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The Essential Role of Courts for Supporting Innovation
(Texas Law Review, 2014)
Commercial parties commonly resolve their disputes in arbitration rather than courts. In fact, some estimate that as many as 90 percent of international commercial contracts opt for arbitration of future disputes, and ...
Assessing the Insurance Role of Tort Liability After Calabresi
(Law & Contemporary Problems, 2014)
Calabresi’s theory of tort liability (1961) as a risk distribution mechanism established insurance as an objective of tort liability. Calabresi’s risk-spreading concept of tort has provided the impetus for much of the ...
Making Patents Useful
(Minnesota Law Review, 2014)
It is axiomatic in patent law that an invention must be useful. The utility requirement has been a part of the statutory scheme since the Patent Act of 1790. But what does it mean to be useful? The abstract and imprecise ...
Managing Systemic Risk in Legal Systems
(Indiana Law Journal, 2014)
The American legal system has proven remarkably robust even in the face vast and often tumultuous political, social, economic, and technological change. Yet our system of law is not unlike other complex social, biological, ...
The Use and Misuse of Econometric Evidence in Employment Discrimination Cases
(Washington & Lee Law Review, 2014)
Experts routinely criticize three aspects of regression analyses presented by the opposing party in employment discrimination cases: omitted explanatory variables, sample size, and statistical significance. However, these ...
Lessons From Inquisitorialism
(Southern California Law Review, 2014)
The adversarial system as it is implemented in the United States is a significant cause of wrongful convictions, wrongful acquittals and “wrongful” sentences. Empirical evidence suggests that a hybrid inquisitorial regime ...
The Case for a Market in Debt Governance
(Vanderbilt Law Review, 2014)
Scholars have long lamented that the growth of modern finance has given way to a decline in debt governance. According to current theory, the expansive use of derivatives that enable lenders to trade away the default risk ...
Electric Power Resource "Shuffling" and Subnational Carbon Regulation: Looking Upstream for a Solution
(San Diego Journal of Climate & Energy Law, 2014)
"Resource shuffling" occurs when different subnational approaches to carbon regulation create variations in the costs of production across jurisdictions. California is the most aggressive jurisdiction in the United States ...
Once a Criminal? Regulating the Use of Prior Convictions in Sentencing
(Marquette Lawyer Magazine, 2014)
On November 18, 2013, Nancy J. King, the Lee S. and Charles A. Speir Professor at Vanderbilt Law School, delivered Marquette Law School’s annual George and
Margaret Barrock Lecture in Criminal Law. This is an abridgment ...
Testing the Value of Eminent Domain
(Tulane Law Review, 2014)
In their article (Guarding the Subjective Premium), Sebastien Gay and Nadia Nasser-Ghodsi add some empirical evidence to the ongoing debate over compensation for eminent domain.' Their model raises a number of interesting ...