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Why Liberals Should Chuck the Exclusionary Rule
(University of Illinois Law Review, 1999)
This article makes the case against the exclusionary rule from a "liberal" perspective. Moving beyond the inconclusive empirical data on the efficacy of the rule, it uses behavioral and motivational theory to demonstrate ...
"Statutory NonDelegation": Learning from Florida's Recent Experience in Administrative Procedure Reform
(Widener Journal of Public Law, 1999)
In this Article, I assess one of the more notable reforms Florida made to its APA in 1996 with the intention of enhancing the accountability of agency rulemaking, and I discuss the lessons other state reformers can learn ...
Smoking Status and Public Responses to Ambiguous Scientific Risk Evidence
(Southern Economic Journal, 1999)
Situations in which individuals receive information seldom involve scientific consensus over the level of the risk. When scientific experts disagree, people may process the information in an unpredictable manner. The ...
The Co-Evolution of Sustainable Development and Environmental Justice: Cooperation, Then Competition, Then Conflict
(Duke Environmental Law & Policy Forum, 1999)
This article explores sustainable development and environmental justice as potentially conflicting policy goals. Sustainable development includes equity as one of its five dimensions (in addition to environment, economy, ...
Second Generation Law and Economics of Conflict of Laws: Baxter's Comparative Impairment and Beyond
(Stanford Law Review, 1999)
In his 1963 article in the Stanford Law Review, "Choice of Law and the Federal System," Professor William F. Baxter criticized the choice-of-law approach of the First Restatement of the Conflict of Laws. According to the ...
Treating Kids Right
(Journal of Contemporary Legal Issues, 1999)
The concept of amenability to treatment is, in theory, at the core of juvenile delinquency jurisprudence. From its inception as an entity separate from the adult criminal court, the juvenile court was meant to focus on the ...
Symposium: The Rise of the International Trust
(Vanderbilt Journal of Transnational Law, 1999)
The international trust, the subject of the Symposium, is experiencing an extraordinary reception worldwide. It is being utilized by individuals from countries with legal cultures that traditionally have not known this ...
How Do Judges Think About Risk?
(American Law and Economics Review, 1999)
A sample of almost 100 judges exhibited well-known patterns of biases in risk beliefs and reasonable implicit values of life. These biases and personal preferences largely do not affect attitudes toward judicial risk ...
Nonlawyer Legal Assistance and Access to Justice
(Fordham Law Review, 1999)
Nonlawyer legal assistance is a necessary ingredient of any plan for meaningful access to the courts. The American Bar Association Commission on Nonlawyer Practice found in 1995 "that as many as 70% to 80% or more of ...
Using Warnings to Extend the Boundaries of Consumer Sovereignty
(Harvard Journal of Law & Public Policy, 1999)
We make decisions every day for which we may not have full information. Not all such decisions lead to negative consequences, however. For example, scientists still know very little about why aspirin has its beneficial ...