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Now showing items 21-30 of 61
A Critical Appraisal of the Department of Justice's New Approach to Medical Marijuana
(Stanford Law & Policy Review, 2011)
The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hard-ball tactics favored by earlier Administrations, Attorney General Eric Holder announced in ...
Risky Investment Decisions: How Are Individuals Influenced by Their Groups?
(Journal of Risk and Uncertainty, 2011)
We investigate the effect of group versus individual decision-making in the context of risky investment decisions in which all subjects are fully informed of the probabilities and payoffs. Although there is full information, ...
Foreign Official Immunity Determinations in U.S. Courts: The Case Against the State Department
(Virginia Journal of International Law, 2011)
The immunity of foreign states from suit in U.S. courts is governed by a federal statute, the Foreign Sovereign Immunities Act (FSIA). This statute does not apply to the immunity of individual foreign officials, however, ...
Amicus Briefs and the Sherman Act: Why Antitrust Needs a New Deal
(Texas Law Review, 2011)
Power to interpret the Sherman Act, and thus power to make broad changes to antitrust policy, is currently vested in the Supreme Court. But reevaluation of existing competition rules requires economic evidence, which the ...
Prevention as the Primary Goal of Sentencing: The Modern Case for Indeterminate Dispositions in Criminal Cases
(San Diego Law Review, 2011)
Among modern-day legal academics determinate sentencing and limiting retributivism tend to be preferred over indeterminate sentencing, at least in part because the latter option is viewed as immoral. This Article contends ...
Hogs Get Slaughtered at the Supreme Court
(The Supreme Court Review, 2011)
Class action plaintiffs lost two major five-to-four cases last Term, with potentially significant consequences for future class litigation: AT&T Mobility v. Concepcion and Wal-Mart v. Dukes. The tragedy is that the impact ...
Wrong, Out of Step, and Pernicious: Erie as the Worst Decision of All Time
(Pepperdine Law Review, 2011)
This essay was written for “Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History.” A symposium on the worst Supreme Court decision of all time risks becoming an exercise best described by Claude ...
Intraportfolio Litigation
(Northwestern University Law Review, 2011)
The modern trend is for investors to diversify. Shareholders who own one S&P 500 firm tend to own many of the others as well. This trend casts doubt on the traditional compensation and deterrence rationales for legal rules ...
Compensating Differentials for Sexual Harassment
(American Economic Review: Papers & Proceedings, 2011)
This paper provides evidence of the relation between the risk of sexual harassment and
wages. While one approach to detecting the effect on wages of sexual harassment would
be to estimate wage equations controlling for ...
Democracy's Distrust: Contested Values and the Decline of Expertise
(Harvard Law Review Forum, 2011)
This response to Professor Dan Kahan’s recent Harvard Foreword, Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law, argues that while Kahan accurately describes the contemporary “neutrality ...