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Full-Text Articles in Law

Political Pressure And Judging In Constitutional Cases, Robert F. Nagel Jan 1990

Political Pressure And Judging In Constitutional Cases, Robert F. Nagel

Articles

No abstract provided.


Some Implications Of Cognitive Psychology For Risk Regulation, James E. Krier, Roger G. Noll Jan 1990

Some Implications Of Cognitive Psychology For Risk Regulation, James E. Krier, Roger G. Noll

Articles

Beginning with a set of books and articles published in the 1950s, cognitive psychologists have developed a new descriptive theory of how people make decisions under conditions of risk and uncertainty. A dominant theme in the theory is that most people do not evaluate risky circumstances in the manner assumed by conventional decision theory-they do not, that is, seek to maximize the expected value of some function when selecting among actions with uncertain outcomes. The purpose of this article is to consider some implications of the cognitive theory for regulatory policies designed to control risks to life, health, and the ...


Risk, Courts, And Agencies, James E. Krier, Clayton P. Gillette Jan 1990

Risk, Courts, And Agencies, James E. Krier, Clayton P. Gillette

Articles

Public risks are precisely the risks that have recently captured the attention of the legal community and the world at large, in no small part because they give rise to such novel problems for lawyers and such grave apprehensions among lay people. Public risks have moved the legal system to relax doctrines--regarding, for example, standards of causation and culpability, burdens of proof, sharing of liability--that were designed to deal with the private risks that once dominated the landscape. And public risks have moved lay people to intensify their demands for risk control measures. These developments suggest that public risks are ...