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Now showing items 31-40 of 43
The Public and Private Faces of Derivative Lawsuits
(Vanderbilt Law Review, 2004)
Derivative suits, long the principal vehicle for discussions about representative litigation in corporate and securities law, now share the stage with younger cousins - securities fraud class actions and state law fiduciary ...
Public Ruses
(Michigan Law Review, 2004)
The Fifth Amendment's public use requirement - a dead letter for decades - has recently been resurrected by the Michigan Supreme Court, overruling Poletown, and by the United States Supreme Court, granting certiorari in ...
States, Courts, and Founders: Remarks on Killenbeck
(Arkansas Law Review, 2004)
Among the matters that have occupied scholars of the Constitution of the United States, four related themes have frequently recurred. One concerns the character of the founding. The second concerns the ongoing implications ...
The Denominator Blindness Effect: Accident Frequencies and the Misjudgment of Recklessness
(American Law and Economics Review, 2004)
People seriously misjudge accident risks because they routinely neglect relevant information about exposure. Such risk judgments affect both personal and public policy decisions, e.g., choice of a transport mode, but also ...
Understanding Settlement in Damages (and Beyond)
(Journal of Dispute Resolution, 2004)
For all of the ways in which the Sabia case is extraordinary, its outcome--settlement--is decidedly ordinary. In most civil litigation, as in the Sabias' litigation against Dr. Maryellen Humes and Norwalk Hospital, ...
The Globalization (Americanization?) of Executive Pay
(Berkeley Business Law Journal, 2004)
In the United States, the remuneration packages of top executives are characterized by a strong emphasis on pay-for-performance and by a highly lucrative "upside." There is much discussion of the possibility that executive ...
The Battle Over Endangered Species Act Methodology
(Environmental Law, 2004)
The substantive contours of the Endangered Species Act (ESA) have been largely worked out for quite some time. Starting in the mid-1990s, however, opponents of Fish and Wildlife Service and National Marine Fisheries Service ...
Principles of Influence in Negotiation
(Marquette Law Review, 2004)
Negotiation is often viewed as an alternative to adjudication. In fact, however, negotiation and adjudication may be more alike than different because each is a process of persuasion. Both in the courtroom and at the ...
The Dimension of the Supreme Court
(Constitutional Commentary, 2004)
In a paper published in the Proceedings of the National Academy of Sciences, Lawrence Sirovich introduced two novel mathematical techniques to study patterns in recent Supreme Court decisions. One of these methods, information ...
Hard Cases Make Good Judges
(Northwestern University Law Review, 2004)
Not every constitutional case requires recourse to first principles, and indeed, most require more subtlety than such recourse can produce. The Rehnquist Court's free speech cases provide an example of the benefits of a ...