Law School: Recent submissions
Now showing items 1121-1140 of 1363
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(Journal of Economic Literature, 1993)The 1980s marked the first decade in which use of estimates of the value of life based on risk tradeoffs became widespread throughout the Federal government. Previously, agencies assessed only the lost present value of the ...
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(Journal of Corporation Law, 2006)This essay has two goals: to praise Professor Robert Clark as a remarkable corporate scholar, and to explore how his work has helped to advance our understanding of corporations and corporate law. Clark wrote his classic ...
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(Notre Dame Law Review, 2000)This essay responds to claims that the "new" nondelegation doctrine, applied by D.C. Circuit Judge Stephen Williams in "American Trucking Association, Inc. v. EPA", 175 F.3d 1027 (D.C. Cir. 1999), advances the rule of law. ...
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(Columbia Law Review, 2009)The "reference class problem" is a serious challenge to the use of statistical evidence that arguably arises every day in wide variety of cases, including toxic torts, property valuation, and even drug smuggling. At its ...
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(Columbia Law Review, 2007-12)Legal scholars view administrative law as alternately shaped by concerns for procedural integrity and issues of political control, and therefore as consisting of largely conflicting rules. But they have overlooked that the ...
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(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 ...
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(Arkansas Law Review, 2004)Among the matters that have occupied scholars of the Constitution of the United States, four related themes have frequently recurred. One concerns the character of the founding. The second concerns the ongoing implications ...
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(Minnesota Law Review, 2011)Administrative agencies have long proceeded on the assumption that individuals respond to regulations in ways that are consistent with traditional rational actor theory, but that is beginning to change. Agencies are now ...
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(University of Pennsylvania Law Review, 2012)States amass troves of information detailing the regulated activities of their citizens, including activities that violate federal law. Not surprisingly, the federal government is keenly interested in this information. It ...
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(Northern Illinois University Law Review, 2005)"Dred Scott v. Sanford", "Plessy v. Ferguson", "Brown v. Board of Education" and "Grutter v. Bollinger" all demonstrate that law alone is not enough to make social change. Instead, lawyers interested in social change must ...
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(Vanderbilt Journal of Transnational Law, 2011)If the international law of immunity once purported to make foreign states, their rulers, their officials, and their boats all identical in some sense--the sovereign equality of states--today immunity distinguishes and ...
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(Capital University Law Review, 1991)A recent Louis Harris poll revealed that seventy-five percent of the American public believes that college athletics are a mess.' Certainly, if you had read such books as College Sports Inc. ,2 Undue Process,3 Major ...
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(Northwestern University Law Review, 2003)To understand how people behave in an uncertain world - and to make viable recommendations about how the law should try to shape that behavior - legal scholars must employ a model or theory of decision making. Only with ...
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(American Economic Review Papers and Proceedings, 1994)While the popular press may have declared housework passe with the advent of the two-income household (see "Housework is Obsolescent" by Barbara Ehrenreich [1993] for one such example), the facts indicate that housework ...
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(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 ...
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(Saint Louis University Law Journal, 2003)Like Congress, the Supreme Court must delegate a great deal of its work, in this case to lower courts rather than to agencies. Since the Supreme Court is formally at the apex of the judicial pyramid, the Court's decisions ...
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(Stetson Law Review, 2009)On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts ...
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(University of Chicago Law Review, 2008)The government's ability to obtain and analyze recorded information about its citizens through the process known as data mining has expanded enormously over the past decade. Although the best-known government data mining ...
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(Wayne Law Review, 2009)My focus will be on the extent to which the Constitution limits government surveillance activities. The details of regulation should be statutory, but the basis for that statutory regulation must be founded on constitutional ...
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(Ohio State Journal of Criminal Law, 2004)Drawing upon a recent study of felony jury sentencing in Kentucky, Virginia, and Arkansas, this essay highlights some of the similarities and differences between jury sentencing in capital cases and jury sentencing in ...