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Reconstructing Climate Policy: The Paths Ahead, Jonathan B. Wiener, Richard B. Stewart Aug 2001

Reconstructing Climate Policy: The Paths Ahead, Jonathan B. Wiener, Richard B. Stewart

Faculty Scholarship

No abstract provided.


Sovereign Piracy, Mitu Gulati, Kenneth N. Klee Feb 2001

Sovereign Piracy, Mitu Gulati, Kenneth N. Klee

Faculty Scholarship

No abstract provided.


The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr. Jan 2001

The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder Jan 2001

Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


Further Thoughts, Erwin Chemerinsky Jan 2001

Further Thoughts, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Codifying Anti-Avoidance Doctrines And Controlling Corporate Tax Shelters, Lawrence A. Zelenak Jan 2001

Codifying Anti-Avoidance Doctrines And Controlling Corporate Tax Shelters, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


What Law Students Think They Know About Elite Law Firms: Preliminary Results Of A Survey Of Third Year Law Students, Mitu Gulati, David B. Wilkins Jan 2001

What Law Students Think They Know About Elite Law Firms: Preliminary Results Of A Survey Of Third Year Law Students, Mitu Gulati, David B. Wilkins

Faculty Scholarship

No abstract provided.


Privatizing “Outsider Trading”, Kimberly D. Krawiec Jan 2001

Privatizing “Outsider Trading”, Kimberly D. Krawiec

Faculty Scholarship

No abstract provided.


Health Care Fraud And Abuse: A Tale Of Behavior Induced By Payment Structure, Arti K. Rai Jan 2001

Health Care Fraud And Abuse: A Tale Of Behavior Induced By Payment Structure, Arti K. Rai

Faculty Scholarship

The campaign to curtail "fraud and abuse" in the Medicare and Medicaid programs represents an attempt by regulators to evade more fundamental and difficult questions regarding cost and quality control. In the Medicare arena, tackling these larger questions will require dismantling the program's fee-for-service structure and imposing on providers financial incentives to evaluate carefully health care costs and benefits. Commentary on, David A. Hyman, Health Care Fraud and Abuse: Market Change, Social Norms and the Trust "Reposed in Workmen," 30 Journal of Legal Studies 531 (2001)


Introduction To Symposium On Rampart Police Scandal: Policing The Criminal Justice System, Catherine Fisk, David W. Burcham Jan 2001

Introduction To Symposium On Rampart Police Scandal: Policing The Criminal Justice System, Catherine Fisk, David W. Burcham

Faculty Scholarship

No abstract provided.


Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller Jan 2001

Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller

Faculty Scholarship

No abstract provided.


Punitive Damages By Juries In Florida: In Terrorem And In Reality, Neil Vidmar, Mary R. Rose Jan 2001

Punitive Damages By Juries In Florida: In Terrorem And In Reality, Neil Vidmar, Mary R. Rose

Faculty Scholarship

In recent years there have been numerous proposals for punitive damage reform. Proponents of such reform have often asserted that punitive damages are both common and exorbitant. In this Article, Professor Vidmar and Dr. Rose examine the validity of these and other empirical claims about punitive damages. They do so by studying punitive damage awards reported in the Florida Jury Verdict Reporter. Ultimately, they conclude that there is no empirical support for the claims made by proponents of tort refrom in Florida.


Protecting Natural Capital Through Ecosystem Service Districts, James Salzman, Geoffrey Heal, Gretchen C. Daily, Paul R. Ehrlich, Carol Boggs, Jessica Hellmann, Jennifer Hughes, Claire Kremen, Taylor Ricketts Jan 2001

Protecting Natural Capital Through Ecosystem Service Districts, James Salzman, Geoffrey Heal, Gretchen C. Daily, Paul R. Ehrlich, Carol Boggs, Jessica Hellmann, Jennifer Hughes, Claire Kremen, Taylor Ricketts

Faculty Scholarship

No abstract provided.


Working Knowledge: Trade Secrets, Restrictive Covenants In Employment, And The Rise Of Corporate Intellectual Property , 1800-1920, Catherine Fisk Jan 2001

Working Knowledge: Trade Secrets, Restrictive Covenants In Employment, And The Rise Of Corporate Intellectual Property , 1800-1920, Catherine Fisk

Faculty Scholarship

No abstract provided.


Jury Room Ruminations On Forbidden Topics, Neil Vidmar, Shari S. Diamond Jan 2001

Jury Room Ruminations On Forbidden Topics, Neil Vidmar, Shari S. Diamond

Faculty Scholarship

No abstract provided.


Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2001

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


The Electoral College, The Right To Vote, And Our Federalism: A Comment On A Lasting Institution, Luis Fuentes-Rohwer, Guy-Uriel Charles Jan 2001

The Electoral College, The Right To Vote, And Our Federalism: A Comment On A Lasting Institution, Luis Fuentes-Rohwer, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.


When Can A State Be Sued?, William W. Van Alstyne Jan 2001

When Can A State Be Sued?, William W. Van Alstyne

Faculty Scholarship

In her Popular Government article "When You Can't Sue the State: State Sovereign Immunity" (Summer 2000), Anita R. Brown-Graham described a series of recent decisions in which a sharply divided U.S. Supreme Court barred individuals from suing states for money damages for certain violations of federal law, such as laws prohibiting discrimination against employees because of their age. In the response that follows, William Van Alstyne argues that this barrier to relief is neither unduly imposing nor novel. The debate over the significance of these decisions is likely to continue. In February 2001, in another case decided by a five-to-four …


Risk, Death And Time: A Comment On Judge Williams’ Defense Of Cost-Benefit Analysis, Matthew D. Adler Jan 2001

Risk, Death And Time: A Comment On Judge Williams’ Defense Of Cost-Benefit Analysis, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Expression And Appearance: A Comment On Hellman, Matthew D. Adler Jan 2001

Expression And Appearance: A Comment On Hellman, Matthew D. Adler

Faculty Scholarship

Response to, Deborah Hellman, Judging by Appearances: Professional Ethics, Expressive Government, and the Moral Significance of How Things Seem, 60 Maryland Law Review 653 (2001).


Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar Jan 2001

Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Groundwater Ecosystems And The Service Of Water Purification, James Salzman, Janet S. Herman, David C. Culver Jan 2001

Groundwater Ecosystems And The Service Of Water Purification, James Salzman, Janet S. Herman, David C. Culver

Faculty Scholarship

No abstract provided.


Against Sovereign Immunity, Erwin Chemerinsky Jan 2001

Against Sovereign Immunity, Erwin Chemerinsky

Faculty Scholarship

In recent years, the Supreme Court has substantially expanded the scope of state sovereign immunity. These decisions provide an important occasion for a reconsideration of the entire doctrine of sovereign immunity. This article argues that sovereign immunity is an anachronistic concept, derived from long discredited royal prerogatives, and that it is inconsistent with basic principles of the American legal system. Sovereign immunity is justified neither by history nor, more importantly, by functional considerations. Sovereign immunity is inconsistent with fundamental constitutional requirements such as the supremacy of the Constitution and due process of law. This article concludes that sovereign immunity, for …


The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell Jan 2001

The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell

Faculty Scholarship

'Bush v. Gore' was decided a year ago. As expected, it evoked a flood of journalistic and academic commentary. The present authors write to express dissatisfaction with the resulting literature. They find it in general to be dominated by the usual political discourse conducted from opposite ends of the usual political spectrum, with both ends sharing an assumption that the Supreme Court was animated in its decision by the usual political motives that it has become conventional to see in the actions of that institution. Left almost completely out of view have been the more personal selfish motives of the …


A Square Peg In A Round Hole? The 2000 Limitation On The Scope Of Federal Civil Discovery, Thomas D. Rowe Jr. Jan 2001

A Square Peg In A Round Hole? The 2000 Limitation On The Scope Of Federal Civil Discovery, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.


Overcoming Democracy: Richard Posner And Bush V. Gore, H. Jefferson Powell Jan 2001

Overcoming Democracy: Richard Posner And Bush V. Gore, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Executive Order 13,141 And The Environmental Review Of Trade Agreements, James Salzman Jan 2001

Executive Order 13,141 And The Environmental Review Of Trade Agreements, James Salzman

Faculty Scholarship

No abstract provided.


Wetland Value Indicators For Scoring Mitigation Trades, James Salzman, Lisa A. Wainger, Dennis King, James Boyd Jan 2001

Wetland Value Indicators For Scoring Mitigation Trades, James Salzman, Lisa A. Wainger, Dennis King, James Boyd

Faculty Scholarship

No abstract provided.


Culture, Cloaked In Mens Rea, Doriane Lambelet Coleman Jan 2001

Culture, Cloaked In Mens Rea, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.


The Costs Of International Human Rights Litigation, Curtis A. Bradley Jan 2001

The Costs Of International Human Rights Litigation, Curtis A. Bradley

Faculty Scholarship

No abstract provided.