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Full-Text Articles in Law

Principled Standard Setting Requires Consideration Of More Than Science (Aei-Brookings Joint Center For Regulatory Studies, Brief 00-02) Brief Amicus Curiae In Support Of Respondents, Browner V. American Trucking Associations, Inc., No. 99-1257, (U.S. September 11, 2000)(With 20 Law Professors, Economists, And Scientists), Jonathan B. Wiener, Cary Coglianese, Gary Marchant Sep 2000

Principled Standard Setting Requires Consideration Of More Than Science (Aei-Brookings Joint Center For Regulatory Studies, Brief 00-02) Brief Amicus Curiae In Support Of Respondents, Browner V. American Trucking Associations, Inc., No. 99-1257, (U.S. September 11, 2000)(With 20 Law Professors, Economists, And Scientists), Jonathan B. Wiener, Cary Coglianese, Gary Marchant

Faculty Scholarship

Summary of Argument: Throughout this proceeding, EPA has identified no policy or normative criteria to justify its NAAQS standards, thus suggesting that science alone can be used to determine the appropriate air quality standard. Science plays a critical, indeed essential, role in evaluating the risks of possible air quality standards being considered for adoption by EPA. However, science by itself cannot provide the justification for selecting a particular air quality standard. Especially in setting standards for non-threshold pollutants, such as in this case, scientific evidence cannot alone indicate where the standard should be set, since any level above zero will ...


The Paradox Of Free Market Democracy: Rethinking Development Policy, Amy L. Chua Apr 2000

The Paradox Of Free Market Democracy: Rethinking Development Policy, Amy L. Chua

Faculty Scholarship

No abstract provided.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Jan 2000

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


A Different Vision Of Judicial Review: In Tribute To Professor Grano, Erwin Chemerinsky Jan 2000

A Different Vision Of Judicial Review: In Tribute To Professor Grano, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith Jan 2000

Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.


Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler Jan 2000

Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler

Faculty Scholarship

Constitutional doctrine is typically rule-dependent. A viable constitutional challenge typically hinges upon the existence of a discriminatory, overbroad, improperly motivated, or otherwise invalid rule, to which the claimant has some nexus. In a prior article, Prof. Adler proposed one model of constitutional adjudication that tries to make sense of rule-dependence. He argued that reviewing courts are not vindicating the personal rights of claimants, but rather are repealing or amending invalid rules. IN a Commentary in this issue, Professor Fallon now puts forward a different model of constitutional adjudication, equally consistent with rule-dependence. Fallon proposes that a reviewing court should overturn ...


Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington Jan 2000

Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Grandparent Visitation: Best Interests Test Is Not In Child’S Best Interests, Katharine T. Bartlett Jan 2000

Grandparent Visitation: Best Interests Test Is Not In Child’S Best Interests, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle Jan 2000

Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle

Faculty Scholarship

No abstract provided.


Doing Something About Marriage Penalties: A Guide For The Perplexed, Lawrence A. Zelenak Jan 2000

Doing Something About Marriage Penalties: A Guide For The Perplexed, Lawrence A. Zelenak

Faculty Scholarship

No abstract provided.


Addressing The Patent Gold Rush: The Role Of Deference To Pto Patent Denials, Arti K. Rai Jan 2000

Addressing The Patent Gold Rush: The Role Of Deference To Pto Patent Denials, Arti K. Rai

Faculty Scholarship

No abstract provided.


Juries And Expert Evidence, Neil Vidmar, Shari S. Diamond Jan 2000

Juries And Expert Evidence, Neil Vidmar, Shari S. Diamond

Faculty Scholarship

No abstract provided.


Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett Jan 2000

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.


Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler Jan 2000

Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler

Faculty Scholarship

An "expressive theory of law" is, very roughly, a theory that evaluates the actions of legal officials in light of what those actions mean, symbolize, or express. Expressive theories have long played a role in legal scholarship and, recently, have become quite prominent. Elizabeth Anderson, Robert Cooter, Dan Kahan, Larry Lessig, and Richard Pildes, among others, have all recently defended expressive theories (or at least theories that might be characterized as expressive). Expressive notions also play a part in judicial doctrine, particularly in the areas of the Establishment Clause and the Equal Protection Clause.

This paper attempts to provide a ...


Implementing Cost-Benefit Analysis When Preferences Are Distorted, Matthew D. Adler, Eric A. Posner Jan 2000

Implementing Cost-Benefit Analysis When Preferences Are Distorted, Matthew D. Adler, Eric A. Posner

Faculty Scholarship

Cost-benefit analysis is routinely used by government agencies in order to evaluate projects, but it remains controversial among academics. This paper argues that cost-benefit analysis is best understood as a welfarist decision procedure and that use of cost-benefit analysis is more likely to maximize overall well-being than is use of alternative decision-procedures. The paper focuses on the problem of distorted preference. A person's preferences are distorted when his or her satisfaction does not enhance that person's well-being. Preferences typically thought to be distorted in this sense include disinterested preferences, uninformed preferences, adaptive preferences, and objectively bad preferences; further ...


