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Now showing items 31-40 of 51
Political Bargaining and Judicial Intervention in Constitutional and Antitrust Federalism
(Washington University Law Quarterly, 2005)
Federal judicial deference to state and local regulation is at the center of contentious debates regarding the implementation of competition policy. This Article invokes a political process bargaining framework to develop ...
The (Legal) Value of Chance: Distorted Measures of Recovery in Private Law
(American Law and Economics Review, 2005)
Parties who make investments that generate externalities may sometimes recover from the beneficiaries, even in the absence of contract. Previous scholarship has shown that granting recovery, based on either the cost of ...
Recollection Bias and the Combat of Terrorism
(The Journal of Legal Studies, 2005)
Survey respondents assessed the risks of terrorist attacks and their consequences and were asked how their assessments changed from before September 11 to the present. This paper analyzes those current and recollected risk ...
Mental Disorder as an Exemption from the Death Penalty: The ABA-IRR Task Force Recommendations
(Catholic University Law Review, 2005)
The Task Force on Mental Disability and the Death Penalty (Task Force) established by the Individual Rights and Responsibilities Section of the American Bar Association (ABA-IRR) has proposed that the ABA adopt three ...
Politics and Judgment
(Missouri Law Review, 2005)
Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American ...
Waging War: Japan's Constitutional Constraints
(Constitutional Forum, 2005)
Both electoral results and public opinion polls have long revealed what most observers have viewed as a paradox if not a contradiction. By significant majorities, the Japanese people appear to oppose any revision of article ...
When Process Affects Punishment: Differences in Sentences After Guilty Plea, Bench Trial, and Jury Trial in Five Guidelines States
(Columbia Law Review, 2005)
The research reported in this Essay examines process discounts-differences in sentences imposed for the same offense, depending upon whether the conviction was by jury trial, bench trial, or guilty plea-in five states that ...
Victim Participation in the Criminal Process
(Journal of Law and Policy, 2005)
This essay does not promote the Victims' Rights Amendment16 or advocate any other specific victims' rights proposal. 17 Rather, it suggests that, as a positive matter, victim involvement in the criminal process is becoming ...
Authorizations for the Use of Force, International Law, and the "Charming Betsy" Canon
(Boston College Law Review, 2005)
Although international law has figured prominently in many disputes around actions of the U.S. military, the precise relationship between international law and the President's war powers has gone largely unexplored. This ...
Letting Billions Slip Through Your Fingers: Empirical Evidence and Legal Implications of the Failure of Financial Institutions to Participate in Securities Class Action Settlements
(Stanford Law Review, 2005)
This article presents the results of an empirical investigation of the frequency with which financial institutions submit claims in settled securities class actions. We combine an empirical study of a large set of settlements ...