Law School: Recent submissions
Now showing items 781-800 of 1363
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(Howard Law Journal, 1996)All the federal tax decisions of the Burger Court are reviewed in order to demonstrate that widely held beliefs about statutory interpretation in tax cases are misleading. For example, although the literature asserts that ...
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(Villanova Law Review, 2006)The question about the privacy of medical information can be stated simply: To what extent can and should patients control what the medical record contains and who has access to it and for what purposes? Patients often ...
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(San Diego Journal of Climate & Energy Law, 2012)Since the New Deal, federal preemption has precluded many state and local regulatory decisions that depart from wholesale electric prices determined under federal standards. Recent decisions treat prices that meet the ...
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(Journal of Labor Economics, 2008)Using data from the New Immigrant Survey 2003, this paper shows that skin color and height affect wages among new lawful immigrants to the U.S. controlling for education, English language proficiency, occupation in source ...
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(University of Illinois Law Review, 2011)Doctrine is at the center of law and legal analysis. This Article argues that we have fundamentally misunderstood its nature. The conventional approach to legal doctrine focuses on theory and applications. What is the ...
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(Constitutional Commentary, 1999)This article is part of a symposium on constitutional law, the theme of which is to explore real constitutional issues deriving from specific cases within a fictional exercise. These cases, all taken from the historical ...
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(The University of Chicago Law Review, 1995)The United States Supreme Court has long recognized what none of us can doubt: education is vital to citizenship in a democratic republic. Moreover, because the Court has left open the question whether there might be a ...
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(Marquette Law Review, 2004)Negotiation is often viewed as an alternative to adjudication. In fact, however, negotiation and adjudication may be more alike than different because each is a process of persuasion. Both in the courtroom and at the ...
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(Marquette Law Review, 2004)The theory of principled or problem-solving negotiation assumes that negotiators are able to identify their interests (or what they really want) in a negotiation. Recent research on effective forecasting calls this assumption ...
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(Marquette Law Review, 2004)In this essay, written for a symposium on The Emerging Interdisciplinary Cannon of Negotiation, we examine the role of heuristics in negotiation from two vantage points. First, we identify the way in which some common ...
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(The Journal of Legal Studies, 1995)This article examines the effect of the liability reforms on medical malpractice insurance over the 1984-91 period. This is the first study to use data by firm and by state for every firm writing medical malpractice insurance ...
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(The American Journal of Legal History, 1996)Guardianship goes back quite far in legal history; it has been a feature of American law since the colonial period. Something like guardianship is a necessity in a system that recognizes private ownership of property, while ...
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(UCLA Law Review, 2013)Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of ...
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(The American Journal of Legal History, 1999)The history of adoption law and practice has received scant attention from legal scholars and historians. Most of what little scholarship there is focuses on the history of adoption to the mid-nineteenth century, when the ...
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(Southern Economic Journal, 2007)This article uses several within-sample tests to assess whether current seatbelt usage decisions are consistent with the stated preferences of survey respondents. The expressed survey values of statistical life are positively ...
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(The American Economic Review, 1999)Using original data on the cleanup of 130 hazardous waste sites, we examine the degree Superfund decisions are driven by efficiency concerns, biases in risk perceptions, and political factors. Target risk levels chosen by ...
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(Ohio Norhtern University Law Review, 2002)The bibliography surveys all tax articles (but not Notes) from 1954 to 2001 in high prestige law journals in the United States, United Kingdom, Australia and Canada. The bibliography compares number of articles produced ...
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(Chicago Journal of International Law, 2010)The Doha Development Agenda (Doha Round) of multilateral trade negotiations at the World Trade Organization (WTO) may fail unless a solution to the establishment of a multilateral register for geographical indications on ...
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(New York University Law Review, 1998)The 1980s and 1990s witnessed an extraordinary amount of police, legislative, judicial, scholarly, and community activity around hate crime. Such activity was attributable to a new "anti-hate-crime movement," conditions ...
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(Federal Sentencing Reporter, 2000)The Court in Apprendi v. New Jersey, ___ U.S. ___ (2000), held as a matter of due process that any fact, other than a prior conviction, that increases the penalty for an offense beyond the prescribed statutory maximum must ...