Linguistic Meaning, Nonlinguistic “Expression,” And The Multiplevariants Of Expressivism: A Reply To Professors Anderson And Pildes, Matthew D. Adler Jan 2000

Linguistic Meaning, Nonlinguistic “Expression,” And The Multiplevariants Of Expressivism: A Reply To Professors Anderson And Pildes, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Introduction, To Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner Jan 2000

Introduction, To Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner

Faculty Scholarship

No abstract provided.


Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler Jan 2000

Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler

Faculty Scholarship

Reviewing, Richard A. Posner, The Problematics of Moral and Legal Theory (1999)


The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr. Jan 2000

The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr.

Faculty Scholarship

The protection of civilians and their property in war is an accepted norm of international law - even where the putatively "noncombatant" populace openly supports the immoral use of force by its military. NATO's Kosovo operation suggests, however, that the imposition of hardship on the sentient, adult "noncombatant" population through property loss can erode a society's appetite for malevolence. While civilians should not be targeted, a new paradigm for noncombatancy that allows the destruction of certain property currently protected by international law but not absolutely indispensable to civilian survival may well help shorten conflict and effect necessary societal change.


The Law And The Human Target In Information Warfare: Cautions And Opportunities, Charles J. Dunlap Jr. Jan 2000

The Law And The Human Target In Information Warfare: Cautions And Opportunities, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Constitutional Design: An Oxymoron?, Donald L. Horowitz Jan 2000

Constitutional Design: An Oxymoron?, Donald L. Horowitz

Faculty Scholarship

No abstract provided.


Standing While Black: Distinguishing Lyons In Racial Profiling Cases, Brandon L. Garrett Jan 2000

Standing While Black: Distinguishing Lyons In Racial Profiling Cases, Brandon L. Garrett

Faculty Scholarship

Plaintiffs challenging racial profiling must contend with the Supreme Court's decision in City of Los Angeles v. Lyons, which restricted standing for injunctive relief against government officials. This Note articulates a framework for assessing standing for injunctive relief based on case law following Lyons: Plaintiff must demonstrate a sufficiently "credible threat" of future harm where government conduct was authorized by a policy, practice, or custom and where plaintiff was law-abiding. Lyons analysis focuses exclusively on an individual's likelihood of future harm because the Court was reluctant to let the grievance of one individual support city-wide injunctive relief. Where ...


The Rampart Scandal And The Criminal Justice System In Los Angeles County, Erwin Chemerinsky Jan 2000

The Rampart Scandal And The Criminal Justice System In Los Angeles County, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley Jan 2000

The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Lawyers Amid The Redemption Of The South, Paul D. Carrington Jan 2000

Lawyers Amid The Redemption Of The South, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Tocqueville’S Aristocracy In Minnesota, Paul D. Carrington Jan 2000

Tocqueville’S Aristocracy In Minnesota, Paul D. Carrington

Faculty Scholarship

No abstract provided.


World Music On A U.S. Stage: A Berne/Trips And Economic Analysis Of The Fairness In Music Licensing Act, Laurence R. Helfer Jan 2000

World Music On A U.S. Stage: A Berne/Trips And Economic Analysis Of The Fairness In Music Licensing Act, Laurence R. Helfer

Faculty Scholarship

This article analyzes the dispute settlement proceedings pending before the World Trade Organization (WTO) concerning the Fairness in Music License Act of 1998, a new provision of the US Copyright Act that exempts many bars, restaurants, and retail stores from paying license fees for performing broadcast music in their establishments. In May 1999, the European Community challenged the Act, and its predecessor "homestyle exemption," as a violation of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) and the Berne Convention for the Protection of Literary and Artistic Works (Berne). The FMLA dispute is the first time in ...


The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States, Madeline Morris Jan 2000

The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States, Madeline Morris

Faculty Scholarship

This article questions the validity under international law of the provisions of the Treaty for an International Criminal Court (ICC) that purport to give the ICC jurisdiction over nationals of states that are not parties to the Treaty. The article examines two facially plausible theories for the validity of ICC jurisdiction over non-party nationals: that the ICC may exercise universal jurisdiction delegated to it by states parties, and that the ICC may exercise territorial jurisdiction delegated to it by states parties. Each of those theories is found to be flawed. The article then questions whether there is in fact any ...


Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler Jan 2000

Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.


Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman Jan 2000

Labor Rights, Globalization And Institutions: The Role And Influence Of The Organization For Economic Cooperation And Development, James Salzman

Faculty Scholarship

No abstract provided.