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Now showing items 21-30 of 57
The Early Virginia Tradition of Extra-Textual Interpretation
(Albany Law Review, 1989)
An Essay Concerning Toleration
(Minnesota Law Review, 1987)
This essay has suggested, through review of two recent works, how toleration theory can and cannot be used to provide a viable alternative to both moribund liberal ideas and the increasingly successful program of the new ...
The Intellectual Origins of the Constitution: A Lawyers' Guide to Contemporary Historical Scholarship
(Constitutional Commentary, 1988)
In the past twenty years, historians have greatly enriched our knowledge of the eighteenth-century ideas that underlie the Constitution. Much of this scholarship has been devoted to rediscovery of eighteenth century ...
Health and Safety
(Regulation, 1982)
My review of recent risk regulation policies necessarily starts with the new oversight group within the Office of Management and Budget (OMB), because it has been the dominant force for improvement thus far. Unfortunately, ...
Phosphates and the Environmental Free Lunch
(Regulation, 1984)
The environmental rationale for a detergent phosphate ban is straightforward enough.
Phosphates are pollutants because, ironically enough, they are biodegradable. In fact, living things thrive on them. Excessive phosphate ...
The Gender of Judges
(Law and Inequality, 1986)
The breadth and variety of the topics discussed at the 1985 NAWJ Convention raise a troubling question: is there any longer a need for an association of women law judges? While a few of the discussions center around "women's ...
Are Individuals Bayesian Decision Makers?
(American Economic Review, 1985)
There has been increasing interest in whether normative models of individual choice under uncertainty accord with actual behavior. These concerns have been much greater than in other economic contexts because of the ...
Market Incentives for Safety
(Harvard Business Review, 1985)
In the heated atmosphere generated by inch-high headlines and multimillion-dollar liability suits, two important facts often get lost. First, society's awareness of what ensuring reasonably complete safety would cost rarely ...
Parole, in "Eighteenth Annual Review of Criminal Procedure: United States Supreme Court and Court of Appeals, 1987-88"
(Georgetown Law Journal, 1989)
The purpose of parole is to integrate prisoners into society by allowing them to serve a portion of their sentences outside prison. While on parole, the parolee is subject to the continuing supervision of a parole or ...
The Founders' Unwritten Constitution
(University of Chicago Law Review, 1987)
In seeking to understand and interpret our written Constitution, judges and scholars have often focused on two related issues: how did the founding generation understand the Constitution they created, and to what extent ...