Now showing items 21-40 of 1133

    • Stack, Kevin M. (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 ...
    • Ruhl, J. B. (N.Y.U. Environmental Law Journal, 2008)
      Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at ...
    • Ruhl, J. B. (Environs Environmental Law & Policy Journal, 2002)
      Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on ...
    • Wuerth, Ingrid Brunk (Notre Dame Law Review, 2010)
      Federal courts faced with Alien Tort Statute cases have applied customary international law to some issues and federal common law to others. This binary approach is analogous in certain respects to a Bivens action, with ...
    • Edelman, Paul H.; Sherry, Suzanna (North Carolina Law Review, 2000)
      In this Article, Professors Edelman and Sherry use a probabilistic model to explore the process of coalition formation on the United States Supreme Court. They identify coalition formation as a Markov process with absorbing ...
    • Sherry, Suzanna (Vanderbilt Law Review, 1997)
      It is accepted wisdom among constitutional law scholars that the Supreme Court is now considerably more conservative than it was during the tenure of Chief Justice Earl Warren. In this Article, I hope to suggest that the ...
    • King, Nancy J., 1958-; Applebaum, Brynne (Federal Sentencing Reporter, 2014)
      This article addresses the impact of Alleyne v. United States on statutes that restrict an offender’s eligibility for release on parole or probation. Alleyne is the latest of several Supreme Court decisions applying the ...
    • Viscusi, W. Kip; Hersch, Joni, 1956- (University of Pennsylvania Law Review, 2007)
      A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases ...
    • Hersch, Joni, 1956- (Applied Economics, 1985)
      The supply of effort on the job has been virtually ignored as a component of the effective supply of labour. Typically, labour supply models assume the worker chooses the utility-maximizing number of hours to supply on the ...
    • Edelman, Paul H.; Nagareda, Richard A.; Silver, Charles, 1957- (Supreme Court Economic Review, 2006)
      Multiple-claimant representations--class actions and other group lawsuits-pose two principal-agent problems: Shirking (failure to maximize the aggregate recovery) and misallocation (distribution of the aggregate recovery ...
    • Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (UCLA Law Review, 2013)
      Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of ...
    • Viscusi, W. Kip (Law & Contemporary Problems, 1983)
      The task of valuing accidental injuries and deaths is intrinsically difficult for two reasons. First, unlike standard consumer commodities, individual health is not traded explicitly on the market. It may be traded implicitly ...
    • Vandenbergh, Michael P. (Kentucky Law Journal, 1996)
      The turbulence of the environmental debate over the last decade suggests that the command and control system may not provide viable solutions to the remaining environmental problems. The incrementalism that has characterized ...
    • McKanders, Karla M. (Howard Law Journal, 2015)
      Through discriminatory rhetoric state and local officials construct delinquent juvenile immigrant youth as the embodiment of a threat to public safety and American values. Accordingly, alleged delinquent undocumented ...
    • King, Nancy J., 1958- (Law and Contemporary Problems, 1999)
      As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to ...
    • Allensworth, Rebecca Haw (Texas Law Review, 2011)
      Power to interpret the Sherman Act, and thus power to make broad changes to antitrust policy, is currently vested in the Supreme Court. But reevaluation of existing competition rules requires economic evidence, which the ...
    • McKanders, Karla Mari (Boston University International Law Journal, 2014)
      During the Arab Spring, Moroccan men and women first took to the streets on February 20, 2011 to demand governmental reforms. Their movement became known as the Mouvement du 20-Février. In a series of protests, Moroccans ...
    • Guthrie, Chris; Orr, Dan (Ohio State Journal on Dispute Resolution, 2005)
      In this article, we conduct a meta-analysis of studies of simulated negotiations to explore the impact of an initial "anchor," typically an opening demand or offer, on negotiation outcomes. We find that anchoring has a ...
    • Maroney, Terry A. (Vanderbilt Law Review, 2012)
      Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges’ anger should influence their behavior and decision making. On the one hand, anger is the ...
    • Rossi, Jim, 1965- (Iowa Law Review, 2007)
      Courts struggle with the tension between national competition laws, on the one hand, and state and local regulation, on the other--especially as traditional governmental functions are privatized and as economic regulation ...