Law School: Recent submissions

Now showing items 821-840 of 1363

    • The Value of Life in Legal Contexts: Survey and Critique 
      Viscusi, W. Kip (American Law and Economics Review, 2000)
    • Between the Frontier and the Big City: Sixty Years of Small-Town Murder Prosecution 
      Guthrie, Chris (Oklahoma Law Review, 1994)
      This article examines small-town murder in Johnson County, Kansas, from 1880 to 1939. While providing lurid details of the murders committed over a sixty-year period in the county's small towns and villages, this article ...
    • An Empirical Evaluation of Specialized Law Reviews 
      Guthrie, Chris; George, Tracey E., 1967- (Florida State University Law Review, 1999)
      The sudden, rapid, and widespread increase in the number of specialized law reviews has attracted relatively little scholarly attention even though it is the most significant development in legal academic publishing in ...
    • I Come Not to Praise the Corporate Income Tax, But to Save It 
      Schlunk, Herwig J. (Tax Law Review, 2003)
      This Article began with a search for a theoretical underpinning that could explain the structure of the current corporate income tax regime, and found such underpinning lacking. It proposed an alternative underpinning for ...
    • Tort Liability Litigation Costs for Commercial Claims 
      Hersch, Joni, 1956-; Viscusi, W. Kip (American Law and Economics Review, 2007)
      This article analyzes tort liability litigation costs using the Texas Department of Insurance Commercial Liability Insurance Closed Claim database for the years 1988–2004. Insurer costs to defend claims in which a suit was ...
    • Constitutional Adjudication in Japan: Context, Structures, and Values 
      Haley, John Owen (Washington University Law Review, 2011)
      Judges in Japan share the prevailing communitarian orientation of their society, an orientation that rejects Manichean choices and moral or "scientific" absolutes, but instead relies on their collective and individual ...
    • The Plight of the Passive Past Owner: Defining the Limits of Superfund Liability 
      Ruhl, J. B. (Southwestern Law Journal, 1991)
      These days, if you want to stir up high emotions in Congress, statehouses, corporate boardrooms or citizen group meetings, mention the word Superfund. That alias for the Comprehensive Environmental Response, Compensation, ...
    • The Shaky Political Economy Foundation of a National Renewable Electricity Requirement 
      Rossi, Jim, 1965- (University of Illinois Law Review, 2011)
      This Article argues that a national renewable portfolio standard (RPS) for electric power is not likely to advance its purported goals, nor is it likely to be adopted by Congress in its present proposed form. For one, a ...
    • Regulating Settlement: What is Left of the Rule of Law in the Criminal Process? 
      King, Nancy J., 1958- (DePaul Law Review, 2007)
      Consider what plea bargains would be like if legal rules were taken more seriously than they currently are. A court would recognize a defendant's willingness to be convicted of an offense only when certain conditions were ...
    • "Statutory NonDelegation": Learning from Florida's Recent Experience in Administrative Procedure Reform 
      Rossi, Jim, 1965- (Widener Journal of Public Law, 1999)
      In this Article, I assess one of the more notable reforms Florida made to its APA in 1996 with the intention of enhancing the accountability of agency rulemaking, and I discuss the lessons other state reformers can learn ...
    • The Denominator Blindness Effect: Accident Frequencies and the Misjudgment of Recklessness 
      Viscusi, W. Kip; Zeckhauser, Richard (American Law and Economics Review, 2004)
      People seriously misjudge accident risks because they routinely neglect relevant information about exposure. Such risk judgments affect both personal and public policy decisions, e.g., choice of a transport mode, but also ...
    • The Dynamics and Determinants of the Decision to Grant En Banc Review 
      George, Tracey E., 1967- (Washington Law Review, 1999)
      The ability of U.S. Courts of Appeals to control the development of law within their respective circuits has been strained by the practice of divisional sittings, the growing caseload at the circuit court level, the ...
    • The Irony of Deregulatory Takings 
      Rossi, Jim, 1965- (Texas Law Review, 1998)
      This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue ...
    • Does the Plaintiff Matter? An Empirical Analysis of Lead Plaintiffs in Securities Class Actions 
      Thomas, Randall S., 1955-; Cox, James D., 1943- (Columbia Law Review, 2006)
      The PSLRA's lead plaintiff provision was adopted in order to encourage large shareholders with claims in a securities fraud class action to step forward to become the class' representative. Congress' expectation was that ...
    • Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer 
      Guthrie, Chris; Korobkin, Russell (Texas Law Review, 1997)
      Law and economics models of litigation settlement, based on the behavioral assumptions of rational choice theory, ignore the many psychological reasons that settlement negotiations can fail, yet they accurately predict ...
    • Reforming Securities Litigation Reform: Restructuring the Relationship Between Public and Private Enforcement of Rule 10B-5 
      Rose, Amanda M. (Columbia Law Review, 2008)
      Commentators have long debated how to reform the controversial Rule 1Ob-5 class action without pausing to ask whether the game is worth the candle. Is private enforcement of Rule lOb-5 worth preserving, or might we be ...
    • The Wisconsin Diploma Privilege: Try It, You'll Like It 
      Moran, Beverly I. (Wisconsin Law Review, 2000)
      The big question that the Wisconsin diploma privilege raises is whether waivers into practice upon graduation can work outside the Dairy State. Is Wisconsin simply so unique that its successful experience cannot be replicated ...
    • Economics, Behavioral Biology, and Law 
      Jones, Owen D.; O'Connor, Erin O'Hara, 1965-; Stake, Jeffrey Evans, 1953- (Supreme Court Economic Review, 2011)
      The article first compares economics and behavioral biology, examining the assumptions, core concepts, methodological tenets, and emphases of the two fields. Building on this, the article then compares the applied ...
    • The Indeterminacy of Historical Evidence 
      Sherry, Suzanna (Harvard Law & Policy Review, 1995)
      I view my task in this Article to be proving that history is indeterminate. The rest of the Articles from this Panel may discuss what to do about the indeterminacy. I would like to put aside the normative questions and a ...
    • Tarasoff as a Duty to Treat: Insights From Criminal Law 
      Slobogin, Christopher, 1951- (University of Cincinnati Law Review, 2006)
      In most jurisdictions, the Tarasoff duty is defined as a duty on the part of mental health professionals to act on patient threats of serious harm to identified individuals. Although breach of this duty has, to date, only ...