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The Environmental Law of Farms
(Environmental Law Reporter, 2001)
Farms and farming are intrinsically linked with human civilization, and have had a dramatic impact on our planet's landscape and environmental systems. Environmental regulation in the United States, though young when ...
The Most Dangerous Justice Rides Again: Revisiting the Power Pageant of the Justices
(Minnesota Law Review, 2001)
Who is the most powerful Supreme Court Justice? In 1996 we measured voting power on the Court according to each Justice's ability to form five-member coalitions. From the set of all coalitions formed by the Court during ...
Court Fixing
(Arizona Law Review, 2001)
This Article critically examines the existing social science evidence on the relative importance of various individual factors on judicial behavior and adds to that evidence by considering the influence of prior academic ...
Accommodation and Equal Liberty
(William and Mary Law Review, 2001)
How should legislatures respond to requests from religious individuals or institutions for exemptions to generally applicable laws? In Employment Division v. Smith, the Supreme Court held that the Free Exercise Clause does ...
Constitutional Risks to Equal Protection in the Criminal Justice System
(Harvard Law Review, 2001)
This Note has examined the consequences of a shift in the equal protection context - a move from a traditional particularized harm perspective to a constitutional risk perspective focused on systemic harms. It has also ...
Paradoxes of Fair Division
(The Journal of Philosophy, 2001)
Paradoxes, if they do not define a field, render its problems intriguing and often perplexing, especially insofar as the paradoxes remain unresolved. Voting theory, for example, has been greatly stimulated by the Condorcet ...
Too Clever By Half: The Problem with Novelty in Constitutional Law
(Northwestern University Law Review, 2001)
As Robert Bennett's article illustrates, the "counter-majoritarian difficulty" remains--some forty years after its christening--a central theme in constitutional scholarship. [See Robert W. Bennett, "Counter-Conversationalism ...
Jurors, Judges, and the Mistreatment of Risk by the Courts
(Journal of Legal Studies, 2001)
A sample of almost 500 jury-eligible citizens considered a series of experimental
situations involving accidents. The juror sample did not properly apply negligence
rules, as their errors were particularly great for ...
Litigating Challenges to Executive Pay: An Exercise in Futility?
(Washington University Law Quarterly, 2001)
This paper is an empirical analysis of plaintiffs' success rates in executive compensation litigation. Using data from publicly available files, this study examines a sample of 124 cases where shareholders have challenged ...
The Challenge of Punitive Damages Mathematics
(The Journal of Legal Studies, 2001)
Proposals to provide juries with specific numerical instructions for setting punitive damages should bring greater rationality to punitive damages awards. This approach is tested using evidence from 353 jury-eligible ...