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The Political Economy of Energy and Its Implications for Climate Change Legislation
(Tulane Law Review, 2009)
Public choice themes have arisen throughout the history of U.S. energy regulation and continue to be relevant today, particularly with widespread discussion of deregulation and increased attention to climate change. This ...
Agency Statutory Interpretation and Policymaking Form
(Michigan State Law Review, 2009)
In this short symposium contribution, I take up this invitation to examine the relevance of the agency's policymaking form to its approach to statutory interpretation.
The core point I wish to advance is a relatively basic ...
Surveillance and the Constitution
(Wayne Law Review, 2009)
My focus will be on the extent to which the Constitution limits government surveillance activities. The details of regulation should be statutory, but the basis for that statutory regulation must be founded on constitutional ...
The Changing Landscape of Blockbuster Punitive Damages Awards
(American Law and Economics Review, 2009)
This article investigates the determinants of the blockbuster punitive damages awards of at least $100 million. As of the end of 2008, there had been 100 such awards with an average value of $3.0 billion. The U.S. Supreme ...
Introduction to the Symposium on the Model Penal Code's Sentencing Proposals
(Florida Law Review, 2009)
Begun in the 1950s, the drafting of the Model Penal Code (the Code) differed from the typical American Law Institute (AL) "restatement" of the law project because it was an explicit attempt to provide a model statute that ...
Symposium on Neglected Justices
(Vanderbilt Law Review, 2009)
Given the legal academy's penchant for ranking, it is hardly a surprise that legal scholars have turned their attention to crafting lists of the greatest Justices of the Supreme Court. As with ratings of decisions, however, ...
The Trojan Horse of Electric Power Transmission Line Siting Authority
(Environmental Law, 2009)
Reform proposals pending in the U.S. Congress would increase federal and regional power to preempt states in siting transmission lines on order to allow the development of a high-votage transmission grid for renewable ...
Using Criminal Punishment to Serve Both Victim and Social Needs
(Law and Contemporary Problems, 2009)
In this article we propose changing the manner in which control rights over criminal sanctions are distributed. This modest change has the potential to increase victim well-being without interfering with social needs. ...
Group-Conflict Resolution: Sources of Resistance to Reconciliation
(Law and Contemporary Problems, 2009)
In the past few years a number of scholars in a variety of intellectual disciplines have contributed to a better understanding of dyadic conflicts and their resolution. In particular, sociologists, psychologists, ...
Putting the Law Back in Constitutional Law
(Constitutional Commentary, 2009)
Taking a cue from Professor Laurence Tribe's decision to abandon the third edition of his constitutional law treatise, the organizers of this symposium have asked us to address whether constitutional law is in crisis. I ...