Law School: Recent submissions
Now showing items 1221-1240 of 1363
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(University of Colorado Law Review, 2010)This Article discusses how state public utility law presents a barrier to the siting of new high voltage transmission lines to serve renewable resources, and how states could approach its evolution in order to preserve a ...
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(Nebraska Law Review, 2004)....what I examine here is whether scientific-style peer review, depending on how it is dosed out, could be counterproductive for environmental law.The use of peer review as a component of regulatory procedure has not ...
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(Alabama Law Review, 2004)In "Atkins v. Virginia", the U.S. Supreme Court held that people with mental retardation may not be executed. z Many advocates for people with disability cheered the decision, because it provides a group of disabled people ...
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(University of California at Davis Law Review, 1997)This article is the third in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. Building on the model outlined in the first two installments (in the Duke and Vanderbilt ...
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(Saint Louis University Law Journal, 2008)Legal scholarship on foreign affairs frequently focuses on the Constitution's text and original meaning, but generally does not fully engage debates about originalism as a method of modern constitutional interpretation. ...
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(Emory Law Journalwww.law.emory.edu/elj, 2003)For more than a century the Supreme Court of the United States has championed family as an institution of constitutional significance. The Court recently affirmed this position in Troxel v. Granville, 530 U.S. 57 (2000). ...
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(Cumberland Law Review, 1999)The settlement of the Attorney Generals' suits against the cigarette industry for $206 billion was a landmark outcome. By any standard, the financial stakes were enormous, dwarfing eventhe largest tort liability judgments ...
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(Arizona Law Review, 1998)Can juries handle complex cases? One way to frame this question in behavioral science terms is to ask: What tasks can juries perform well and what tasks will they perform poorly? Our basic precept is that the legal system ...
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(Virginia Law Review, 1999)Contemporary corporate scholarship generally assumes that the central economic problem addressed by corporation law is getting managers and directors to act as loyal agents for shareholders. We take issue with this approach ...
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Capacity to Contest a Search and Seizure: the Passing of Old Rules and Some Suggestions for New Ones (American Criminal Law Review, 1981)Professor Slobogin examines recent Supreme Court decisions involving standing to challenge search and seizure violations, and argues that the Court's commitment to a "totality of the circumstances" approach has permitted ...
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(Emory Law Journalwww.law.emory.edu/elj, 2006)Civil commitment, confinement under sexual predator laws, and many capital and noncapital sentences depend upon proof of a propensity toward violence. This Article discusses the current state of prediction science, in ...
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(Florida Law Review, 1996)If the assertions that this essay makes about the Court's "unfair" prosecution-orientation withstand scrutiny,"3 two further conclusions might follow. First, the highest court in the country is so fixated on ensuring that ...
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(Widener Law Symposium Journal, 1998)Urban central cities present a host of environmental problems including, but not limited to, industrial pollution, brownfields, smog, and environmental injustice. Rural and agricultural areas also experience environmental ...
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(Vanderbilt Law Review, 2004)Jury sentencing in non-capital cases is one of the least understood procedures in contemporary American criminal justice. This Article looks beyond idealized visions of jury sentencing to examine for the first time how ...
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(Virginia Environmental Law Journal, 2009)The geographic footprint of cities--the space they occupy--is relatively small in comparison to their ecological footprint, which is measured in terms of impact on the sustainability of resources situated mostly outside ...
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(Environs Environmental Law & Policy Journal, 2002)Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on ...
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(Fordham Law Review, 2000)This Article has argued that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows ...
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(University of Pennsylvania Law Review, 1984)The defendant-first approach advocated in this Article is more difficult to implement than either the current policy admitting any proffered expert testimony or the exclusionary reform advanced by many commentators. It ...
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(California Law Review, 2011)Judges are human and experience emotion when hearing cases, though the standard account of judging long has denied that fact. In the post-realist era it is possible to acknowledge that judges have emotional reactions to ...
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(Texas Tech Law Review, 2009)This article, written for a symposium on "Criminal Law and the Excuses," defends the "Integrationist" approach to analysis of the exculpatory effect of mental disability that I developed in Chapter Two of my book, Minding ...