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Now showing items 11-20 of 23
Participation Run Amok: The Costs of Mass Participation for Deliberative Agency Decisionmaking
(Northwestern University Law Review, 1997)
This Article addresses the implications of broad-based participatory reforms for administrative process, with a particular focus on how participation reveals itself in different political-theoretic models of agency governance. ...
Not "Wrongful" by Any Means: The Court's Decisions in the Redistricting Cases
(Houston Law Review, 1997)
Minority representation itself should be viewed by the voting rights community as something much broader than the representation that takes place when voters and legislators share skin pigmentation. The Supreme Court and ...
RFRA-Vote Gambling: Why Paulsen is Wrong, As Usual
(Constitutional Commentary, 1997)
Supreme Court currents are no less treacherous to navigators than are river currents-and, as Michael Paulsen himself has previously pointed out, RFRA shares more than a linguistic resonance with a river.1 Unfortunately, ...
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 ...
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 Economics of Home Production
(Southern California Review of Law & Women's Studies, 1997)
The composition of the labor force has changed dramatically since 1960. In 1960, only one-third of the labor force participants were female. However, since the 1960s, the labor force rates of men have declined, from 83.3% ...
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 ...
Interest Groups, Contracts and Interest Analysis
(Mercer Law Review, 1997)
Interest analysis does not stand up well under economic analysis. Richard Posner has noted that the territorial approach to choice-of-law rules reflected in the First Restatement enabled states at least roughly to exercise ...
Technologically-Assisted Physical Surveillance: The American Bar Association's Tentative Draft Standards
(Harvard Journal of Law & Technology, 1997)
As the name implies, the American Bar Association's Tentative Draft Standards Concerning Technologically-Assisted Physical Surveillance is a work in progress...Final approval by the ABA hierarchy is still some time away, ...
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 ...