Law School: Recent submissions

Now showing items 1161-1180 of 1363

    • Tour of Mistakes 
      Edelman, Paul H. (Northwestern University Law Review, 1998)
    • Technologically-Assisted Physical Surveillance: The American Bar Association's Tentative Draft Standards 
      Slobogin, Christopher, 1951- (Harvard Journal of Law & Technology, 1997)
      As the name implies, the American Bar Association's Tentative Draft Standards Concerning Technologically-Assisted Physical Surveillance is a work in progress...Final approval by the ABA hierarchy is still some time away, ...
    • Background Principles, Takings, and Libertarian Property: A Reply to Professor Huffman 
      Ruhl, J. B.; Blumm, Michael C. (Ecology Law Quarterly, 2010)
      One of the principal, if unexpected, results of the Supreme Court's 1992 decision in "Lucas v. South Carolina" Coastal Commission is the rise of background principles of property and nuisance law as a categorical defense ...
    • Manifesto for the Radical Middle 
      Ruhl, J. B. (Idaho Law Review, 2002)
      This article advocates an active, concerted strategy for staking out the middle ground in environmental policy. The middle ground - the domain of "middle of the roaders" - has conventionally been defined by compromise, and ...
    • Terms of Endearment and Articles of Impeachment 
      Slobogin, Christopher, 1951-; Collier, Charles W., 1950- (Florida Law Review, 1999)
      It is a long-established principle that presidential impeachment is an appropriate remedy only for "high Crimes and Misdemeanors" of a public nature (with the possible exception of private crimes so heinous that the President ...
    • The 1909 Copyright Act in International Context 
      Gervais, Daniel J. (Santa Clara Computer & High Technology Law Journal, 2010)
      The passage of the 1909 U.S. Copyright Act was embedded in a significant period of evolution for international copyright law. Just a year before, the Berne Convention had been revised for the second time. This Berlin (1908) ...
    • Capitalism and the Tax System: A Search for Social Justice 
      Moran, Beverly I. (SMU Law Review, 2008)
      America is a country founded on ideas. The Enlightenment presented one set of ideas that attended our birth, and one Enlightenment belief that is as strong today as during the revolution is our faith in capitalism and the ...
    • World Without a Fourth Amendment 
      Slobogin, Christopher, 1951- (UCLA Law Review, 1991)
      The subject of this Article is suggested by a single question: How would we regulate searches and seizures if the Fourth Amendment did not exist? This question is a useful one to ask even leaving aside the possibility of ...
    • In Family Law, Love's Got a Lot to Do With It: A Response to Phillip Shaver 
      Maroney, Terry A. (Virginia Journal of Social Policy & the Law, 2009)
      In a contribution to this Symposium on Law and Emotion: Re-Envisioning Family Law, Phillip Shaver and his co-authors succinctly encapsulate contemporary psychological theory on interpersonal attachment -- primarily ...
    • Introduction to the Symposium on the Model Penal Code's Sentencing Proposals 
      Slobogin, Christopher, 1951- (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 ...
    • Risk Realization, Emotion, and Policy Making 
      Guthrie, Chris (Missouri Law Review, 2004)
      In their study of terrorism and SARS, Professor Feigenson and his colleagues report "significant positive correlations between people's risk perceptions and their negative affect." In their review of the judgment and ...
    • Customizing Employment Arbitration 
      Thomas, Randall S., 1955-; Martin, Kenneth J.; O'Connor, Erin O'Hara, 1965- (Iowa Law Review, 2012)
      According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the ...
    • Juror Delinquency in Criminal Trials in America, 1796-1996 
      King, Nancy J., 1958- (Michigan Law Review, 1996)
      This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. ...
    • The Role of Mental Health Professionals in the Criminal Process: The Case for Informed Speculation 
      Slobogin, Christopher, 1951-; Bonnie, Richard J. (Virginia Law Review, 1980)
      In this article we have attempted to make the case for continued participation by appropriately qualified mental health professionals in the adjudication of reconstructive subjective issues of the criminal law. In Part I, ...
    • The Public and Private Faces of Derivative Lawsuits 
      Thompson, Robert B., 1949- Thomas, Randall S., 1955- (Vanderbilt Law Review, 2004)
      Derivative suits, long the principal vehicle for discussions about representative litigation in corporate and securities law, now share the stage with younger cousins - securities fraud class actions and state law fiduciary ...
    • SEC Enforcement Heuristics: An Empirical Inquiry 
      Thomas, Randall S., 1955-; Cox, James D., 1943- (Duke Law Journal, 2003)
      This Article examines the overlap between SEC securities enforcement actions and private securities fraud class actions. We begin with an overview of data concerning all SEC enforcement actions from 1997 to 2002. We find ...
    • The Economics of Home Production 
      Hersch, Joni, 1956- (Southern California Review of Law & Women's Studies, 1997)
      The composition of the labor force has changed dramatically since 1960. In 1960, only one-third of the labor force participants were female. However, since the 1960s, the labor force rates of men have declined, from 83.3% ...
    • Currencies and the Commodification of Environmental Law 
      Ruhl, J. B.; Salzman, James (Stanford Law Review, 2000)
      The success of several environmental trading markets (ETMs) has led to proposals for broader use of ETMs in environmental and resource management policy. The successful ETMs all share a basic feature-they exchange units ...
    • "Apprendi" and Plea Bargaining 
      King, Nancy J., 1958-; Klein, Susan Riva, 1962- (Stanford Law Review, 2001)
      Before "Apprendi", prosecutors using recidivism as a club could, and did, regularly insist that defendants admit aggravating facts as part of the plea or face additional time. When the prosecutor's threats of added time ...
    • The Myth of the Generalist Judge 
      Cheng, Edward K. (Stanford Law Review, 2008-12)
      Conventional judicial wisdom assumes and indeed celebrates the ideal of the generalist judge, but do judges really believe in it? This Article empirically tests this question by examining opinion assignments in the federal ...