Now showing items 408-427 of 1133

    • King, Nancy J., 1958-; Sherry, Suzanna (Duke Law Journal, 2008)
      This Article tells the story of how fundamental shifts in state sentencing policy collided with fundamental shifts in federal habeas policy to produce a tangled and costly doctrinal wreck. The conventional assumption is ...
    • Sherry, Suzanna (Northwestern University Law Review, 2004)
      Not every constitutional case requires recourse to first principles, and indeed, most require more subtlety than such recourse can produce. The Rehnquist Court's free speech cases provide an example of the benefits of a ...
    • Ruhl, J.B. (Vanderbilt Law Review, 2012)
      This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and ...
    • Ruhl, J. B. (San Diego Journal of Climate and Energy Law, 2013)
      This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and ...
    • Mikos, Robert A.; Kam, Cindy D. (PLoS One, 2019)
      Over the past two decades, a growing cadre of US states has legalized the drug commonly known as “marijuana.” But even as more states legalize the drug, proponents of reform have begun to shun the term “marijuana” in favor ...
    • Sherry, Suzanna (Vanderbilt Law Review, 2002)
      Every time a new technology creates legal problems, we face in a particular context the general question of relative institutional competence. Do we turn first to the judiciary, allowing time for a gradual solution derived ...
    • Slobogin, Christopher, 1951- (Florida Law Review, 1996)
      If the assertions that this essay makes about the Court's "unfair" prosecution-orientation withstand scrutiny,"3 two further conclusions might follow. First, the highest court in the country is so fixated on ensuring that ...
    • Hersch, Joni, 1956-; Moran, Beverly I. (Kentucky Law Journal, 2013)
      We examine whether two national newspapers (The New York Times and The Wall Street Journal) provide a realistic representation of sexual harassment in the workplace by comparing media coverage to empirical evidence on ...
    • Viscusi, W. Kip (Regulation, 1982)
      My review of recent risk regulation policies necessarily starts with the new oversight group within the Office of Management and Budget (OMB), because it has been the dominant force for improvement thus far. Unfortunately, ...
    • O'Connor, Erin O'Hara, 1965- (Georgetown Law Journal, 1990)
      This note argues that to deter negligent behavior adequately, tortfeasors should be held liable for what may be the most substantial cost they impose on accident victims-"hedonic damages," or the loss of the value of life ...
    • Seymore, Sean B., 1971- (UCLA Law Review, 2008)
      A bedrock principle of patent law is that an applicant must sufficiently disclose the invention in exchange for the right to exclude. The essential facet of the disclosure requirement is enablement, which compels a patent ...
    • Viscusi, W. Kip (Journal of Risk and Uncertaintyhttp://www.springer.com/economics/economic+theory/journal/11166, 2010)
      The refinement in worker fatality risk data used in hedonic wage studies and evidence from new stated preference studies have facilitated the exploration of the heterogeneity of the value of statistical life (VSL). Although ...
    • Guthrie, Chris; Korobkin, Russell (Marquette Law Review, 2004)
      In this essay, written for a symposium on The Emerging Interdisciplinary Cannon of Negotiation, we examine the role of heuristics in negotiation from two vantage points. First, we identify the way in which some common ...
    • Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (Duke Law Journal, 2009)
      Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the ...
    • Bruce, Jon W.; Swygert, Michael (The Hastings Law Journal, 1985)
      Most accredited law schools in the United States publish a student-edited law review containing scholarly writing about recent court decisions, unresolved issues of law, and other topics of interest to the legal community. ...
    • Sherry, Suzanna (The Supreme Court Review, 2011)
      Class action plaintiffs lost two major five-to-four cases last Term, with potentially significant consequences for future class litigation: AT&T Mobility v. Concepcion and Wal-Mart v. Dukes. The tragedy is that the impact ...
    • Brandon, Mark E. (Emory Law Journalwww.law.emory.edu/elj, 2003)
      For more than a century the Supreme Court of the United States has championed family as an institution of constitutional significance. The Court recently affirmed this position in Troxel v. Granville, 530 U.S. 57 (2000). ...
    • Moran, Beverly I. (Fordham International Law Journal, 2001)
      For the last fifty years we have seen an outflow of United States laws to developing countries. This legal outflow has caused problems of enforcement in societies that do not share the values, needs or concerns of the law ...
    • Fishman, Joseph P. (Notre Dame Law Review, 2017)
      One of intellectual property theory’s operating assumptions is that creating is hard while copying is easy. But it is not always so. Copies, though outwardly identical, can come from different processes, from cheap digital ...
    • Stratton, Leslie S.; Hersch, Joni, 1956- (Industrial and Labor Relations Review, 2000)
      Empirical research has consistently shown that married men have substantially higher wages, on average, than otherwise similar unmarried men. One commonly cited hypothesis to explain this pattern is that marriage allows ...