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Now showing items 21-30 of 43
Insights from Cognitive Psychology
(Journal of Legal Education, 2004)
My goal in this paper is to explore cognitive psychology's place in the dispute resolution field. To do so, I first look back and then look forward. Looking back, I identify the five insights from cognitive psychology that ...
What's Law Got to Do With It?
(Perspectives on Politics, 2004)
The authors of this fascinating study modestly disclaim its significance, yet suggest that the results prove their model a success. As a legal expert, I have a rather different perspective on the results. I look at the ...
The Divergence of Constitutional and Statutory Interpretation
(Colorado Law Review, 2004)
There is a peculiar point of agreement between prominent defenders of originalist and dynamic interpretive methods, that their preferred interpretive approach applies not just to statutes or to the Constitution, but to ...
Is Atkins the Antithesis or Apotheosis of Anti-Discrimination Principles? Sorting Out the Groupwide Effects of Exempting People with Mental Retardation from the Death Penalty
(Alabama Law Review, 2004)
In "Atkins v. Virginia", the U.S. Supreme Court held that people with mental retardation may not be executed. z Many advocates for people with disability cheered the decision, because it provides a group of disabled people ...
The Public and Private Faces of Derivative Lawsuits
(Vanderbilt Law Review, 2004)
Derivative suits, long the principal vehicle for discussions about representative litigation in corporate and securities law, now share the stage with younger cousins - securities fraud class actions and state law fiduciary ...
From Smokestack to SUV
(Vanderbilt Law Review, 2004)
A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the ...
Teaching a Course on Regulation of the Police (With a Special Focus on the Sixth Amendment)
(Brandeis Law Journal, 2004)
The organizers of this symposium gave us the choice of writing about
effective assistance of counsel or about teaching criminal procedure. I've
decided to do both. This article discusses teaching the criminal procedure
course ...
Apology and Thick Trust: What Spouse Abusers and Negligent Doctors Might Have in Common
(Chicago-Kent Law Review, 2004)
As apology advocates have previously emphasized, much of the civil litigation that clogs court dockets in America today could be avoided with a simple heartfelt apology. Although sometimes difficult to offer, these expressions ...
How Different is Death? Jury Sentencing in Capital and Non-Capital Cases Compared
(Ohio State Journal of Criminal Law, 2004)
Drawing upon a recent study of felony jury sentencing in Kentucky, Virginia, and Arkansas, this essay highlights some of the similarities and differences between jury sentencing in capital cases and jury sentencing in ...
Induced Litigation
(Northwestern University Law Review, 2004)
If "justice delayed" is "justice denied,"justice is often denied in American courts. Delay in the courts is a "ceaseless and unremitting problem of modem civil justice" that "has an irreparable effect on both plaintiffs ...