Law School: Recent submissions

Now showing items 901-920 of 1363

    • Empirical Measures of Judicial Performance: An Introduction to the Symposium 
      Rossi, Jim, 1965-; Gey, Steven G. (Steven Gene), 1956- (Florida State University Law Review, 2005)
      Inspired by the burgeoning empirical literature on the judiciary, the editors of the Florida State University Law Review have solicited some papers from leading scholars and federal courts of appeals judges, asking them ...
    • The Regulation of Sovereign Wealth Funds: The Virtues of Going Slow 
      Rose, Amanda M.; Epstein, Richard Allen, 1943- (University of Chicago Law Review, 2009)
      Any symposium on private-equity firms and the going private phenomenon would be incomplete without discussion of Sovereign Wealth Funds (SWFs). These government owned investment vehicles have and will continue to play an ...
    • Lessons from the Procedural Politics of the "Comprehensive" National Energy Policy Act of 1992 
      Rossi, Jim, 1965- (Harvard Environmental Law Review, 1995)
      This Article examines the political and procedural history of the EPAct in order to arrive at some general lessons and recommendations regarding congressional formation of energy policy. At least two commentators on the ...
    • Preemption and Choice-of-Law Coordination 
      Ribstein, Larry E.; O'Connor, Erin O'Hara, 1965- (Michigan Law Review, 2013)
      The doctrine treating federal preemption of state law has been plagued by uncertainty and confusion. Part of the problem is that courts purport to interpret congressional intent when often Congress has never considered the ...
    • Democracy and the Death of Knowledge 
      Sherry, Suzanna (University of Cincinnati Law Review, 2007)
      This essay was presented as the 2006 William Howard Taft lecture at the University of Cincinnati College of Law. It suggests that the conflation of politics and law - the view that judges are not legal experts but rather ...
    • The Law Professor as Schizophrenic 
      Sherry, Suzanna (Green Bag 2D, 2000)
      Neal Devins says that we don't put political science into our casebooks and Gerald Rosenberg levels the same charge at our scholarship. And so it has fallen to me to defend the ranks of law professors from these scurrilous ...
    • Condemning Religion: RLUIPA and the Politics of Eminent Domain 
      Serkin, Christopher; Tebbe, Nelson (Notre Dame Law Review, 2009)
      Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to ...
    • A Cognitive Theory of Trust 
      O'Connor, Erin O'Hara, 1965-; Hill, Claire A. (Washington University Law Review, 2006)
      Interpersonal trust is currently receiving widespread attention in the academy. Many legal scholars incorrectly assume that interpersonal trust is an unmitigated good (or bad) and that legal policy should therefore be ...
    • ISS Recommendations and Mutual Fund Voting on Proxy Proposals 
      Thomas, Randall S., 1955-; Cotter, James; Palmiter, Alan R. (Villanova Law Review, 2010)
      This article analyzes mutual fund voting data from 2003-2008, the first five proxy seasons for which this data is available, and seeks to identify the extent to which mutual funds vote consistently with the voting ...
    • Statutory Interpretation from the Inside--An Empirical Study of Congressional Drafting, Delegation, and the Canons: Part I 
      Bressman, Lisa Schultz; Gluck, Abbe R (Stanford Law Review, 2013)
      What role should the realities of the legislative drafting process play in the theories and doctrines of statutory interpretation and administrative law? The ongoing debates frequently turn on empirical assumptions about ...
    • Proposal for a Model State Watershed Management Act 
      Ruhl, J. B.; Lant, C. L.; Kraft, Steven E.; Duram, Leslie A.; Adams, Jane (Jane H.); Loftus, Timothy T., 1956- (Environmental Law, 2003)
      During the Montana Constitutional Convention of 1889, John Wesley Powell, envisioning a landscape of watershed commonwealths, proposed that Montana adopt watersheds as the boundaries of its counties. The idea did not catch ...
    • Dual Constitutions and Constitutional Duels: Separation of Powers and State Implementation of Federally Inspired Regulatory Programs and Standards 
      Rossi, Jim, 1965- (William and Mary Law Review, 2005)
      Frequently, state-wide executive agencies and localities attempt to implement federally-inspired programs. Two predominant examples are cooperative federalism programs and incorporation of federal standards in state-specific ...
    • The Lulling Effect: The Impact of Child-Resistant Packaging on Aspirin and Analgesic Ingestions 
      Viscusi, W. Kip (AEA Papers and Proceedings, 1984)
      In 1972 the Food and Drug Administration imposed a protective bottlecap requirement on aspirin and other selected drugs. This regulation epitomizes the technological approach to social regulation. The strategy for reducing ...
    • The Seven Degrees of Relevance: Why Should Real-World Environmental Attorneys Care Now About Sustainable Development Policy? 
      Ruhl, J. B. (Duke Environmental Law & Policy Forum, 1998)
      This article explores the evolution of the concept of "sustainable development" through what I suggest are the "seven degrees" of relevance of legal conceptualizations: (1) translation of concept into norm; (2) uncontestability ...
    • Reasonable Expectations of Privacy and Autonomy in Fourth Amendment Cases: An Empirical Look at "Understandings Recognized and Permitted by Society" 
      Slobogin, Christopher, 1951-; Schumacher, Joseph E. (Duke Law Journal, 1993)
      This Article reports an attempt to investigate empirically important aspects of the Fourth Amendment to the United States Constitution, as construed by the United States Supreme Court. In the course of doing so, it ...
    • The Zen of Corporate Capital Structure Neutrality 
      Schlunk, Herwig J. (Michigan Law Review, 2000)
      Given the current tax rate structure - where the marginal tax rate of some persons exceeds the corporate tax rate and the marginal tax rate of others is exceeded by it - corporations are generally well advised to employ ...
    • Utility Functions that Depend on Health Status: Estimates and Economic Implications 
      Viscusi, W. Kip; Evans, William N. (The American Economic Review, 1990)
      Taylor's series and logarithmic estimates of health state-dependent utility functions both imply that job injuries reduce one's utility and marginal utility of income, thus rejecting the monetary loss equivalent formulation. ...
    • Unlearning Fear of Out-Group Others 
      Maroney, Terry A. (Law and Contemporary Problems, 2009)
      In this brief Comment, Maroney offers a perspective based in the scientific study of fear and social-group judgment. She discusses research showing that humans display heightened, persistent fear responses to "outgroup" ...
    • Heightened Enablement in the Unpredictable Arts 
      Seymore, Sean B., 1971- (UCLA Law Review, 2008)
      A bedrock principle of patent law is that an applicant must sufficiently disclose the invention in exchange for the right to exclude. The essential facet of the disclosure requirement is enablement, which compels a patent ...
    • The Myth of What is Inevitable Under Ecosystem Management: A Response to Pardy 
      Ruhl, J. B. (Pace Environmental Law Review, 2004)
      This article, second in a five-part dialogue appearing in the Pace ELR, responds to Professor Bruce Pardy's initial evaluation of ecosystem management. I defend ecosystem management, arguing it is not directed at changing ...