Now showing items 1094-1113 of 1133

    • Viscusi, W. Kip (American University Law Review, 1990)
      The original emphasis of risk-utility analysis on the need for balanced decisions with respect to product liability is a correct and fundamental principle. Moreover, many traditional factors that have been considered ...
    • Haley, John Owen (Constitutional Forum, 2005)
      Both electoral results and public opinion polls have long revealed what most observers have viewed as a paradox if not a contradiction. By significant majorities, the Japanese people appear to oppose any revision of article ...
    • Rossi, Jim, 1965- (Chicago -Kent Law Review, 1997)
      In this Comment, I shall explore the issue of reviewability, as discussed by Krent, in the context of one flexible approach to regulation-- express agency waiver of regulations. Part I of this Comment addresses the increased ...
    • Brandon, Mark E. (Vanderbilt Law Review, 2003)
      In their introduction to a fine new edition of Alexis de Tocqueville's Democracy in America, Harvey C. Mansfield and Delba Winthrop claim that "[i]f the twentieth century has been an American century, it is because the ...
    • Sherry, Suzanna (Law and Contemporary Problems, 2004)
      What do the following cases have in common? In Boy Scouts of America v. Dale,2 the Court upheld the right of a private organization to ignore a generally applicable state statute prohibiting discrimination on the basis of ...
    • Viscusi, W. Kip (The Review of Economics and Statistics, 1978)
      DAM Smith (1937) observed that "the whole of the advantages and disadvantages of the different employments of labor and stock must, in the same neighborhood, be either perfectly equal or continually tending to equality." ...
    • McKanders, Karla Mari (Loyola University Chicago Law Journal, 2009)
      On July 13, 2006, the city of Hazleton made national news as the first municipality in the country to pass ordinances against illegal immigrants. The majority of municipal legislation that passed regulated the employment ...
    • Moran, Beverly I. (Harvard Journal on Legislation, 1989)
      Using legislative histories the article shows how the incidence of taxation began to fall more heavily on women in the context of divorce as women's social and political status rose during World War II and that this trend ...
    • Edelman, Paul H. (Washington University Law Review, 2007)
      In tort cases, comparative negligence now is the dominant method for determining damages. Under that method, the jury apportions fault among the parties and assesses damages in proportion to the relative fault assessment. ...
    • Slobogin, Christopher, 1951- (New Mexico Law Review, 2003)
      This article, written for a symposium on Atkins v. Virginia - the Supreme Court decision that prohibited execution of people with mental retardation - argues that people with severe mental illness must now also be protected ...
    • Mayeux, Sara (Columbia Law Review, 2016)
      Many accounts of Gideon v Wainwright s legacy focus on what Gideon did not do--its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few "outlier" states, ...
    • Thomas, Randall S., 1955- (Berkeley Business Law Journal, 2005)
      This is a short essay on what should be the fundamental criterion used to evaluate corporate law. I argue that the overall goal of good corporate law should be to assist private parties to create wealth for themselves and ...
    • Slobogin, Christopher, 1951- (Texas Law Review, 2012)
      In More Essential Than Ever: The Fourth Amendment in the Twenty-First Century, Stephen Schulhofer provides a strong, popularized brief for interpreting the Fourth Amendment as a command that judicial review precede all ...
    • Viscusi, W. Kip; Hastie, Reid (Arizona Law Review, 1998)
      Can juries handle complex cases? One way to frame this question in behavioral science terms is to ask: What tasks can juries perform well and what tasks will they perform poorly? Our basic precept is that the legal system ...
    • Thomas, Randall S., 1955- (Vanderbilt Law Review, 2013)
      Many M&A transactions attract shareholder litigation challenging the fairness of the economic terms of the deal for the target shareholders. Since the end of the financial crisis, however, there has been a documented ...
    • Sherry, Suzanna (Perspectives on Politics, 2004)
      The authors of this fascinating study modestly disclaim its significance, yet suggest that the results prove their model a success. As a legal expert, I have a rather different perspective on the results. I look at the ...
    • Cheng, Edward K. (University of Pennsylvania Law Review, 2012)
      In many mass tort cases, separately trying all individual claims is impractical, and thus a number of trial courts and commentators have explored the use of statistical sampling as a way of efficiently processing claims. ...
    • King, Nancy J.; Soule, David A.; Steen, Sara; Weidner, Robert R. (Columbia Law Review, 2005)
      The research reported in this Essay examines process discounts-differences in sentences imposed for the same offense, depending upon whether the conviction was by jury trial, bench trial, or guilty plea-in five states that ...
    • Thomas, Randall S., 1955-; Rasmussen, Robert K. (Vanderbilt Law Review, 2001)
      Recent empirical work has demonstrated that large, publicly held firms tend to file for bankruptcy in Delaware. In our previous work, we have documented this trend, and argued that it may be efficient for prepackaged ...
    • Slobogin, Christopher; Hazel, James W. (Cornell Journal of Law & Public Policy, 2018)
      Direct-to-consumer genetic testing (DTC-GT) companies have proliferated in the past several years. Based on an analysis of genetic material submitted by consumers, these companies offer a wide array of services, ranging ...