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Now showing items 41-50 of 57
Toxic Tort Remedies: The Case Against the "Superduper Fund" and Other Reform Prososals
(Baylor Law Review, 1986)
This Article joins the enormous and growing body of literature examining the need for reform of toxic tort remedies for cases of exposure to hazardous substances released into the environment. It is different from most ...
Finding Federalism in the Admiralty: "The Devil's Own Mess" Revisited
(Tulane Maritime Law Journal, 1988)
The federalism aspect of the United States Supreme Court's admiralty jurisprudence has long been adrift.' No feature of admiralty law illustrates the Court's difficulties in this regard better than maritime wrongful death ...
The Role of Mental Health Professionals in the Criminal Process: The Case for Informed Speculation
(Virginia Law Review, 1980)
In this article we have attempted to make the case for continued participation by appropriately qualified mental health professionals in the adjudication of reconstructive subjective issues of the criminal law. In Part I, ...
Regulatory Economics in the Courts: An Analysis of Judge Scalia's NHTSA Bumper Decision
(Law & Contemporary Problems, 1987)
The automobile bumper standard issued by the National Highway Traffic Safety Administration (NHTSA) in 1982 was the product of a decade of policy debate.' This debate continued in the courts until ultimately the NHTSA ...
Two Hundred Years Ago Today
(Law and Inequality, 1988)
There is a tendency in the bicentennial year-and especially this week-to idealize the events of 1787. We tend to presume that the men who wrote the Constitution were near-perfect demigods, who crafted a brilliant and ...
Economic Contests: Comparative Reward Schemes
(Journal of Labor Economics, 1984)
Contests are situations in which an individual's reward depends on his performance relative to others. Students are graded on a curve; the candidate with the most votes gets the political office; the un- derling who performs ...
Adaptive Responses to Chemical Labeling: Are Workers Bayesian Decision Makers?
(American Economic Review, 1984)
A fundamental issue in the economics of uncertainty is how individuals process information and make choices under uncertainty. In a recent analysis of the findings on risk perception, Kenneth Arrow (1982) concluded that ...
Frameworks for Analyzing the Effects of Risk and Environmental Regulations on Productivity
(American Economic Association, 1983)
The existence of a negative relationship between the regulatory burden and capital
investments, and consequently productivity,is not controversial. A conventional model of
this type is developed in Section I. If, however, ...
Dangerousness and Expertise
(University of Pennsylvania Law Review, 1984)
The defendant-first approach advocated in this Article is more difficult to implement than either the current policy admitting any proffered expert testimony or the exclusionary reform advanced by many commentators. It ...
Gender Justice
(Constitutional Commentary, 1989)
GENDER JUSTICE is an avowedly liberal tract on the problems of gender discrimination in our society. It seeks to provide an alternative to the visions of both conservatives and radical feminists. The book fails in its ...