Now showing items 1-20 of 1128

    • Gervais, Daniel J. (Santa Clara Computer & High Technology Law Journal, 2010)
      The passage of the 1909 U.S. Copyright Act was embedded in a significant period of evolution for international copyright law. Just a year before, the Berne Convention had been revised for the second time. This Berlin (1908) ...
    • Rossi, Jim, 1965- (Florida State University Law Review, 1997)
      This Article examines the recent history of APA reform in Florida and surveys several provisions of the 1996 revised Florida APA that are likely to have a major effect on agency governance. Part II of this Article briefly ...
    • Sherry, Suzanna; Farber, Daniel A., 1950- (Stanford Law Review, 1994)
      Last April, Professors Daniel Farber and Suzanna Sherry published a critique in these pages of the legal storytelling movement. Their legal position has been the subject of several responses, including an essay by Professor ...
    • Bressman, Lisa Schultz (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 ...
    • Ruhl, J. B.; Fischman, Robert, 1962- (Minnesota Law Review, 2010)
      Adaptive management has become the tonic of natural resources policy. With its core idea of "learning while doing," adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in ...
    • Viscusi, W. Kip; O'Connor, Charles J. (American Economic Review, 1984)
      A fundamental issue in the economics of uncertainty is how individuals process information and make choices under uncertainty. In a recent analysis of the findings on risk perception, Kenneth Arrow (1982) concluded that ...
    • Viscusi, W. Kip; Aldy, Joseph E. (The Review of Economics and Statistics, 2008)
      To resolve the theoretical ambiguity in the effect of age on the value of statistical life (VSL), this article uses a novel, age-dependent fatal risk measure to estimate age-specific hedonic wage regressions. VSL exhibits ...
    • Stack, Kevin M. (Columbia Law Review, 2015)
      This Essay offers a specification of the rule of law’s demands of administrative law and government inspired by Professor Peter L. Strauss’s scholarship. It identifies five principles—authorization, notice, justification, ...
    • Maroney, Terry A. (Notre Dame Law Review, 2011)
      In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits a sentence of life without possibility of parole for a non-homicide crime committed when the offender was under the age of eighteen. In an ...
    • Guthrie, Chris; Grossman, Joanna L. (The American Journal of Legal History, 1999)
      The history of adoption law and practice has received scant attention from legal scholars and historians. Most of what little scholarship there is focuses on the history of adoption to the mid-nineteenth century, when the ...
    • Allensworth, Rebecca Haw (Northwestern University Law Review, 2012)
      The adversarial presentation of expert scientific evidence tends to obscure academic consensus. In the context of litigation, small, marginal disagreements can be made to seem important and settled issues can be made to ...
    • Clarke, Jessica A. (Oregon Law Review, 2005)
      This Article examines the conditions under which acting as if one has a particular legal status is sufficient to secure that status in the eyes of the law. Legal determinations of common-law marriage, functional parenthood, ...
    • Clayton, Ellen Wright; Clayton, Jay, 1951- (Vanderbilt Law Review, 1990)
      When organizing this Symposium on the topic of "Law, Literature, and Social Change," we asked whether current trends in literature and in literary, social, and legal theory actually could play a role in bringing about ...
    • Sherry, Suzanna (Constitutional Commentary, 2000)
      Congress should repeal 28 U.S.C. § 1332 in its entirety, abolishing diversity jurisdiction altogether.
    • Clarke, Jessica A. (Yale Law Journal, 2015)
      Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include ...
    • Viscusi, W. Kip (The Review of Economics and Statistics, 1991)
      Abstract-The results of a national survey of smoking risks and smoking behavior are analyzed. Smoking risk perceptions follow the expected patterns given age differences in risk information acquired and differences in ...
    • Ruhl, J.B.; Robisch, Kyle (William & Mary Law Review, 2016)
      Discretion is the root source of administrative agency power and influence, but exercising discretion often requires agencies to undergo costly and time-consuming pre-decision assessment programs, such as under the Endangered ...
    • Rossi, Jim, 1965-; Freeman, Jody (Harvard Law Review, 2012)
      This Article argues that inter-agency coordination is one of the great challenges of modern governance. It explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to "share ...
    • Stack, Kevin M. (Cardozo Law Review, 2011)
      Separation of powers has a new endeavor. The PCAOB decision makes the validity of good-cause removal protections depend on the separation of adjudicative from policymaking and enforcement functions within the agency. At a ...
    • 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 ...