Law School: Recent submissions

Now showing items 701-720 of 1363

    • Economic Contests: Comparative Reward Schemes 
      Viscusi, W. Kip; O'Keeffe, Mary; Zeckhauser, Richard (Journal of Labor Economics, 1984)
      Contests are situations in which an individual's reward depends on his performance relative to others. Students are graded on a curve; the candidate with the most votes gets the political office; the un- derling who performs ...
    • Of Dialogue--And Democracy--In Administrative Law 
      Rossi, Jim, 1965- (Columbia Law Review Sidebar, 2012)
      Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for ...
    • Beyond Goldwasser: Ex Post Judicial Enforcement in Deregulated Markets 
      Rossi, Jim, 1965- (Michigan State DCL Law Review, 2003)
      Regulatory agencies are increasingly adopting ex ante rules to set market access terms and conditions for network industries. At the same time, in industries such as telecommunications and electric power transmission and ...
    • The 1996 Revised Florida Administrative Procedure Act: A Survey of Major Provisions Affecting Florida Agencies 
      Rossi, Jim, 1965- (Florida State University Law Review, 1997)
      This Article examines the recent history of APA reform in Florida and surveys several provisions of the 1996 revised Florida APA that are likely to have a major effect on agency governance. Part II of this Article briefly ...
    • Victim Participation in the Criminal Process 
      O'Connor, Erin O'Hara, 1965- (Journal of Law and Policy, 2005)
      This essay does not promote the Victims' Rights Amendment16 or advocate any other specific victims' rights proposal. 17 Rather, it suggests that, as a positive matter, victim involvement in the criminal process is becoming ...
    • Filling in the 'Larger Puzzle': Clinical Scholarship in the Wake of the Lawyering Process 
      Hurder, Alex J.; Kay, Susan L.; Bloch, Frank S.; Brooks, Susan L. (Clinical Law Review, 2003)
      Gary Bellow's and Bea Moulton's The Lawyering Process challenged conventional legal education on every front, from the types of material included to the questions asked about law and lawyers. Their book has inspired a ...
    • Judging by Heuristic: Cognitive Illusions in Judicial Decision Making 
      Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (Judicature, 2002)
      The institutional legitmacy of the judiciary depends on the quality of the judgments that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public expects judges to avoid ...
    • Deciphering Courts of Appeals Decisions Using the U.S. Courts of Appeals Data Base 
      George, Tracey E., 1967-; Sheehan, Reginald S., 1959- (Judicature, 2000)
      Is one circuit significantly more conservative or liberal than the others? Do circuit courts consistently avoid deciding the substance of certain appeals by concluding that the plaintiffs lack standing? Have state ...
    • Life After Bakke Where Whites and Blacks Agree: Public Support for Fairness in Educational Opportunities 
      Swain, Carol M. (Carol Miller); Rodgers, Robert R.; Silverman, Bernard W. (Harvard Blackletter Law Journal, 2000)
      This Article examines data on public opinion to determine what criteria the public favors in making difficult admissions decisions. Obviously, notions of merit 2 are central to resolving this complicated issue. The data ...
    • An End to Insanity: Recasting the Role of Mental Disability in Criminal Cases 
      Slobogin, Christopher, 1951- (Virginia Law Review, 2000)
      This article argues that mental illness should no longer be the basis for a special defense of insanity. Instead, mental disorder should be considered in criminal cases only if relevant to other excuse doctrines, such as ...
    • Does the Solicitor General Advantage Thwart the Rule of Law in the Administrative State? 
      Rossi, Jim, 1965- (Florida State University Law Review, 2000)
      Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for ...
    • Stratified Juror Selection: Cross-Section by Design 
      Munsterman, G. Thomas; King, Nancy J., 1958- (Judicature, 1996)
      Of the various selection methods that contribute to the underrepresentation of members of racial and ethnic minority groups on juries, peremptory challenges have attracted the most attention in recent years. Yet gains in ...
    • Recollection Bias and the Combat of Terrorism 
      Viscusi, W. Kip; Zeckhauser, Richard J. (The Journal of Legal Studies, 2005)
      Survey respondents assessed the risks of terrorist attacks and their consequences and were asked how their assessments changed from before September 11 to the present. This paper analyzes those current and recollected risk ...
    • Moral Hazard and Merit Rating Over Time: An Analysis of Optimal Intertemporal Wage Structures 
      Viscusi, W. Kip (Southern Economic Journal, 1986)
      In situations of uncertain worker productivity and risk aversion, labor market contracts have a dual objective of promoting incentives and risk spreading. A trade-off between these objectives is present in single period ...
    • The Road Less Taken: Annulment at the Turn of the Century 
      Guthrie, Chris; Grossman, Joanna L. (American Journal of Legal History, 1996)
      It is hardly surprising that certain legal institutions--adoption, wills, and guardianship--have lasted through the centuries. Each meets a different, seemingly timeless need: providing parenting for orphans or abandoned ...
    • The New Labor Market for Lawyers: Will Female Lawyers Still Earn Less? 
      Hersch, Joni, 1956- (Cardozo Women's Law Journal, 2003)
      To examine the magnitude and source of the gender pay disparity among lawyers, this paper uses data from a large national survey reporting individual information for 1990 and 1993 on a wide array of work related and personal ...
    • Alleyne on the Ground: Factfinding that Limits Eligibility for Probation or Parole Release 
      King, Nancy J., 1958-; Applebaum, Brynne (Federal Sentencing Reporter, 2014)
      This article addresses the impact of Alleyne v. United States on statutes that restrict an offender’s eligibility for release on parole or probation. Alleyne is the latest of several Supreme Court decisions applying the ...
    • The Benefits of Mortality Risk Reduction: Happiness Surveys vs. The Value of a Statistical Life 
      Viscusi, W. Kip (Duke Law Journal, 2013)
      A principal component of many benefit-cost analyses (BCAs) of health, safety, and environmental regulations is the valuation of the fatality risk effects of the underlying policy. Government agencies currently value these ...
    • Delay and Its Benefits for Judicial Rulemaking Under Scientific Uncertainty 
      Allensworth, Rebecca Haw (Boston College Law Review, 3/28/2014)
      The Supreme Court’s increasing use of science and social science in its decision-making has a rationalizing effect on law that helps ensure that a rule will have its desired effect. But resting doctrine on the shifting ...
    • The Lawyer's Dilemma: To Be or Not to Be a Problem-Solving Negotiator 
      Hurder, Alex J. (Clinical Law Review, 2007)
      Clinical legal education has not paid sufficient attention to developments in the theoretical understanding of negotiation. A growing body of scholarship on legal negotiation endorses a problem-solving approach to negotiation, ...