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Full-Text Articles in Law

Beyond Exit And Voice: User Participation In The Production Of Local Public Goods, Lee Anne Fennell Nov 2001

Beyond Exit And Voice: User Participation In The Production Of Local Public Goods, Lee Anne Fennell

Journal Articles

No abstract provided.


Universal Jurisdiction: Questions Of Blind Universality, Makau Mutua Jul 2001

Universal Jurisdiction: Questions Of Blind Universality, Makau Mutua

Journal Articles

No abstract provided.


In The United States Court Of Appeals For The Fourteenth Circuit, Richard A. Posner Jun 2001

In The United States Court Of Appeals For The Fourteenth Circuit, Richard A. Posner

Journal Articles

No abstract provided.


The Rwanda Tribunal: A Critical Assessment, Makau Mutua Apr 2001

The Rwanda Tribunal: A Critical Assessment, Makau Mutua

Journal Articles

No abstract provided.


The Dynamics Of Daubert: Methodology, Conclusions, And Fit In Statistical And Econometric Studies, David H. Kaye Jan 2001

The Dynamics Of Daubert: Methodology, Conclusions, And Fit In Statistical And Econometric Studies, David H. Kaye

Journal Articles

This paper reviews the development of the law governing the admissibility of statistical studies. It analyzes the leading cases on scientific evidence and suggests that both the "reliability" and the "general acceptance" standards raise two major difficulties - the "boundary problem" of identifying the type of evidence that warrants careful screening and the "usurpation problem" of keeping the trial judge from closing the gate on evidence that should be left for the jury to assess.

The paper proposes partial solutions to these problems, and it applies them to statistical and econometric proof, particularly in the context of a recent antitrust case ...


Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye Jan 2001

Choice And Boundary Problems In Logerquist, Hummert, And Kumho Tire, David H. Kaye

Journal Articles

This article, part of a symposium on the opinion of the Arizona Supreme Court in Logerquist v. McVey, questions that court’s rationales for refusing to apply heightened scrutiny to psychiatric testimony about the retrieval of repressed memories. It also challenges the court’s use of a “personal observations” exception to the heightened scrutiny standard of Frye v. United States. It proposes that a better solution to problems of scientific and expert evidence would be to adopt a sliding scale that attends to the use to which the evidence is put and the degree to which it has been shown ...


Change Of Control Board: Federal Preemption Of The Law Governing A Target's Directors, Samuel C. Thompson Jr. Jan 2001

Change Of Control Board: Federal Preemption Of The Law Governing A Target's Directors, Samuel C. Thompson Jr.

Journal Articles

This article sets out a proposed federal uniform standard governing the actions by the board of directors of a publicly held corporation that is the target of a change of control transaction. This proposal would apply in each of the following four merger and acquisition transactions: (1) the acquisition of a target in an arm's-length negotiated merger or acquisition; (2) the acquisition of a target in a management buyout; (3) the proposed acquisition of a target in a hostile tender offer; and (4) the acquisition by a target's controlling shareholder of the minority interests in such target in ...


On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero Jan 2001

On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero

Journal Articles

The poignant story of a little boy fished out of the sea after losing his mother to the elements captured the country's imagination and ignited a political firestorm. The Elián González saga drew conflicting opinions from nearly every branch of American local, state, and federal governments.

This article takes no specific position on Elián's situation. Rather, this artivle values the González story for putting a human face on often faceless legal issues. More specifically, Elián's saga raises the following important question: When should the right of the human being to be treated as an individual trump the ...


Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye Jan 2001

Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye

Journal Articles

This commentary on the article Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks, 67 Brook. L. Rev. 127 (2001), by Mark Rothstein and Sandra Carnahan, argues that the case for confining law enforcement DNA databases to noncoding loci and to samples from individuals convicted of violent crimes is quite weak.

It describes alternative approaches, including the possibility of a population-wide database; the privacy implications of the loci now used in forensic identification; the law governing DNA dragnets; and the limits on DNA databases imposed by recent cases on searches and seizures. It notes the ...


Foreword: Academic-Industry Collaborations In The Clinic, Michael J. Malinowski Jan 2001

Foreword: Academic-Industry Collaborations In The Clinic, Michael J. Malinowski

Journal Articles

No abstract provided.


Institutional Conflicts And Responsibilities In An Age Of Academic-Industry Alliances, Michael J. Malinowski Jan 2001

Institutional Conflicts And Responsibilities In An Age Of Academic-Industry Alliances, Michael J. Malinowski

Journal Articles

No abstract provided.


Savages, Victims, And Saviors: The Metaphor Of Human Rights, Makau Mutua Jan 2001

Savages, Victims, And Saviors: The Metaphor Of Human Rights, Makau Mutua

Journal Articles

This article critically looks at the human rights project as a damning three-dimensional metaphor that exposes multiple complexes. It argues that the grand narrative of human rights contains a subtext which depicts an epochal contest pitting savages, on the one hand, against victims and saviors, on the other. The savages-victims-saviors (SVS) construction lays bare some of the hypocrisies of the human rights project and asks human rights thinkers and advocates to become more self-reflective. The piece questions the universality and cultural neutrality of the human rights project. It calls for the construction of a truly universal human rights corpus, one ...


