Law School: Recent submissions
Now showing items 681-700 of 1363
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(Judicature, 2006)Judges are deeply divided about the issue of independent research, which goes to the heart of their roles and responsibilities in the legal system. To many judges, doing independent research when confronted with new and ...
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(Creighton Law Review, 1997)Part I of this Article reviews the Jaffee decision.' Part II discusses the meaning of the Supreme Court's opinion, focusing on the Court's analysis of the important interests at stake in recognizing the asserted testimonial ...
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(Harvard Journal of Law & Public Policy, 1991)As the Supreme Court's 1989 Term reached its conclusion, observers expected the Court to follow "City of Richmond v. J.A. Croson Co." and invalidate two Federal Communications Commission (FCC) minority preference policies ...
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(University of Pennsylvania Law Review, 2014)It has been over a hundred years since George Bernard Shaw wrote that “[a]ll professions are a conspiracy against the laity.” Since then, the number of occupations and the percentage of workers subject to occupational ...
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(Brooklyn Law Review, 2002)Part I of this Article discusses the rising number of extradition requests by the United States, the common grounds for denial of extradition, and the controversies that such denials have aroused. Part II examines Soering ...
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(University of Chicago Law Review, 2012)This Article argues for a new and unexpected mechanism of judicial accountability: suing courts. Current models of court accountability focus almost entirely on correcting legal errors. A suit against the court would ...
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(Federal Sentencing Reporter, 2006)The political right pushes for the strengthening of our criminal justice system by expanding victims' rights at the expense of defendant protections. The political left advocates the gradual replacement of the criminal ...
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(Federal Sentencing Reporter, 2012)n 2007, researchers from the National Center for State Courts and Vanderbilt University Law School reported the findings from a study of litigation in 2384 randomly selected, non-capital habeas cases, approximately 6.5% ...
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(Fordhan Urban Law Journal, 2013)The term “exclusionary zoning” typically describes a particular phenomenon: suburban large-lot zoning that reduces the supply of developable land and drives up housing prices. But exclusionary zoning in its modern form ...
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(Michigan Law Review, 2012)The age of statutes has given way to an era of regulations, but our jurisprudence has fallen behind. Despite the centrality of regulations to law, courts have no intelligible approach to regulatory interpretation. The ...
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(Harvard Law Review, 2008)Few think of counterinsurgency as linked to constitutional design. Counterinsurgency is bottom-up; constitutional design is top-down. Counterinsurgency is military; constitutional design is political-legal. Counterinsurgency ...
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(Foundations and Trends in Microeconomics, 2010)Economic research has developed estimates of the heterogeneity of the value of statistical life (VSL) on dimensions such as individual age, income, immigrant status, and the nature of the risk exposure. This paper examines ...
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(The RAND of Economics, 1994)Risk regulations directly reduce risks, but they may produce offsetting risk increases. Regulated risks generate a substitution effect, as individuals' risk-averting actions will diminish. Recognition of these effects ...
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(Journal of Labor Economics, 1986)Whereas previous analyses of criminal deterrence have focused on the effect of criminal enforcement on crime rates, this study analyzes the existence of compensating differentials for criminal pursuits. By analyzing the ...
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(Colorado Law Review, 2004)There is a peculiar point of agreement between prominent defenders of originalist and dynamic interpretive methods, that their preferred interpretive approach applies not just to statutes or to the Constitution, but to ...
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(Law and Contemporary Problems, 1998)Professor Currie's article [See David P. Currie, "Separating Judicial Power", 61 LAW & CONTEMPORARY PROBLEMS 7 (Summer 1998) ] discusses historical attempts to limit judicial independence. I consider the converse: how ...
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(Clinical Law Review, 2013)Clinical teaching is a Baby Boomer. After an extended infancy, it came of age in the 1960s. It challenged the entrenched isolation and aloofness of law school by questioning the very methods by which law is taught. Channeling ...
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(The RAND Journal of Economics, 2012)After developing a conceptual analysis of consumer valuation of multiple risks, we explore both economic and cognitive hypotheses regarding individual risk-taking. Using a sample of over 1,500 consumers, our study ...
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(Minnesota Law Review, 2013)When the Framers of the United States Constitution granted Congress the authority to create a patent system, they certainty did not envision a patent as an a priori entitlement. As it stands now, anyone who files a patent ...
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(Chicago -Kent Law Review, 1997)In this Comment, I shall explore the issue of reviewability, as discussed by Krent, in the context of one flexible approach to regulation-- express agency waiver of regulations. Part I of this Comment addresses the increased ...