Search
Now showing items 1301-1310 of 1353
The Evolution and the Expression of Biases
(Evolution and Human Behavior, 2012)
The endowment effect is the seemingly irrationally tendency to immediately value a possessed item more than the opportunity to acquire the identical item when one does not already possess it. The phenomenon has broad legal ...
Sex Selection: Regulating Technology Enabling the Predetermination of a Child's Gender
(Harvard Journal of Law & Technology, 1992)
The debate over the prohibition of sex (or gender) selection (also known as "preselection" or "predetermination"), has focused almost exclusively on the context of aborting a "wrong-sex" fetus after a fetal gender-identification ...
The Imaginary Constitution
(Georgetown Journal of Law & Public Policy, 2019)
How many ways can conservatives spin an originalist tale to support their deregulatory, small-government vision? The answer is apparently infinite. In a new book, Gary Lawson and Guy Seidman are the latest in a long line ...
Why Choose? A Response to Rachlinski, Wistrich, & Guthrie's "Heart Versus Head: Do Judges Follow the Law or Follow Their Feelings?"
(Texas Law Review, 2015)
In "Heart Versus Head," Rachlinski, Guthrie, and Wistrich present experimental findings suggesting that judges sometimes rule on the basis of emotion rather than reason. Though there is much of value in their findings, ...
ALJ Final Orders on Appeal: Balancing Independence With Accountability
(Journal of the National Association of Administrative Law Judges, 1999)
This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. ...
We Need a Cole Memorandum for Magic Mushrooms
(University of Illinois Law Review Online, 2021)
In fall 2020, as the nation elected Joe Biden to be our Forty-Sixth President, Oregon voters also passed a noteworthy new drug law reform. Known as Measure 109, Oregon's path-breaking law legalizes the use of psilocybin, ...
The Specific Consumer Expectations Test for Product Defects
(Indiana Law Journal, 2020)
The consumer expectations test in products liability law holds firms liable for producing goods that are more dangerous than the reasonable consumer would anticipate. But judicial experience in the majority of states that ...
Efficient Ethical Principles for Making Fatal Choices
(Notre Dame Law Review, 2021)
Resource allocations of all kinds inevitably encounter financial constraints, making it infeasible to make financially unbounded commitments. Such resource constraints arise in almost all health and safety risk contexts, ...
POTUS and Pot: Why the President Could Not Legalize Marijuana Through Executive Action
(University of Cincinnati Law Review, 2021)
Could the President legalize marijuana, without waiting for Congress to act? The 2020 Presidential Election showed that this question is far from hypothetical. Seeking to capitalize on frustration with the slow pace of ...
Social Checks and Balances: A Private Fairness Doctrine
(Vanderbilt Law Review, 2020)
This Essay proposes a private standards and certification system to induce media firms to provide more complete and accurate information. It argues that this new private governance system is a viable response to the ...