Now showing items 559-578 of 1133

    • King, Nancy J., 1958- (Yale Law Journal Online, 2012)
      The Supreme Court in Missouri v. Frye1 and Lafler v. Cooper2 broke new ground by holding for the first time that a defendant’s right to the effective assistance of counsel under the Sixth Amendment can be violated by the ...
    • Viscusi, W. Kip; Hersch, Joni, 1956- (Review of Law and Economics, 2012)
      This paper reports the distribution of doctoral degrees in economics and in other fields among faculty at the 26 highest ranked law schools. Almost one-third of professors at the top 13 law schools have a Ph.D. degree, ...
    • Edelman, Paul H. (Constitutional Commentary, 2002)
      Can mathematics be used to inform legal analysis? This is not a ridiculous question. Law has certain superficial resemblances to mathematics. One might view the Constitution and various statutes as providing "axioms" for ...
    • Ruhl, J. B.; Salzman, James (Journal of Land Use & Environmental Law, 2007)
      Over the past decade, there has been an explosion of interest in ecosystem services from scientists, economists, government officials, entrepreneurs, and the media. This article traces the development of the ecosystem ...
    • Allensworth, Rebecca Haw (Georgetown Law Journal, 2015)
      In 2013, the Supreme Court made the offhand comment that empirical models and their estimations or predictions are not 'findings offact" deserving of deference on appeal. The four Justices writing in dissent disagreed, ...
    • Newton, Michael, 1962- (Loyola University Chicago International Law Review, 2011)
      The struggle to define the contours of the legal regime and to correctly communicate those expectations to the broader audience of civilians is a recurring problem that is integrally related to the current evolution of ...
    • Sherry, Suzanna (Green Bag 2D, 2000)
      Neal Devins says that we don't put political science into our casebooks and Gerald Rosenberg levels the same charge at our scholarship. And so it has fallen to me to defend the ranks of law professors from these scurrilous ...
    • Ruhl, J. B. (Georgia State University Law Review, 2008)
      The legal system. It rolls easily off the tongues of lawyers like a single word - the legal system - as if we all know what it means. But what is the legal system? How does it behave? What are its boundaries? What is its ...
    • Maroney, Terry A. (Quinnipiac Law Review, 2012)
      Law and emotion scholarship can engage with law on its own terms. It can seek to expose moments where the law already incorporates some kind of emotional component, and it can show how a richer understanding of emotion ...
    • Jones, Owen D.; Mobbs, Dean; Lau, Hakwan C.; Frith, Christopher D. (PLoS Biology, 2007)
      This article addresses new developments in neuroscience, and their implications for law. It explores, for example, the relationships between brain injury and violence, as well as the connections between mental disorders ...
    • Cheng, Edward K. (Columbia Law Review, 2009)
      Statistical data are powerful, if not crucial, pieces of evidence in the courtroom. Whether one is trying to demonstrate the rarity of a DNA profile, estimate the value of damaged property, or determine the likelihood that ...
    • Hurder, Alex J. (Clinical Law Review, 2007)
      Clinical legal education has not paid sufficient attention to developments in the theoretical understanding of negotiation. A growing body of scholarship on legal negotiation endorses a problem-solving approach to negotiation, ...
    • Guthrie, Chris (Harvard Negotiation Law Review, 2001)
      Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes ...
    • Thomas, Randall S., 1955-; Cox, James D., 1943- (Washington University Law Quarterly, 2002)
      In this paper, we examine the role of institutional investors in securities fraud class actions. We begin by surveying the first five years of experience with the Lead Plaintiff provision of the Private Securities Litigation ...
    • Sherry, Suzanna (Supreme Court Review, 1992)
      For more than two decades, the Supreme Court's Establishment Clause jurisprudence was "at war with" its Free Exercise jurisprudence. In recent years, however, two major decisions--"Employment Division v. Smith" and "Lee ...
    • Hurder, Alex J. (Boston College Journal of Law & Social Justice, 2014)
      This Article examines the changes to the Individuals with Disabilities Education Act ("IDEA"), which were intended to reconcile the Act with the No Child Left Behind Act of 2001, and the effect those changes have had on ...
    • Ruhl, J.B.; DeCaro, Daniel A.; Chaffin, Brian C.; Schlager, Edella; Garmestani, Ahjond S. (Ecology and Society, 2017)
      Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. ...
    • Rogal, Lauren (West Virginia Law Review, 2018)
      Substance use disorders, which afflict nearly 8% of the U.S. population, exact a devastating human and economic toll. The opioid epidemic has caused overdose deaths to quadruple since 1999. In 2013 alone, the epidemic ...
    • Rogal, Lauren (West Virginia Law Review, 2018)
      This essay focuses on legal strategies to expand employment and entrepreneurship opportunities for persons in recovery. The topic is vital because economic wellbeing contributes to "recovery capital" - the internal and ...
    • Mikos, Robert A.; Ben-Shahar, Omri (American Law and Economics Review, 2005)
      Parties who make investments that generate externalities may sometimes recover from the beneficiaries, even in the absence of contract. Previous scholarship has shown that granting recovery, based on either the cost of ...