Now showing items 332-351 of 1354

    • Viscusi, W. Kip (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, ...
    • Mikos, Robert A. (Michigan Law Review, 2006)
      Individuals spend billions of dollars every year on precautions to protect themselves from crime. Yet the legal academy has criticized many private precautions because they merely shift crime onto other, less guarded ...
    • Fitzpatrick, Brian T. (Tennessee Law Review, 2008)
      Tennessee's merit system for selecting judges - referred to as the Tennessee Plan - has been controversial ever since it was enacted in 1971 to replace contested elections. The greatest controversy has been whether the ...
    • Rossi, Jim, 1965- (Michigan Law Review, 2002)
      The Essay uses three recent books - two by a historians and one by an economist - to address the electric power deregulation fiasco in the U.S. It argues that public law has an important role to play in deregulated markets. ...
    • Rossi, Jim, 1965-; Smith, Andrew J. D. (San Diego Journal of Climate & Energy Law, 2014)
      "Resource shuffling" occurs when different subnational approaches to carbon regulation create variations in the costs of production across jurisdictions. California is the most aggressive jurisdiction in the United States ...
    • Gervais, Daniel J. (Journal of Electronic Publishinghttp://www.journalofelectronicpublishing.org/, 1999)
      The new world of digital information requires a new way of providing access to that information — while keeping the copyright backbone. It might be technically easier to create a digital infrastructure without copyright: ...
    • Moran, Beverly I.; Schneider, Daniel M. (Howard Law Journal, 1996)
      All the federal tax decisions of the Burger Court are reviewed in order to demonstrate that widely held beliefs about statutory interpretation in tax cases are misleading. For example, although the literature asserts that ...
    • Sherry, Suzanna (The University of Chicago Law Review, 1990)
      There is currently a dispute raging about the meaning of the Eleventh Amendment, which protects states from suits in federal court. The language of that amendment appears to deny federal jurisdiction only over suits brought ...
    • Maroney, Terry A. (Vanderbilt Law Review, 2009)
      In Gonzales v. Carhart the Supreme Court invoked post-abortion regret to justify a ban on a particular abortion procedure. The Court was proudly folk-psychological, representing its observations about women's emotional ...
    • Maroney, Terry A. (American Criminal Law Review, 2006)
      Adjudicative competence, more commonly referred to as competence to stand trial, is a highly under-theorized area of law. Though it is well established that, to be competent, a criminal defendant must have a "rational" as ...
    • Maroney, Terry A. (California Law Review, 2011)
      Judges are human and experience emotion when hearing cases, though the standard account of judging long has denied that fact. In the post-realist era it is possible to acknowledge that judges have emotional reactions to ...
    • Maroney, Terry A. (Court Review, 2013)
      Judges, like all of us, have been acculturated to an ideal of dispassion. But judges experience emotion on a regular basis. Judicial emotion must be managed competently. The psychology of emotion regulation can help judges ...
    • Thomas, Randall S.; Schwab, Stewart J. (Washington & Lee Law Review, 2006)
      In this paper, we examine the key legal characteristics of 375 employment contracts between some of the largest 1500 public corporations and their Chief Executive Officers. We look at the actual language of these contracts, ...
    • Thomas, Randall S., 1955-; Schwab, Stewart J. (Washington & Lee Law Review, 2006)
      In this paper, we examine the key legal characteristics of 375 employment contracts between some of the largest 1500 public corporations and their Chief Executive Officers. We look at the actual language of these contracts, ...
    • Thomas, Randall S., 1955- (Vanderbilt Law Review, 2015)
      Employment contracts for most employees are not publicly available, leaving researchers to speculate on whether they contain post-employment restrictions on employee mobility, and if so, what those provisions look like. ...
    • Ruhl, J. B.; Markell, David L. (Florida Law Review, 2012)
      While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces ...
    • Hersch, Joni, 1956-; Viscusi, W. Kip; O'Connell, Jeffrey (Journal of Legal Studies, 2007)
      The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic losses and reasonable attorney fees. Using a large sample of closed individual ...
    • Viscusi, W. Kip; Hersch, Joni, 1956-; O'Connell, Jeffrey (Journal of Legal Studies, 2007)
      The early offer reform proposal for medical malpractice provides an option for claimants to receive prompt payment of all their net economic Losses and reasonable attorney fees. Using a Large sample of closed individual ...
    • Slobogin, Christopher, 1951- (New Criminal Law Review, 2014)
      This essay is a response to an article by Paul Robinson, Joshua Barton, and Matthew Lister in this issue of New Criminal Law Review that criticizes an article I authored with Lauren Brinkley-Rubinstein entitled Putting ...
    • Guthrie, Chris; George, Tracey E., 1967- (Florida State University Law Review, 1999)
      The sudden, rapid, and widespread increase in the number of specialized law reviews has attracted relatively little scholarly attention even though it is the most significant development in legal academic publishing in ...