Now showing items 21-40 of 1354

    • Stack, Kevin M. (Cardozo Law Review, 2011)
      Separation of powers has a new endeavor. The PCAOB decision makes the validity of good-cause removal protections depend on the separation of adjudicative from policymaking and enforcement functions within the agency. At a ...
    • Stack, Kevin M. (Michigan State Law Review, 2009)
      In this short symposium contribution, I take up this invitation to examine the relevance of the agency's policymaking form to its approach to statutory interpretation. The core point I wish to advance is a relatively basic ...
    • Ruhl, J. B. (N.Y.U. Environmental Law Journal, 2008)
      Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at ...
    • Ruhl, J. B. (Environs Environmental Law & Policy Journal, 2002)
      Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on ...
    • Wuerth, Ingrid Brunk (Notre Dame Law Review, 2010)
      Federal courts faced with Alien Tort Statute cases have applied customary international law to some issues and federal common law to others. This binary approach is analogous in certain respects to a Bivens action, with ...
    • Rossi, Jim (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. ...
    • Edelman, Paul H.; Sherry, Suzanna (North Carolina Law Review, 2000)
      In this Article, Professors Edelman and Sherry use a probabilistic model to explore the process of coalition formation on the United States Supreme Court. They identify coalition formation as a Markov process with absorbing ...
    • Sherry, Suzanna (Vanderbilt Law Review, 1997)
      It is accepted wisdom among constitutional law scholars that the Supreme Court is now considerably more conservative than it was during the tenure of Chief Justice Earl Warren. In this Article, I hope to suggest that the ...
    • King, Nancy J., 1958-; Applebaum, Brynne (Federal Sentencing Reporter, 2014)
      This article addresses the impact of Alleyne v. United States on statutes that restrict an offender’s eligibility for release on parole or probation. Alleyne is the latest of several Supreme Court decisions applying the ...
    • Viscusi, W. Kip; Hersch, Joni, 1956- (University of Pennsylvania Law Review, 2007)
      A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases ...
    • Hersch, Joni, 1956- (Applied Economics, 1985)
      The supply of effort on the job has been virtually ignored as a component of the effective supply of labour. Typically, labour supply models assume the worker chooses the utility-maximizing number of hours to supply on the ...
    • Edelman, Paul H.; Nagareda, Richard A.; Silver, Charles, 1957- (Supreme Court Economic Review, 2006)
      Multiple-claimant representations--class actions and other group lawsuits-pose two principal-agent problems: Shirking (failure to maximize the aggregate recovery) and misallocation (distribution of the aggregate recovery ...
    • Guthrie, Chris; Rachlinski, Jeffrey John; Wistrich, Andrew J. (UCLA Law Review, 2013)
      Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of ...
    • Viscusi, W. Kip (Law & Contemporary Problems, 1983)
      The task of valuing accidental injuries and deaths is intrinsically difficult for two reasons. First, unlike standard consumer commodities, individual health is not traded explicitly on the market. It may be traded implicitly ...
    • Vandenbergh, Michael P. (Kentucky Law Journal, 1996)
      The turbulence of the environmental debate over the last decade suggests that the command and control system may not provide viable solutions to the remaining environmental problems. The incrementalism that has characterized ...
    • McKanders, Karla M. (Howard Law Journal, 2015)
      Through discriminatory rhetoric state and local officials construct delinquent juvenile immigrant youth as the embodiment of a threat to public safety and American values. Accordingly, alleged delinquent undocumented ...
    • King, Nancy J., 1958- (Law and Contemporary Problems, 1999)
      As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to ...
    • Allensworth, Rebecca Haw (Texas Law Review, 2011)
      Power to interpret the Sherman Act, and thus power to make broad changes to antitrust policy, is currently vested in the Supreme Court. But reevaluation of existing competition rules requires economic evidence, which the ...
    • Clayton, Ellen W.; Appelbaum, P.S.; et al. (PLoS One, 2021-04-30)
      Among organizations producing CPGs, COI policies frequently do not meet IOM standards, and organizations often violate their own policies. These shortcomings may undermine the public trust in and thus the utility of CPGs. ...
    • Vandenbergh, Michael P.; Tibbetts, Courtney A.; Breggin, Linda K.; Holden, Elizabeth A. (Environmental Law Reporter, 2020)
      The purpose of this article is to highlight the results of the ELPAR article selection process and to report on the environmental legal scholarship for the 2018-2019 academic year, including the number of environmental law ...