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Now showing items 41-50 of 51
Appeal Waivers and the Future of Sentencing Policy
(Duke Law Journal, 2005)
This paper is the first empirical analysis of appeal waivers clauses in plea agreements by which defendants waive their rights to appellate and postconviction review. Based on interviews and an analysis of data coded from ...
Empirical Measures of Judicial Performance: An Introduction to the Symposium
(Florida State University Law Review, 2005)
Inspired by the burgeoning empirical literature on the judiciary, the editors of the Florida State University Law Review have solicited some papers from leading scholars and federal courts of appeals judges, asking them ...
Moving Public Law Out of the Deference Trap in Regulated Industries
(Wake Forest Law Review, 2005)
This Article argues that public law has fallen into what I call a deference trap in addressing conflicts in deregulated industries, such as telecommunications and electric power. The deference trap describes a judicial ...
Transmission Siting in Deregulated Wholesale Power Markets: Re-Imagining the Role of Courts in Resolving Federal-State Siting Impasses
(Duke Environmental Law & Policy Forum, 2005)
During most of the twentieth century, state and local regulatory bodies coordinated the siting or power plants and transmission lines. These bodies focused on two important issues: 1) the determination of need, so as to ...
What is Corporate Law's Place in Promoting Societal Welfare?: An Essay in Honor of Professor William Klein
(Berkeley Business Law Journal, 2005)
This is a short essay on what should be the fundamental criterion used to evaluate corporate law. I argue that the overall goal of good corporate law should be to assist private parties to create wealth for themselves and ...
Corporate Voting and the Takeover Debate
(Vanderbilt Law Review, 2005)
For many years academics have debated whether it is better to permit hostile acquirers to use tender offers to gain control over unwilling target companies, or to force them to use corporate elections of boards of directors ...
Regulation by Adaptive Management--Is It Possible?
(Minnesota Journal of Law, Science & Technology, 2005)
Today's voluminous literature on adaptive management traces its roots to Professor C.S. Holling's seminal work, Adaptive Environmental Assessment and Management. Although almost thirty years have passed since he and his ...
The Private Life of Public Law
(Columbia Law Review, 2005)
This Article proposes a new conception of the administrative regulatory state that accounts for the vast networks of private agreements that shadow public regulations. The traditional account of the administrative state ...
The Purpose of Copyright Law in Canada
(University of Ottawa Law & Technology Journal, 2005)
IN THREE RECENT CASES, the Supreme Court of Canada provided several pieces of the Canadian copyright policy puzzle. We now know that the economic purpose of copyright law is instrumentalist in nature, namely, to ensure the ...
Law and Behavioral Biology
(Columbia Law Review, 2005)
Society uses law to encourage people to behave differently than they would behave in the absence of law. This fundamental purpose makes law highly dependent on sound understandings of the multiple causes of human behavior. ...