Now showing items 948-967 of 1363

    • Ruhl, J.B.; Nash, Jonathan Remy; Salzman, James (Minnesota Law Review, 2017)
      How much will our budget be cut be this year? This question has loomed ominously over regulatory agencies for over three decades. After the 2016 presidential election, it now stands front and center in federal policy, with ...
    • Hersch, Joni, 1956- (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 ...
    • Sherry, Suzanna (Stanford Law Review, 1995)
      Robin West has written a book that every constitutional scholar would like to like. In Progressive Constitutionalism, she promises us a new and historically accurate interpretation of the Fourteenth Amendment that will ...
    • Viscusi, W. Kip; Huber, Joel; Bell, Jason Matthew (American Economic Review, 2011)
      Individual behaviors that benefit the environment are potentially influenced by personal values of environmental quality, social norms that encourage proenvironmental actions, and economic incentives. Economic incentives ...
    • Viscusi, W. Kip; Moore, Michael J., 1953- (The RAND Journal of Economics, 1989)
      This article explores the effects of workers' compensation on fatality rates and wages using the 1982 Panel Study of Income Dynamics and the new occupational fatality data issued by the National Institute for Occupational ...
    • Sherry, Suzanna (Harvard law Review, 2015)
      Richard Epstein’s new book, The Classical Liberal Constitution, is the latest entry in what might be called conservative foundationalist constitutional theory. The movement’s primary goal is to elevate judicial protection ...
    • 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 ...
    • Fitzpatrick, Brian T. (Texas Review of Law and Politics, 2019)
      I am going to set the stage by providing a little background about the various methods that States around the country use to select their judges. I am also going to remind us of many of the considerations that we like to ...
    • Fitzpatrick, Brian T. (Lewis & Clark Law Review, 2020)
      Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, ...
    • Jones, Owen D. (Florida Law Review, 2001)
      This Article explores several advantages of incorporating into law various insights from behavioral biology about how and why the brain works as it does. In particular, the Article explores the ways in which those insights ...
    • Seigel, Michael L.; Slobogin, Christopher, 1951- (Penn State Law Review, 2005)
      This article, part of a symposium on prosecutorial discretion, uses the Martha Stewart case to look more closely at the various types of discretion prosecutors wield. Unlike some other commentators, we are not persuaded ...
    • Guthrie, Chris (Northwestern University Law Review, 2003)
      To understand how people behave in an uncertain world - and to make viable recommendations about how the law should try to shape that behavior - legal scholars must employ a model or theory of decision making. Only with ...
    • Christopher Serkin and Michael P. Vandenbergh (2018)
      Legal change has the potential to disrupt settled expectations and property rights. The Takings Clause provides protection from the most significant costs by requiring compensation following a change in the law, but threats ...
    • Clarke, Jessica A. (New York University Law Review, 2017)
      Courts routinely begin their analyses of discrimination claims with the question of whether the plaintiff has proven he or she is a “member of the protected class.” Although this refrain may sometimes be an empty formality, ...
    • Shinall, Jennifer B. (Cornell Law Review, 2021)
      Laws to assist pregnant women in the workplace are gaining legislative momentum, both at the state and federal levels. Last year alone, four such laws went into effect at the state level, and federal legislation advanced ...
    • Gervais, Daniel J. (Chicago-Kent Law Review, 2007)
      In Parts I and II of this Paper, the author analyzes the legal protection of databases first in international treaties, in particular the Berne Convention and the WTO TRIPS Agreement, and second under national and regional ...
    • Slobogin, Christopher, 1951- (William and Mary Law Review, 1998)
      This Article begins, in Part I, with a brief review of the past four decades" of psychiatric and psychological testimony in criminal trials (henceforth referred to simply as "psychiatric testimony"). Although this review ...
    • Guthrie, Chris; Korobkin, Russell (Michigan Law Review, 1994)
      The traditional economic model of settlement breakdown -- as developed by Priest and Klein -- provides an important first step in understanding why some lawsuits settle and others go to trial. Rational miscalculation ...
    • 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 ...
    • Thomas, Randall S., 1955-; Cox, James D., 1943- (Notre Dame Law Review, 2005)
      In this paper, we examine how those corporations that have been the targets of SEC enforcement efforts compare in terms of their size and financial health vis-a-vis firms that are targeted only by the private securities ...