Now showing items 41-50 of 51
The Early Virginia Tradition of Extra-Textual Interpretation
(Albany Law Review, 1989)
Phosphates and the Environmental Free Lunch
The environmental rationale for a detergent phosphate ban is straightforward enough. Phosphates are pollutants because, ironically enough, they are biodegradable. In fact, living things thrive on them. Excessive phosphate ...
Informational Regulation of Consumer Health Risks: An Empirical Evaluation of Hazard Warnings
(The RAND Journal of Economics, 1986)
On the basis of data from a survey of almost 400 consumers, this article assesses whether consumer behavior is responsive to information about product hazards that is provided in response to regulation. We find that the ...
Separation of Powers: Asking a Different Question
(Williamn and Mary Law Review, 1989)
What I find most intriguing about Professor Casper's essay1 is its historical description of the founders' attitude not so much toward "separation of powers," but toward separation of powers "questions." In other words, I ...
State Adoption of Federal Law: Exploring the Limits of Florida's "Forced Linkage" Amendment
(University of Florida Law Review, 1987)
This article examines the "forced linkage" between state and federal provisions that the 1983 amendment establishes in Florida. It concludes that forced linkage is ill-conceived, because it is inimical to state court ...
Welcome to the Funhouse: The Incredible Maze of Modern Divorce Taxation
(Harvard Journal on Legislation, 1989)
Using legislative histories the article shows how the incidence of taxation began to fall more heavily on women in the context of divorce as women's social and political status rose during World War II and that this trend ...
Are Individuals Bayesian Decision Makers?
(American Economic Review, 1985)
There has been increasing interest in whether normative models of individual choice under uncertainty accord with actual behavior. These concerns have been much greater than in other economic contexts because of the ...
Market Incentives for Safety
(Harvard Business Review, 1985)
In the heated atmosphere generated by inch-high headlines and multimillion-dollar liability suits, two important facts often get lost. First, society's awareness of what ensuring reasonably complete safety would cost rarely ...
Parole, in "Eighteenth Annual Review of Criminal Procedure: United States Supreme Court and Court of Appeals, 1987-88"
(Georgetown Law Journal, 1989)
The purpose of parole is to integrate prisoners into society by allowing them to serve a portion of their sentences outside prison. While on parole, the parolee is subject to the continuing supervision of a parole or ...
(Michigan Law Review, 1989-05)
Mark Tushnet's new book ("Red, White, and Blue: A Critical Analysis of Constitutional Law") is an example of how too many layers of theoretical detachment can obscure truly innovative scholarship. His fervent insistence ...