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An Empirical Analysis of CEO Employment Contracts
(Washington & Lee Law Review, 2006)
In this paper, we examine the key legal characteristics of 375 employment contracts between some of the largest 1500 public corporations and their Chief Executive Officers. We look at the actual language of these contracts, ...
Judicial Entrepreneurs on the U.S. Courts of Appeals: A Citation Analysis of Judicial Influence
(2006)
Federal courts of appeals are constrained by the power and preferences of the Supreme Court. The principal-agent model reveals that circuit judges gain power largely by avoiding review. We consider, however, whether circuit ...
Behavioral Genetics and Crime, In Context
(Law and Contemporary Problems, 2006)
This Article provides an introduction to some of the key issues at the intersection of behavioral genetics and crime.
It provides, among other things, an overview of the emerging points of consensus, scientifically, on ...
Victims and Prison Release: A Modest Proposal
(Federal Sentencing Reporter, 2006)
The political right pushes for the strengthening of our criminal justice system by expanding victims' rights at the expense of defendant protections. The political left advocates the gradual replacement of the criminal ...
Logic Without Experience: The Problem of Federal Appellate Courts
(Notre Dame Law Review, 2006)
Conventional wisdom holds that federal jurisdiction is contracting and district court discretion is expanding. This Article argues that the conventional wisdom is wrong, and that the true doctrinal trends do not bode well ...
Natural Disaster Risks: An Introduction
(Journal of Risk and Uncertainty, 2006)
An introduction to a special issue of the Journal of Risk and Uncertainty dealing with the implications of catastrophic events for research on risk and uncertainty. What are the
consequences of natural disasters? How do ...
Should Judges Do Independent Research on Scientific Issues?
(Judicature, 2006)
Judges are deeply divided about the issue of independent research, which goes to the heart of their roles and responsibilities in the legal system. To many judges, doing independent research when confronted with new and ...
Reasonableness Review After Booker
(Houston Law Review, 2006)
About a year ago, the Supreme Court in United States v. Booker declared a new standard for the appellate review of federal sentences-reasonableness. Justice Breyer, writing for the Court, asserted reassuringly that the ...
Emotional Competence, "Rational Understanding," and the Criminal Defendant
(American Criminal Law Review, 2006)
Adjudicative competence, more commonly referred to as competence to stand trial, is a highly under-theorized area of law. Though it is well established that, to be competent, a criminal defendant must have a "rational" as ...
"Eggshell" Victims, Private Precautions, and the Societal Benefits of Shifting Crime
(Michigan Law Review, 2006)
Individuals spend billions of dollars every year on precautions to protect themselves from crime. Yet the legal academy has criticized many private precautions because they merely shift crime onto other, less guarded ...