Insurer Moral Hazard In The Workers' Compensation Crisis: Reforming Cost Inflation, Not Rate Suppression, Martha T. Mccluskey Jan 2001

Insurer Moral Hazard In The Workers' Compensation Crisis: Reforming Cost Inflation, Not Rate Suppression, Martha T. Mccluskey

Journal Articles

This article challenges the standard story of the insurance crisis that led to the near-collapse and major reform of a number of states’ workers’ compensation programs in the 1980s and 1990s.

In the prevailing account, insurance costs rose due to expanding costs of benefits for injured workers’, much of which was blamed on wasteful or abusive "moral hazard" by workers and their lawyers and doctors. Because state regulators had substantial power to control insurance rates, this account claims governments tried to suppress prices in the face of rising benefit costs in a misguided attempt to avoid political trade-offs between labor ...


Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards Jan 2001

Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards

Journal Articles

No abstract provided.


A Somewhat Modest Proposal To Prevent Adultery And Save Families: Two Old Torts Looking For A New Career, William R. Corbett Jan 2001

A Somewhat Modest Proposal To Prevent Adultery And Save Families: Two Old Torts Looking For A New Career, William R. Corbett

Journal Articles

No abstract provided.


The Market For Federal Judicial Law Clerks, Richard A. Posner, Christopher Avery, Christine Jolls, Alvin E. Roth Jan 2001

The Market For Federal Judicial Law Clerks, Richard A. Posner, Christopher Avery, Christine Jolls, Alvin E. Roth

Journal Articles

No abstract provided.


Puzzling Stock Options And Compensation Norms, Saul Levmore Jan 2001

Puzzling Stock Options And Compensation Norms, Saul Levmore

Journal Articles

Why do so many executives and other employees receive fixed stock options as part of their compensation packages? Even though there is an impressive literature on compensatory options, it raises more puzzles than it solves. Tax law, option theory, and agency theory all suggest that we might have expected to find quite different practices than we observe. In particular, there is a puzzle in the popularity of conventional fixed options when indexed options would seem to be relatively attractive. The solution or story offered here develops arguments about signaling; employees will not want to be seen as preferring cash over ...


On Academic Fads And Fashions 2001 Survey Of Books Relating To The Law: Foreword, Cass R. Sunstein Jan 2001

On Academic Fads And Fashions 2001 Survey Of Books Relating To The Law: Foreword, Cass R. Sunstein

Journal Articles

No abstract provided.


Order Without Law, Cass R. Sunstein Jan 2001

Order Without Law, Cass R. Sunstein

Journal Articles

No abstract provided.


Meeting The Need: Minnesota's Collaborative Model To Deliver Law Student Public Service, Susan J. Curry Jan 2001

Meeting The Need: Minnesota's Collaborative Model To Deliver Law Student Public Service, Susan J. Curry

Journal Articles

No abstract provided.


The European Union's Common Foreign And Security Policy: Emerging From The U.S. Shadow, Elizabeth Duquette Jan 2001

The European Union's Common Foreign And Security Policy: Emerging From The U.S. Shadow, Elizabeth Duquette

Journal Articles

No abstract provided.


Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Duquette Jan 2001

Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Duquette

Journal Articles

No abstract provided.


The Human Rights Of The Mentally Disabled: Can European Union Law Help?, Elizabeth Duquette Jan 2001

The Human Rights Of The Mentally Disabled: Can European Union Law Help?, Elizabeth Duquette

Journal Articles

No abstract provided.


Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Douglas G. Baird, Robert K. Rasmussen Jan 2001

Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Douglas G. Baird, Robert K. Rasmussen

Journal Articles

No abstract provided.


Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein Jan 2001

Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein

Journal Articles

No abstract provided.


How High The Apple Pie - A Few Troubling Questions About Where, Why, And How The Burden Of Care For Children Should Be Shifted, Mary Anne Case Jan 2001

How High The Apple Pie - A Few Troubling Questions About Where, Why, And How The Burden Of Care For Children Should Be Shifted, Mary Anne Case

Journal Articles

No abstract provided.


Life In No Trump: Property And Speech Under The Constitution, Richard A. Epstein Jan 2001

Life In No Trump: Property And Speech Under The Constitution, Richard A. Epstein

Journal Articles

No abstract provided.


When Courts And Politics Collide: Mongolia's Constitutional Crisis, Tom Ginsburg, Gombosuren Ganzorig Jan 2001

When Courts And Politics Collide: Mongolia's Constitutional Crisis, Tom Ginsburg, Gombosuren Ganzorig

Journal Articles

No abstract provided.


Bush V. Gore: What Were They Thinking?, David A. Strauss Jan 2001

Bush V. Gore: What Were They Thinking?, David A. Strauss

Journal Articles

No abstract provided.


The Failure Of Disclosure As An Approach To Shelters, David A. Weisbach Jan 2001

The Failure Of Disclosure As An Approach To Shelters, David A. Weisbach

Journal Articles

No abstract provided.