Law School: Recent submissions
Now showing items 841-860 of 1363
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(Washington & Lee Law Review, 2000)In Daubert v. Merrell Dow Pharmaceuticals Inc., the Supreme Court sensibly held that testimony purporting to be scientific is admissible only if it possesses sufficient indicia of scientific validity. In Kumho Tire Co. v. ...
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(American Economic Review: Papers & Proceedings, 2011)This paper provides evidence of the relation between the risk of sexual harassment and wages. While one approach to detecting the effect on wages of sexual harassment would be to estimate wage equations controlling for ...
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(George Washington Law Review, 2000)This review of Daniel Farber's recent book Eco-pragmatism, in which he argues on behalf of taking more pragmatic approaches to the development of environmental policy, provides both the background necessary for appreciating ...
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(Northwestern Journal of Technology and Intellectual Property, 2008)Possibly in response to criticisms that the U.S. patent system affords too much legal protection to patent owners, the courts have begun to chip away at patent rights. Curiously enough, the Supreme Court has heard a ...
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(University of Chicago Law Review, 2000)This Article uses an often-overlooked component of prospect theory to develop a positive theory of frivolous or low-probability litigation. The proposed Frivolous Framing Theory posits that the decision frame in frivolous ...
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(Minnesota Journal of Law, Science & Technology, 2005)Today's voluminous literature on adaptive management traces its roots to Professor C.S. Holling's seminal work, Adaptive Environmental Assessment and Management. Although almost thirty years have passed since he and his ...
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(American Economic Association, 1983)The existence of a negative relationship between the regulatory burden and capital investments, and consequently productivity,is not controversial. A conventional model of this type is developed in Section I. If, however, ...
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(American Economic Review, 1984)A fundamental issue in the economics of uncertainty is how individuals process information and make choices under uncertainty. In a recent analysis of the findings on risk perception, Kenneth Arrow (1982) concluded that ...
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(American Law and Economics Review, 2005)Parties who make investments that generate externalities may sometimes recover from the beneficiaries, even in the absence of contract. Previous scholarship has shown that granting recovery, based on either the cost of ...
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(University of Illinois Law Review, 1999)This article makes the case against the exclusionary rule from a "liberal" perspective. Moving beyond the inconclusive empirical data on the efficacy of the rule, it uses behavioral and motivational theory to demonstrate ...
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(American Law and Economics Review, 2009)This article investigates the determinants of the blockbuster punitive damages awards of at least $100 million. As of the end of 2008, there had been 100 such awards with an average value of $3.0 billion. The U.S. Supreme ...
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(Constitutional Commentary, 2002)Can mathematics be used to inform legal analysis? This is not a ridiculous question. Law has certain superficial resemblances to mathematics. One might view the Constitution and various statutes as providing "axioms" for ...
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(The Review of Economics and Statistics, 1998)Using survey data on consumer product purchases, this paper introduces an approach to estimate jointly individual utility functions and risk perceptions implied by their decisions. The behavioral risk beliefs reflected in ...
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Private Values of Risk Tradeoffs at Superfund Sites: Housing Market Evidence on Learning About Risk (The Review of Economics and Statistics, 2000)This paper incorporates a Bayesian learning model into a hedonic framework to estimate the value that residents place on avoiding cancer risks from hazardous-waste sites. We show that residents are willing to pay to avoid ...
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The Enterprise Zone Concept at the Federal Level: Are Proposed Tax Incentives the Needed Ingredient? (Virginia Tax Review, 1990)This article examines the concept of enterprise zones in the United States. Part II explores this concept from an historical perspective: first, the conceptual origins of the enterprise zone systein and how it made its way ...
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(University of Chicago Law Review, 2007)This Article examines the economic basis for what is termed "rational discounting," which entails full recognition of policy effects over time and exponential discounting at a riskless rate of return. Policies often cannot ...
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(Fordham Law Review, 2003)Professor Waldron and Professor Michelman have presented us with two interesting, but very different, views on what procedural components might contribute to the integrity of lawmaking. I will focus on a different aspect ...
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(Environmental Law, 2007)Much has been written lately in legal scholarship about the role of science in policy and the role of policy in science - and perhaps in no field of law has more been said about them than environmental law. Yet asking the ...
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(Michigan Journal of International Law, 2001)This article takes a comparative and empirical look at two of the most significant methods of police investigation: searches for and seizures of tangible evidence and interrogation of suspects. It first compares American ...
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(Law and Contemporary Problems, 2004)What do the following cases have in common? In Boy Scouts of America v. Dale,2 the Court upheld the right of a private organization to ignore a generally applicable state statute prohibiting discrimination on the basis of ...