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Technologically-Assisted Physical Surveillance: The American Bar Association's Tentative Draft Standards
(Harvard Journal of Law & Technology, 1997)
As the name implies, the American Bar Association's Tentative Draft Standards Concerning Technologically-Assisted Physical Surveillance is a work in progress...Final approval by the ABA hierarchy is still some time away, ...
Not "Wrongful" by Any Means: The Court's Decisions in the Redistricting Cases
(Houston Law Review, 1997)
Minority representation itself should be viewed by the voting rights community as something much broader than the representation that takes place when voters and legislators share skin pigmentation. The Supreme Court and ...
Development of an Early Identification and Response Model of Malpractice Prevention
(Law and Contemporary Problems, 1997)
The purpose of this article is to describe the development of an early identification and response model of malpractice prevention that is designed to achieve these objectives. The article begins with a rationale for the ...
Thinking of Environmental Law as a Complex Adaptive System: How to Clean Up the Environment by Making a Mess of Environmental Law
(Houston Law Review, 1997)
This article is the fourth in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It applies the model built in the three prior installments (in the Duke, Vanderbilt, ...
Interest Groups, Contracts and Interest Analysis
(Mercer Law Review, 1997)
Interest analysis does not stand up well under economic analysis. Richard Posner has noted that the territorial approach to choice-of-law rules reflected in the First Restatement enabled states at least roughly to exercise ...
From Cash Crop to Cash Cow
(Regulation, 1997)
The 1990s have witnessed a blizzard of antismoking efforts. Hillary Clinton and a variety of supporters of the Clinton health care plan urged dramatically higher cigarette taxes to pay for expanded health insurance ...
The Economics of Home Production
(Southern California Review of Law & Women's Studies, 1997)
The composition of the labor force has changed dramatically since 1960. In 1960, only one-third of the labor force participants were female. However, since the 1960s, the labor force rates of men have declined, from 83.3% ...
Using State Inspection Statutes for Discovery in Federal Securities Fraud Actions
(Boston University Law Review, 1997)
We propose that plaintiffs in securities fraud actions should use state inspections statutes to obtain discovery about potential securities fraud cases. First, we argue that the Private Securities Law Reform Act has ...
Deceit, Pretext, and Trickery: Investigative Lies by the Police
(Oregon Law Review, 1997)
This Article has been a preliminary effort at identifying those limitations in connection with one specific type of lie-investigative lies, or lies told to people in an effort to gather evidence against them. The extrapolation ...
RFRA-Vote Gambling: Why Paulsen is Wrong, As Usual
(Constitutional Commentary, 1997)
Supreme Court currents are no less treacherous to navigators than are river currents-and, as Michael Paulsen himself has previously pointed out, RFRA shares more than a linguistic resonance with a river.1 Unfortunately, ...