of Law Poses to Society
(University of California at Davis Law Review, 1997)
This article is the third 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 two installments (in the Duke and Vanderbilt ...
Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer
(Texas Law Review, 1997)
Law and economics models of litigation settlement, based on the behavioral assumptions of rational choice theory, ignore the many psychological reasons that settlement negotiations can fail, yet they accurately predict ...
The Benefits and Costs of Regulatory Reforms for Superfund
(Stanford Environmental Law Journal, 1997)
The current policy approach used in the Superfund program is a peculiar halfway house. EPA devotes substantial effort to identifying chemicals at a site and ascertaining their potential risks. It also assesses the costs ...
Waivers, Flexibility, and Reviewability
(Chicago -Kent Law Review, 1997)
In this Comment, I shall explore the issue of reviewability, as discussed by Krent, in the context of one flexible approach to regulation-- express agency waiver of regulations. Part I of this Comment addresses the increased ...
All the Supreme Court Really Needs to Know It Learned from the Warren Court
(Vanderbilt Law Review, 1997)
It is accepted wisdom among constitutional law scholars that the Supreme Court is now considerably more conservative than it was during the tenure of Chief Justice Earl Warren. In this Article, I hope to suggest that the ...
Thinking of Mediation As a Complex Adaptive System
(Brigham Young University Law Review, 1997)
This article uses my work on complex adaptive systems to think about how litigation and mediation differ in terms of adaptive qualities, suggesting that mediation is indeed a more adaptive mode of dispute resolution in ...
The 1996 Revised Florida Administrative Procedure Act: A Survey of Major Provisions Affecting Florida Agencies
(Florida State University Law Review, 1997)
This Article examines the recent history of APA reform in Florida and surveys several provisions of the 1996 revised Florida APA that are likely to have a major effect on agency governance. Part II of this Article briefly ...
Using and Misusing History
(Reviews in American History, 1997)
Since Alfred Kelly coined the term "law-office history" in 1965, been added-except ever-multiplying examples-to the perennial about how lawyers and legal academics use history. Laura Kalman's ing new book about legal ...