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Articles 1 - 14 of 14
Full-Text Articles in Law
American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy
American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy
Faculty Scholarship
There is a firestorm of political and cultural conflict around environmental issues,including but running well beyond climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values that drive, or block, environmental lawmaking. This Article sets out a framework for understanding and engaging the clash of values in environmental law and, by extension,approaching the field more generally. Americans have held, and legislated based upon, four distinct ideas about why the natural world matters and …
Qui Tam: Is False Claims Law A Model For International Law?, Paul D. Carrington
Qui Tam: Is False Claims Law A Model For International Law?, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar
The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar
Faculty Scholarship
No abstract provided.
Slavery In The United States: Persons Or Property?, Paul Finkelman
Slavery In The United States: Persons Or Property?, Paul Finkelman
Faculty Scholarship
No abstract provided.
Marriage Fraud, Kerry Abrams
Marriage Fraud, Kerry Abrams
Faculty Scholarship
This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were voidable solely at the option of the injured party. The Article then explains how, in the twentieth century, a massive expansion of public benefits tied to marriage prompted new marriage fraud doctrines to develop in various areas of the law, shifting the concept of the injured party from the defrauded spouse to the public at large. It proposes a framework …
Book Review, Darrell A. H. Miller
Occupying America: Dr. Martin Luther King, Jr., The American Dream, And The Challenge Of Socio-Economic Inequality, Trina Jones
Occupying America: Dr. Martin Luther King, Jr., The American Dream, And The Challenge Of Socio-Economic Inequality, Trina Jones
Faculty Scholarship
No abstract provided.
Happiness At Work: Rules For Employee Satisfaction And Engagement, Femi Cadmus
Happiness At Work: Rules For Employee Satisfaction And Engagement, Femi Cadmus
Faculty Scholarship
The concept of employee satisfaction and engagement is not new. Quite recently, however, there appears to be renewed interest in positive psychology, tracking what makes for happiness in general, and how this translates in the workplace. Cultivating and maintaining a climate and culture which breeds happy, motivated, and productive employees in a library setting requires hard work. Happiness in the workplace is not unattainable, but it requires a concerted plan of action and consistent effort by managers. Managers also need to take steps to make sure that their own personal and work needs are being taken care off to avert …
The Mythology Of Game Theory, Mathew D. Mccubbins, Mark Turner, Nick Weller
The Mythology Of Game Theory, Mathew D. Mccubbins, Mark Turner, Nick Weller
Faculty Scholarship
Non-cooperative game theory is at its heart a theory of cognition, specifically a theory of how decisions are made. Game theory's leverage is that we can design different payoffs, settings, player arrays, action possibilities, and information structures, and that these differences lead to different strategies, outcomes, and equilibria. It is well-known that, in experimental settings, people do not adopt the predicted strategies, outcomes, and equilibria. The standard response to this mismatch of prediction and observation is to add various psychological axioms to the game-theoretic framework. Regardless of the differing specific proposals and results, game theory uniformly makes certain cognitive assumptions …
The Theory Of Minds Within The Theory Of Games, Mathew D. Mccubbins, Mark Turner, Nicholas Weller
The Theory Of Minds Within The Theory Of Games, Mathew D. Mccubbins, Mark Turner, Nicholas Weller
Faculty Scholarship
Classical rationality as accepted by game theory assumes that a human chooser in a given moment has consistent preferences and beliefs and that actions result consistently from those preferences and beliefs, and moreover that these preferences, beliefs, and actions remain the same across equal choice moments. Since, as is widely found in prior experiments, subjects do not follow the predictions of classical rationality, behavioral game theorists have assumed consistent deviations from classical rationality by assigning to subjects certain dispositions— risk preference, cognitive abilities, social norms, etc. All of these theories are fundamentally cognitive theories, making claims about how individual human …
The Challenge Of Flexible Intelligence For Models Of Human Behavior, Mathew D. Mccubbins, Mark Turner, Nicholas Weller
The Challenge Of Flexible Intelligence For Models Of Human Behavior, Mathew D. Mccubbins, Mark Turner, Nicholas Weller
Faculty Scholarship
Game theoretic predictions about equilibrium behavior depend upon assumptions of inflexibility of belief, of accord between belief and choice, and of choice across situations that share a game-theoretic structure. However, researchers rarely possess any knowledge of the actual beliefs of subjects, and rarely compare how a subject behaves in settings that share game-theoretic structure but that differ in other respects. Our within-subject experiments utilize a belief elicitation mechanism, roughly similar to a prediction market, in a laboratory setting to identify subjects’ beliefs about other subjects’ choices and beliefs. These experiments additionally allow us to compare choices in different settings that …
Valuing Health Care: Improving Productivity And Quality, Barak D. Richman, Arti K. Rai
Valuing Health Care: Improving Productivity And Quality, Barak D. Richman, Arti K. Rai
Faculty Scholarship
No abstract provided.
Book Review, Samuel W. Buell
Not Your Parents' Law Library: A Tale Of Two Academic Law Libraries, Julian Aiken, Femi Cadmus, Fred Shapiro
Not Your Parents' Law Library: A Tale Of Two Academic Law Libraries, Julian Aiken, Femi Cadmus, Fred Shapiro
Faculty Scholarship
As academic law libraries continue to face the inevitability of a rapidly changing landscape which includes a new breed of digital users with sophisticated technological needs, it remains to be seen what libraries will look like in years to come. It is certain that libraries as we know them today will have changed, but to what extent? An ability to remain adaptable and to anticipate the evolving needs of users in a dynamic environment will continue to be key for libraries to remain relevant, and even to survive, in the 21st century; vital to this endeavor will also be an …