Law School: Recent submissions

Now showing items 1061-1080 of 1363

    • Timing Matters: Promoting Forum Shopping by Insolvent Corporations 
      Thomas, Randall S., 1955-; Rasmussen, Robert K. (Northwestern University Law Review, 2000)
      Most commentators decry forum shopping. This general hostility extends to forum shopping by firms filing for bankruptcy. Indeed, Congress is considering legislation designed to reduce forum shopping by companies filing for ...
    • Three Questions for Agriculture About the Environment 
      Ruhl, J. B. (Journal of Land Use & Environmental Law, 2002)
      This article is the third in my series studying agriculture and environmental law. It asks why agriculture has not evolved toward more environmentally responsible behavior and points to possible "green" solutions that will ...
    • Promoting Recycling: Private Values, Social Norms, and Economic Incentives 
      Viscusi, W. Kip; Huber, Joel; Bell, Jason Matthew (American Economic Review, 2011)
      Individual behaviors that benefit the environment are potentially influenced by personal values of environmental quality, social norms that encourage proenvironmental actions, and economic incentives. Economic incentives ...
    • Family at the Birth of American Constitutional Order 
      Brandon, Mark E. (Texas Law Review, 1999)
      In recent years, a number of observers of American politics, law, and society have decried what seem to be fundamental shifts in the structure and function of the family. According to some, these shifts, perhaps reinforced ...
    • State Constitutional Law: Doing the Right Thing 
      Sherry, Suzanna (Rutgers Law Journal, 1994)
      Fifteen years after a prominent American jurist urged a revitalization of state constitutional law, a somewhat less prominent American legal scholar announced that state constitutional law was "a vast wasteland of confusing, ...
    • Structural Laws and the Puzzle of Regulating Behavior 
      Cheng, Edward K. (Northwestern University Law Review, 2006)
      This Article offers a new way of thinking about over criminalization. It argues that in regulating behavior, legislatures have relied excessively on statutory prohibitions and ex post enforcement by police and prosecutors. ...
    • Multijurisdictional Estates and Article II of the Uniform Probate Code 
      Schoenblum, Jeffrey A. (Albany Law Review, 1992)
      The prefatory note to the 1990 revisions of article II of the Uniform Probate Code ("UPC") indicates that the changes wrought are a response to several developments since the promulgation of the UPC in 1969. The prefatory ...
    • Punitive Damages by Numbers: Exxon Shipping Co. v. Baker 
      Hersch, Joni, 1956-; Viscusi, W. Kip (Supreme Court Economic Review, 2010)
      The U.S. Supreme Court decision in Exxon Shipping Co. v. Baker is a landmark that establishes an upper bound ratio of punitive damages to compensatory damages of 1:1 for maritime cases, with potential implications for other ...
    • The Alien Tort Statute and Federal Common Law: A New Approach 
      Wuerth, Ingrid Brunk (Notre Dame Law Review, 2010)
      Federal courts faced with Alien Tort Statute cases have applied customary international law to some issues and federal common law to others. This binary approach is analogous in certain respects to a Bivens action, with ...
    • Adjusting the Value of a Statistical Life for Age and Cohort Effects 
      Viscusi, W. Kip; Aldy, Joseph E. (The Review of Economics and Statistics, 2008)
      To resolve the theoretical ambiguity in the effect of age on the value of statistical life (VSL), this article uses a novel, age-dependent fatal risk measure to estimate age-specific hedonic wage regressions. VSL exhibits ...
    • Beyond All Criticism? 
      Farber, Daniel A., 1950-; Sherry, Suzanna (Minnesota Law Review, 1999)
      We knew, of course, that we were treading on dangerous ground in challenging radical multiculturalism. In writing Beyond All Reason we argued that the radicals' postmodern theories conflict deeply with their own laudable ...
    • The Liberal Assault on the Fourth Amendment 
      Slobogin, Christopher, 1951- (2007)
      As construed by the Supreme Court, the Fourth Amendment's reasonableness requirement regulates overt, non-regulatory government searches of homes, cars, and personal effects-and virtually nothing else. This essay is primarily ...
    • Carcinogen Regulation: Risk Characteristics and the Synthetic Risk Bias 
      Viscusi, W. Kip (AEA Papers and Proceedings, 1995)
      In this paper, I will explore the decision to regulate natural and synthetic chemicals. To what extent are regulatory decisions driven by the severity of the risk as opposed to the character of the risk exposure? The ...
    • Do Smokers Underestimate Risks? 
      Viscusi, W. Kip (Journal of Political Economy, 1990)
      This paper uses a national survey of 3,119 individuals to examine the effect of lung cancer risk perceptions on smoking activity. Both smokers and nonsmokers greatly overestimate the lung cancer risk of cigarette smoking, ...
    • Inside the Administrative State: A Critical Look at the Practice of Presidential Control 
      Bressman, Lisa Schultz; Vandenbergh, Michael P. (Michigan Law Review, 2006)
      From the inception of the administrative state, scholars have proposed various models of agency decision-making to render such decision-making accountable and effective, only to see those models falter when confronted by ...
    • The Barking Dog 
      Sherry, Suzanna (Case Western Reserve Law Review, 1996)
      Professor Tushnet, and indeed many of the participants in this symposium, seem to believe that United States v. Lopez will have some lasting significance. Those participants who disagree have suggested that the case's lack ...
    • Logic Without Experience: The Problem of Federal Appellate Courts 
      Sherry, Suzanna (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 ...
    • Judicial Independence: Playing Politics with the Constitution 
      Sherry, Suzanna (Georgia State University Law Review, 1998)
      I begin with a question: why have a conference on judicial independence? To find the answer, one need only read the newspapers. Judicial independence-as well as its political counterpart, judicial impeachment-is a hot topic ...
    • Judicial Federalism in the Trenches: The Rooker-Feldman Doctrine in Action 
      Sherry, Suzanna (Notre Dame Law Review, 1999)
      One little-noticed side effect of the litigation explosion in this country is the exponential growth of federal doctrines designed to simplify complex litigation. Many of these doctrines have been created and applied largely ...
    • Overruling Erie: Nationwide Class Actions and National Common Law 
      Sherry, Suzanna (University of Pennsylvania Law Review, 2008)
      In this essay, part of a symposium on the Class Action Fairness Act, I argue that CAFA should be read as having overruled Erie Railroad Co. v. Tompkins as applied to the nationwide class actions that fall within CAFA's ...