Now showing items 1-10 of 27
Respecting Deference: Conceptualizing Skidmore Within the Architecture of Chevron
(William and Mary Law Review, 2001)
This Article addresses critically the implications of the U.S. Supreme Court's recent decision in Christensen v. Harris County, 120 S.Ct. 1655 (2000), for standards of judicial review of agency interpretations of law. ...
Supreme Court Monitoring of the United States Courts of Appeals En Banc
(Supreme Court Economic Review, 2001)
This article considers systematically whether the Supreme Court is more likely to review an en banc court of appeals decision than a panel decision. First, we consider Supreme Court review of en banc cases during the ...
The Cashless Corporate Tax
(Tax Law Review, 2001)
Proposals for reforming the federal corporate income tax are neverending and ever-multiplying. They range from those that merely tinker around the edges, such as most recent proposals attacking the various perceived abuses ...
Integrating Ecosystem Services into Environmental Law: A Case Study of Wetlands Mitigation Banking
(Stanford Envir4onmental Law Journal, 2001)
This article argues that Section 404 of the Clean Water Act provides ample statutory authority for the Corps of Engineers and EPA to integrate ecosystem service values and impacts into wetlands impact and mitigation decisions.
Brain Plasticity and Spanish Moss in Biolegal Analysis
(Florida Law Review, 2001)
The field of law and biology is growing rapidly, and the good scholarship typically has much to do with Owen Jones... The general message that Professor Jones disseminates in his articles is important. Law cannot reach ...
The Lawyer's Philosophical Map and the Disputant's Perceptual Map: Impediments to Facilitative Mediation and Lawyering
(Harvard Negotiation Law Review, 2001)
Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes ...
Too Clever By Half: The Problem with Novelty in Constitutional Law
(Northwestern University Law Review, 2001)
As Robert Bennett's article illustrates, the "counter-majoritarian difficulty" remains--some forty years after its christening--a central theme in constitutional scholarship. [See Robert W. Bennett, "Counter-Conversationalism ...
The Challenge of Punitive Damages Mathematics
(The Journal of Legal Studies, 2001)
Proposals to provide juries with specific numerical instructions for setting punitive damages should bring greater rationality to punitive damages awards. This approach is tested using evidence from 353 jury-eligible ...
Paradoxes of Fair Division
(The Journal of Philosophy, 2001)
Paradoxes, if they do not define a field, render its problems intriguing and often perplexing, especially insofar as the paradoxes remain unresolved. Voting theory, for example, has been greatly stimulated by the Condorcet ...
The Most Dangerous Justice Rides Again: Revisiting the Power Pageant of the Justices
(Minnesota Law Review, 2001)
Who is the most powerful Supreme Court Justice? In 1996 we measured voting power on the Court according to each Justice's ability to form five-member coalitions. From the set of all coalitions formed by the Court during ...