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Now showing items 21-30 of 36
The Lawyer's Philosophical Map and the Disputant's Perceptual Map: Impediments to Facilitative Mediation and Lawyering
(Harvard Negotiation Law Review, 2001)
Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes ...
Brain Plasticity and Spanish Moss in Biolegal Analysis
(Florida Law Review, 2001)
The field of law and biology is growing rapidly, and the good scholarship typically has much to do with Owen Jones... The general message that Professor Jones disseminates in his articles is important. Law cannot reach ...
Apples for Oranges
(Environmental Law Reporter, 2001)
Over the last decade, there has been a sea change in environmental law and policy, marked by growing interest in market-based instruments of environmental protection. In particular, approaches that explicitly commodify ...
The Cashless Corporate Tax
(Tax Law Review, 2001)
Proposals for reforming the federal corporate income tax are neverending and ever-multiplying. They range from those that merely tinker around the edges, such as most recent proposals attacking the various perceived abuses ...
The Most Dangerous Justice Rides Again: Revisiting the Power Pageant of the Justices
(Minnesota Law Review, 2001)
Who is the most powerful Supreme Court Justice? In 1996 we measured voting power on the Court according to each Justice's ability to form five-member coalitions. From the set of all coalitions formed by the Court during ...
Too Clever By Half: The Problem with Novelty in Constitutional Law
(Northwestern University Law Review, 2001)
As Robert Bennett's article illustrates, the "counter-majoritarian difficulty" remains--some forty years after its christening--a central theme in constitutional scholarship. [See Robert W. Bennett, "Counter-Conversationalism ...
Litigating Challenges to Executive Pay: An Exercise in Futility?
(Washington University Law Quarterly, 2001)
This paper is an empirical analysis of plaintiffs' success rates in executive compensation litigation. Using data from publicly available files, this study examines a sample of 124 cases where shareholders have challenged ...
Paradoxes of Fair Division
(The Journal of Philosophy, 2001)
Paradoxes, if they do not define a field, render its problems intriguing and often perplexing, especially insofar as the paradoxes remain unresolved. Voting theory, for example, has been greatly stimulated by the Condorcet ...
Homogenized Law: Can the United States Learn from African Mistakes?
(Fordham International Law Journal, 2001)
For the last fifty years we have seen an outflow of United States laws to developing countries. This legal outflow has caused problems of enforcement in societies that do not share the values, needs or concerns of the law ...
The Social Meaning of Environmental Command and Control
(Virginia Environmental Law Journal, 2001)
This essay draws on the new social norms literature to examine one of the possible reasons for the public misperceptions about the sources of the remaining environmental problems. The essay suggests that one of the insights ...