Search
Now showing items 1-10 of 12
Reasonable Expectations of Privacy and Autonomy in Fourth Amendment Cases: An Empirical Look at "Understandings Recognized and Permitted by Society"
(Duke Law Journal, 1993)
This Article reports an attempt to investigate empirically
important aspects of the Fourth Amendment to the United States
Constitution, as construed by the United States Supreme Court. In
the course of doing so, it ...
Telling Stories Out of School: An Essay on Legal Narratives
(Stanford Law Review, 1993)
Once upon a time, the law and literature movement taught us that stories have much to say to lawyers, and Robert Cover taught us that law is itself a story. Instead of living happily ever after with that knowledge, some ...
The Value of Risks to Life and Health
(Journal of Economic Literature, 1993)
The 1980s marked the first decade in which use of estimates of the value of life based on risk tradeoffs became widespread throughout the Federal government. Previously, agencies assessed only the lost present value of the ...
Cigarette Warnings: The Perils of the Cipollone Decision
(Supreme Court Economic Review, 1993)
In Cipollone v Liggett Group, Inc., a splintered Court concluded that cigarette smokers who are injured through their consumption of tobacco may bring some state law tort claims against the manufacturers of the cigarettes. ...
Product Liability, Research and Development, and Innovation
(The Journal of Political Economy, 1993)
Product liability ideally should promote efficient levels of product
safety, but misdirected liability efforts may depress beneficial innovations.
This paper examines these competing effects of liability
costs on product ...
Judicial Review of Defensive Tactics in Proxy Contests: When is Using a Rights Plan Right?
(Vanderbilt Law Review, 1993)
Incumbent management has long enjoyed broad discretion in its
use of Rights Plans in proxy contests and joint offers. Legal scholars
have accepted the justifications for permitting incumbents such latitude
with little ...
Auctioning Class Action and Derivative Lawsuits: A Critical Analysis
(Northwestern University Law Review, 1993)
Numerous legal academics and practitioners have criticized the handling by plaintiffs' attorneys of large-scale class action and derivative lawsuits. These critiques point out attorneys' abuse of the legal system, ranging ...
Racial Jurymandering: Cancer or Cure? A Contemporary Review of Affirmative Action in Jury Selection
(New York University Law Review, 1993)
Racial and ethnic minorities continue to be substantially underrepresented on criminal
juries. At all stages of jury selection-venue choice, source list development, qualified
list development, and jury panel and foreperson ...
Without Virtue There Can Be No Liberty
(Minnesota Law Review, 1993)
Over the past two and a quarter centuries, Americans have understood rights and liberties in a variety of different ways. What I hope to do in this essay is to describe the two most prominent traditions of our heritage of ...
Social Constraint or Implicit Collusion?: Toward a Game Theoretic Analysis of Stare Decisis
(Seton Hall Law Review, 1993)
This Article suggests an alternative, internal rationale for why judges follow precedents. The Article posits that stare decisis has evolved as a result of judges' preference for the doctrine. The Article begins with an ...