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Now showing items 1-10 of 38
The Wisconsin Diploma Privilege: Try It, You'll Like It
(Wisconsin Law Review, 2000)
The big question that the Wisconsin diploma privilege raises is whether waivers into practice upon graduation can work outside the Dairy State. Is Wisconsin simply so unique that its successful experience cannot be replicated ...
Private Values of Risk Tradeoffs at Superfund Sites: Housing Market Evidence on Learning About Risk
(The Review of Economics and Statistics, 2000)
This paper incorporates a Bayesian learning model into a hedonic framework to estimate the value that residents place on avoiding cancer risks from hazardous-waste sites. We show that residents are willing to pay to avoid ...
Currencies and the Commodification of Environmental Law
(Stanford Law Review, 2000)
The success of several environmental trading markets (ETMs) has led to proposals for broader use of ETMs in environmental and resource management policy. The successful ETMs all share a basic feature-they exchange units ...
Risk Equity
(The Journal of Legal Studies, 2000)
Risk equity serves as the purported rationale for a wide range of inefficient policy practices, such as the concern that hypothetical individual risks not be too great. This paper proposes an alternative risk equity concept ...
Apres Apprendi
(Federal Sentencing Reporter, 2000)
The Court in Apprendi v. New Jersey, ___ U.S. ___ (2000), held as a matter of due process that any fact, other than a prior conviction, that increases the penalty for an offense beyond the prescribed statutory maximum must ...
Framing Frivolous Litigation: A Psychological Theory
(University of Chicago Law Review, 2000)
This Article uses an often-overlooked component of prospect theory to develop a positive theory of frivolous or low-probability litigation. The proposed Frivolous Framing Theory posits that the decision frame in frivolous ...
Foreword: Is Justice Just Us?
(Hofstra Law Review, 2000)
This is a review of JUSTICE, LIABILITY AND BLAME, by Paul Robinson and John Darley. The book is a summary of 18 studies which surveyed lay subjects about their attitudes toward various aspects of criminal law doctrine, ...
Implied Limits on the Legislative Power: The Intellectual Property Clause as an Absolute Constraint on Congress
(University of Illinois Law Review, 2000)
Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins ...
Doubts About Daubert: Psychiatric Anecdata as a Case Study
(Washington & Lee Law Review, 2000)
In Daubert v. Merrell Dow Pharmaceuticals Inc., the Supreme Court sensibly held that testimony purporting to be scientific is admissible only if it possesses sufficient indicia of scientific validity. In Kumho Tire Co. v. ...
All or Nothing: Explaining the Size of Supreme Court Majorities
(North Carolina Law Review, 2000)
In this Article, Professors Edelman and Sherry use a probabilistic model to explore the process of coalition formation on the United States Supreme Court. They identify coalition formation as a Markov process with absorbing ...