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Now showing items 11-20 of 51
Enforcing State Law in Congress's Shadow
(Cornell Law Review, 2005)
Congress imposes a variety of sanctions on individuals who have been convicted of state crimes. This Article argues that these sanctions may distort the enforcement of state law. By raising the stakes involved in state ...
The Civilization of the Criminal Law
(Vanderbilt Law Review, 2005)
This article explores the jurisprudential and practical feasibility of a "preventive" regime of criminal justice. More specifically, it examines an updated version of the type of government intervention espoused four decades ...
Is U.S. CEO Compensation Inefficient Pay Without Performance?
(Michigan Law Review, 2005)
In this paper, we review Pay Without Performance by Professors Lucian Bebchuk and Jesse Fried. The book develops and summarizes the leading critiques of current executive compensation practices in the U.S., and offers a ...
Public and Private Enforcement of the Securities Laws: Have Things Changed Since Enron?
(Notre Dame Law Review, 2005)
In this paper, we examine how those corporations that have been the targets of SEC enforcement efforts compare in terms of their size and financial health vis-a-vis firms that are targeted only by the private securities ...
Subpoenas and Privacy
(DePaul Law Review, 2005)
This symposium article, the first of two on regulation of government's efforts to obtain paper and digital records of our activities, analyzes the constitutional legitimacy of subpoenas. Whether issued by a grand jury or ...
Mitochondrial DNA: Emerging Legal Issues
(Journal of Law and Policy, 2005)
This article will briefly survey some of the current and emerging legal issues surrounding mtDNA evidence. Parts I and II discuss basic evidentiary questions, including mtDNA's reliability and admissibility under Daubert7 ...
Value of a Statistical Life: Relative Position vs. Relative Age
(American Economic Review, 2005)
This paper examines the influence on estimates of the value of statistical life (VSL) of the worker's relative position in the wage distribution and relative position in the life cycle. Whereas past work on relative position ...
Reenvisioning Law Through the DNA Lens
(NYU Annual Survey of American Law, 2005)
In recent times, no development has transformed the practice of criminal justice as much as DNA evidence. In little over fifteen years, DNA profiling has produced nothing short of a paradigm shift.1 For police and prosecutors, ...
The Meaning of Value: Assessing Just Compensation for Regulatory Takings
(Northwestern University Law Review, 2005)
This Article argues that valuing compensation provides just such a window into deeper theories of takings, revealing a host of considerations that map on to specific approaches to takings law. 4 Moreover, compensation rules ...
How "Mead" Has Muddled Judicial Review of Agency Action
(Vanderbilt Law Review, 2005)
In "United States v. Mead Corp.", the Supreme Court held that an agency is entitled to Chevron deference for interpretations of ambiguous statutory provisions only if Congress delegates, and the agency exercises, authority ...