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Now showing items 11-20 of 65
Prediction Markets and Law: A Skeptical Account
(Harvard Law Review, 2009)
Enthusiasm for "many minds" arguments has infected legal academia. Scholars now champion the virtues of groupthink, something once thought to have only vices. It turns out that groups often outperform individuals in ...
Unlearning Fear of Out-Group Others
(Law and Contemporary Problems, 2009)
In this brief Comment, Maroney offers a perspective based in the scientific study of fear and social-group judgment. She discusses research showing that humans display heightened, persistent fear responses to "outgroup" ...
Rethinking the Federal Role in State Criminal Justice
(New York University Law Review, 2009)
This Essay argues that federal habeas review of state criminal cases squanders resources the federal government should be using to help states reform their systems of defense representation. A 2007 empirical study reveals ...
The Use and Abuse of Foreign Law in Constitutional Interpretation
(Harvard Journal of Law & Public Policy, 2009)
This article provides an exhaustive typology of the uses of foreign law in order to provide insight into whether foreign law can be appropriately used in constitutional interpretation, when it can be used, and what the ...
Implementing the New Ecosystem Services Mandate of the Section 404 Compensatory Mitigation Program--A Catalyst for Advancing Science and Policy
(Stetson Law Review, 2009)
On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts ...
Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?
(The Green Bag Almanac & Reader, 2009)
In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship (11 Green Bag 2d 19 (2007)) we began the study of the collaboration network in legal academia. We concluded that the central figure in the network ...
The Captures Clause
(University of Chicago Law Review, 2009)
The Captures Clause of the United States Constitution gives Congress the power to "make Rules concerning Captures on Land and Water." A variety of courts, scholars, politicians and others have recently cited the Clause to ...
The End of Objector Blackmail?
(Vanderbilt Law Review, 2009)
For many years, courts and commentators have been concerned about a phenomenon in class action litigation referred to as objector "blackmail." The term "blackmail" is used figuratively rather than literally; so-called ...
The Reviewability of the President's Statutory Powers
(Vanderbilt Law Review, 2009)
This Article argues that longstanding doctrines that exclude judicial review of the determinations or findings the President makes as conditions for invoking statutory powers should be replaced. These doctrines are ...
The Regulation of Sovereign Wealth Funds: The Virtues of Going Slow
(University of Chicago Law Review, 2009)
Any symposium on private-equity firms and the going private phenomenon would be incomplete without discussion of Sovereign Wealth Funds (SWFs). These government owned investment vehicles have and will continue to play an ...