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Now showing items 31-40 of 43
America's Disposable Youth
(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 ...
Behavioral Public Choice: The Behavioral Paradox of Government Policy
(Harvard Journal of Law & Public Policy, 2015)
Although government agencies increasingly use behavioral irrationalities as a justification for government intervention, the paradox is that these same government policies are also subject to similar behavioral inadequacies ...
The Role of Publication Selection Bias in Estimates of the Value of a Statistical Life
(American Journal of Health Economics, 2015)
Meta-regression estimates of the value of a statistical life (VSL) controlling for publication selection bias often yield bias-corrected estimates of VSL that are substantially below the mean VSL estimates. Labor market ...
Marijuana Localism
(Case Western Reserve Law Review, 2015)
The states have wrested control of marijuana policy from the federal government, but they risk losing some of their newfound power to another player: local governments. Hundreds of local communities are now seeking to ...
Form vs. Function in Rule 10B-5 Class Actions
(Duke Journal of Constitutional Law & Public Policy, 2015)
The Supreme Court’s widely anticipated decision last term in Halliburton Co. v. Erica P. John Fund, Inc.1 did little to change the fundamental landscape of securities fraud litigation in the United States. Rule 10b-52 class ...
Talking Foreign Policy: A Discussion on Cyber Warfare
(Case Western Reserve Journal of International Law, 2015)
A panel discussion on the topic of cyberwar. Broadcast on January 30, 2014. Speakers include: Peter Singer (Director of the Center for 21st Century Security and Intelligence, Brookings Institution); Michael Newton (Professor ...
The Tale of the Fee Tail in Downton Abbey
(Vanderbilt Law Review, 2015)
Under the fee tail arrangement at work in Downton Abbey,
known as a fee tail male, possession of the property passes from the
first grantee of the entailed estate, who (of course) is a male, to his
lineal male heirs. ...
Why Choose? A Response to Rachlinski, Wistrich, & Guthrie's "Heart Versus Head: Do Judges Follow the Law or Follow Their Feelings?"
(Texas Law Review, 2015)
In "Heart Versus Head," Rachlinski, Guthrie, and Wistrich present experimental findings suggesting that judges sometimes rule on the basis of emotion rather than reason. Though there is much of value in their findings, ...
How Changes in American Culture Triggered Hyper-Incarceration: Variations on the Tazian View
(Howard Law Journal, 2015)
American imprisonment rates are far higher than the rates in virtually every Western country, even after taking into account differing rates of crime. The late Professor Andrew Taslitz suggested that at least one explanation ...
Standing and Covert Surveillance
(Pepperdine Law Review, 2015)
This Article, written for a symposium on national security, describes and analyzes standing doctrine as it applies to covert government surveillance, focusing on practices thought to be conducted by the National Security ...