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Now showing items 31-40 of 463
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 ...
Beyond Accountability: Arbitrariness and Legitimacy in the Administrative State
(New York University Law Review, 2003)
This Article argues that efforts to square the administrative state with the constitutional
structure have become too fixated on the concern for political accountability. As a result, those efforts have overlooked an ...
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, ...
Supreme Court Monitoring of the United States Courts of Appeals En Banc
(Supreme Court Economic Review, 2001)
This article considers systematically whether the Supreme Court is more likely to review an en banc court of appeals decision than a panel decision. First, we consider Supreme Court review of en banc cases during the ...
Introduction to the Symposium on the Model Penal Code's Sentencing Proposals
(Florida Law Review, 2009)
Begun in the 1950s, the drafting of the Model Penal Code (the Code) differed from the typical American Law Institute (AL) "restatement" of the law project because it was an explicit attempt to provide a model statute that ...
Symposium on Neglected Justices
(Vanderbilt Law Review, 2009)
Given the legal academy's penchant for ranking, it is hardly a surprise that legal scholars have turned their attention to crafting lists of the greatest Justices of the Supreme Court. As with ratings of decisions, however, ...
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 ...
Regulatory Traffic Jams
(Wyoming Law Review, 2002)
Notwithstanding the tremendous amount of attention environmental agencies, policy analysts, and scholars have paid to "regulatory reinvention," it has been pitched primarily as a refinement of the sanction and facilitation ...
An Empirical Assessment of Early Offer Reform for Medical Malpractice
(Journal of Legal Studies, 2007)
The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic losses and reasonable attorney fees. Using a large sample of closed individual ...
The Pardy-Ruhl Dialogue on Ecosystem Management, Part IV: Narrowing and Sharpening the Questions
(Pace Environmental Law Review, 2007)
This article, fourth in a five-part dialogue appearing in the Pace ELR, further responds to Professor Bruce Pardy's critique of ecosystem management. I defend ecosystem management, arguing it does not involve the standardless, ...