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Now showing items 31-39 of 39
The Forest and the Trees
(Vanderbilt Lawyer, 2002)
Ask those who carefully follow the Supreme Court, and they will tell you that--for good or bad, depending on their perspective--the current Supreme Court has reduced to near rubble the metaphorical wall separating church ...
Bibliography of Tax Articles in High Prestige Non-Specialized Law Journals: A Comparison of Australia, Britain, Canada and the United States 1954-2001
(Ohio Norhtern University Law Review, 2002)
The bibliography surveys all tax articles (but not Notes) from 1954 to 2001 in high prestige law journals in the United States, United Kingdom, Australia and Canada. The bibliography compares number of articles produced ...
Judging by Heuristic: Cognitive Illusions in Judicial Decision Making
(Judicature, 2002)
The institutional legitmacy of the judiciary depends on the quality of the judgments that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public expects judges to avoid ...
The Jurisprudence and Politics of Forum-Selection Clauses
(Chicago Journal of International Law, 2002)
Recent US court enforcement of foreign forum-selection clauses is durable only
to the extent that the clauses make the contracts more valuable to the parties. The
clauses can create value by making dispute resolution ...
Agriculture and the Environment: Three Myths, Three Themes, Three Directions
(Environs Environmental Law & Policy Journal, 2002)
Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on ...
On Apology and Consilience
(Washington Law Review, 2002)
This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing ...
Farmland Stewardship: Can Ecosystems Stand Any More of It?
(Washington University Journal of Law & Policy, 2002)
Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.
Joining Forces
(Journal of Legal Education, 2002)
In the absence of empirical evidence and in the face of conflicting intuitions, there is no way to assess the relevance of collaborative work to the development of law and legal scholarship. In this essay we seek to fill ...
Collective Management of Copyright and Neighbouring Rights in Canada: An International Perspective
(Canadian Journal of Law & Technology, 2002)
In this paper, we will compare the current Canadian framework and activities of Collective Management Organizations with the situation in a number of other major countries and suggest possible improvements to the current ...