Search
Now showing items 1-10 of 23
Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer
(Texas Law Review, 1997)
Law and economics models of litigation settlement, based on the behavioral assumptions of rational choice theory, ignore the many psychological reasons that settlement negotiations can fail, yet they accurately predict ...
Waivers, Flexibility, and Reviewability
(Chicago -Kent Law Review, 1997)
In this Comment, I shall explore the issue of reviewability, as discussed by Krent, in the context of one flexible approach to regulation-- express agency waiver of regulations. Part I of this Comment addresses the increased ...
All the Supreme Court Really Needs to Know It Learned from the Warren Court
(Vanderbilt Law Review, 1997)
It is accepted wisdom among constitutional law scholars that the Supreme Court is now considerably more conservative than it was during the tenure of Chief Justice Earl Warren. In this Article, I hope to suggest that the ...
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 Mediation As a Complex Adaptive System
(Brigham Young University Law Review, 1997)
This article uses my work on complex adaptive systems to think about how litigation and mediation differ in terms of adaptive qualities, suggesting that mediation is indeed a more adaptive mode of dispute resolution in ...
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, ...
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 ...
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 ...
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 ...
The 1996 Revised Florida Administrative Procedure Act: A Survey of Major Provisions Affecting Florida Agencies
(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 ...