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Now showing items 21-30 of 463
Anchoring, Information, Expertise, and Negotiation: New Insights from Meta-Analysis
(Ohio State Journal on Dispute Resolution, 2005)
In this article, we conduct a meta-analysis of studies of simulated negotiations to explore the impact of an initial "anchor," typically an opening demand or offer, on negotiation outcomes. We find that anchoring has a ...
Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences
(Duke Law Journal, 2008)
This Article tells the story of how fundamental shifts in state sentencing policy collided with fundamental shifts in federal habeas policy to produce a tangled and costly doctrinal wreck. The conventional assumption is ...
War and American Constitutional Order
(Vanderbilt Law Review, 2003)
In their introduction to a fine new edition of Alexis de Tocqueville's Democracy in America, Harvey C. Mansfield and Delba Winthrop claim that "[i]f the twentieth century has been an American century, it is because the ...
Reauthorization of the Voting Rights Act: How Politics and Symbolism Failed America
(Georgetown Journal of Law & Public Policy, 2007)
In passing a watered-down piece of legislation (in July 2006), the Senate missed a critical
opportunity to truly strengthen Section 5 of the Voting Rights Act and protect voters against voting rights violations on a ...
My Patent, Your Patent, or Our Patent? Inventorship Disputes Within Academic Research Groups
(Albany Law Journal of Science & Technology, 2006)
The statutory requirement of identifying the first and true inventor is often muddled by the mores and practices of academic science. Unfortunately, and despite claims of scientists and attorneys to the contrary, I contend ...
Symposium: International Legal Dimensions of Art and Cultural Property
(Vanderbilt Journal of Transnational Law, 2005)
The market for art and cultural property is international. Demand is intense and not particularly local in terms of consumer preference. 2 Supply responds to this intense international demand. Like most anything else, art ...
Does the Plaintiff Matter? An Empirical Analysis of Lead Plaintiffs in Securities Class Actions
(Columbia Law Review, 2006)
The PSLRA's lead plaintiff provision was adopted in order to encourage large shareholders with claims in a securities fraud class action to step forward to become the class' representative. Congress' expectation was that ...
The Changing Landscape of Blockbuster Punitive Damages Awards
(American Law and Economics Review, 2009)
This article investigates the determinants of the blockbuster punitive damages awards of at least $100 million. As of the end of 2008, there had been 100 such awards with an average value of $3.0 billion. The U.S. Supreme ...
International Law and Constitutional Interpretation: The Commander in Chief Clause Reconsidered
(Michigan Law Review, 2007)
The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of ...
The Internationalization of Intellectual Property: New Challenges from the Very Old and the Very New
(Fordham Intellectual Property, Media & Entertainment Journal, 2002)
Intellectual property concepts embodied in international treaties and national laws date back to the eighteenth century. Many fundamental concepts (originality in copyright law; confusion in trademark law; novelty or ...