Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2006

Discipline
Institution
Keyword
Publication
File Type

Articles 3751 - 3780 of 5077

Full-Text Articles in Law

Law As A Social System, By Niklas Luhmann, Peer Zumbansen Jan 2006

Law As A Social System, By Niklas Luhmann, Peer Zumbansen

Articles & Book Chapters

No abstract provided.


Our Ignorance About Intelligence, Richard A. Epstein Jan 2006

Our Ignorance About Intelligence, Richard A. Epstein

Journal Articles

No abstract provided.


What Light If Any Does The Google Print Dispute Shed On Intellectual Property Law?, Richard A. Epstein Jan 2006

What Light If Any Does The Google Print Dispute Shed On Intellectual Property Law?, Richard A. Epstein

Journal Articles

No abstract provided.


Ranking Law Schools: A Market Test, Cass R. Sunstein Jan 2006

Ranking Law Schools: A Market Test, Cass R. Sunstein

Journal Articles

Instead of ranking law schools through statistical aggregations of expert judgments or by combining a list of heterogeneous factors, it would be possible to rely on a market test simply by examining student choices. This tournament-type approach would have the large advantage of relying on the widely dispersed information that students actually have; it would also reduce reliance on factors that can be manipulated (and whose manipulation does no good other than to increase rankings). On the other hand, a market test has several problems as a measure of law school quality, partly because cognitive biases and social influences may ...


Timing Controversial Decisions Ideas, Cass R. Sunstein Jan 2006

Timing Controversial Decisions Ideas, Cass R. Sunstein

Journal Articles

No abstract provided.


Irreversible And Catastrophic, Cass R. Sunstein Jan 2006

Irreversible And Catastrophic, Cass R. Sunstein

Journal Articles

As many treaties and statutes emphasize, some risks are distinctive in the sense that they are potentially irreversible or catastrophic; for such risks, it is sensible to take extra precautions. When a harm is irreversible, and when regulators lack information about its magnitude and likelihood, they should purchase an "option" to prevent the harm at a later date-the Irreversible Harm Precautionary Principle. This principle brings standard option theory to bear on environmental law and risk regulation. And when catastrophic outcomes are possible, it makes sense to take special precautions against the worst-case scenarios-the Catastrophic Harm Precautionary Principle. This principle is ...


Justice Breyer's Pragmatic Constitutionalism, Cass R. Sunstein Jan 2006

Justice Breyer's Pragmatic Constitutionalism, Cass R. Sunstein

Journal Articles

The pragmatic method is primarily a method of settling metaphysical disputes that otherwise might be interminable. Is the world one or many?- fated or free? - material or spiritual? - here are notions either of which may or may not hold good of the world; and disputes over such notions are unending. The pragmatic method in such cases is to try to interpret each notion by tracing its respective practical consequences. What difference would it practically make to any one if this notion rather than that notion were true? A Concise Statement of the Task: In interpreting a statute a court should ...


Law Of Implicit Bias, The, Cass R. Sunstein, Christine Jolls Jan 2006

Law Of Implicit Bias, The, Cass R. Sunstein, Christine Jolls

Journal Articles

Considerable attention has been given to the Implicit Association Test (IA T), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of "debiasing ...


Burkean Minimalism, Cass R. Sunstein Jan 2006

Burkean Minimalism, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an insistence on respect for traditional practices and an intense distrust of those who would renovate social practices by reference to moral or political reasoning of their own. An understanding of the uses and limits of Burkean minimalism helps to illuminate a number of current debates, including those involving substantive due process, the Establishment Clause, and the power of the President to protect national security. Burkean minimalists oppose, and ...


Problems With Minimalism, Cass R. Sunstein Jan 2006

Problems With Minimalism, Cass R. Sunstein

Coase-Sandor Working Paper Series in Law and Economics

Much of Justice Sandra Day O'Connor's work on the Supreme Court embodies a commitment to judicial minimalism, understood as a preference for narrow rulings, closely attuned to particular facts. This preference reflects a belief that at least in adjudication, standards ought to be preferred to rules. In many contexts, however, that belief is hard to justify, simply because it imposes severe decision-making burdens on others and may well create more, rather than fewer, errors. For this reason, a general preference for minimalism is no more defensible than a general preference for rules. The choice between narrow and wide ...


Judicial Oversight In Two Dimensions: Charting Area And Intensity In The Decisions Of Justice Stevens, Adam M. Samaha, Allison Marston Danner Jan 2006

Judicial Oversight In Two Dimensions: Charting Area And Intensity In The Decisions Of Justice Stevens, Adam M. Samaha, Allison Marston Danner

Journal Articles

No abstract provided.


Transparency In The Budget Process, Elizabeth Garrett, Adrian Vermeule Jan 2006

Transparency In The Budget Process, Elizabeth Garrett, Adrian Vermeule

Coase-Sandor Working Paper Series in Law and Economics

Budget procedures are often adopted or changed to improve “transparency” in budgeting. This phrase can refer to two different, although related, stages of the budget process. First, transparency may refer to the outputs of budgeting; here the ideal is that the tradeoffs inherent in a budget should be made clear, salient and understandable to policy makers and the public. Second, transparency may refer to the inputs of budgeting; here the ideal is to ensure that the decision-making process is itself conducted in public. This paper focuses on the second concept of budget transparency—the degree to which important budgeting decisions ...


Misfearing: A Reply, Cass R. Sunstein Jan 2006

Misfearing: A Reply, Cass R. Sunstein

Coase-Sandor Working Paper Series in Law and Economics

Human beings are prone to "misfearing": Sometimes they are fearful in the absence of significant danger, and sometimes they neglect serious risks. Misfearing is a product of bounded rationality, and it produces serious problems for individuals and governments. This essay is a reply to a review of Laws of Fear by Dan M. Kahan, Paul Slovic, Donald Braman, and John Gastil, who contend that "cultural cognition," rather than bounded rationality, explains people's fears. The problem with their argument is that cultural cognition is a product of bounded rationality, not an alternative to it. In particular, cultural differences are largely ...


One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk Jan 2006

One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk

Coase-Sandor Working Paper Series in Law and Economics

This paper shows that "one-sided" terms in standard contracts, which deny consumers a contractual benefit that seems efficient on average, may arise in competitive markets without informational problems (other than those of courts). A one-sided term might be an efficient response to situations in which courts cannot perfectly observe all the contingencies needed for an accurate implementation of a "balanced" contractual term when firms are more concerned about their reputation, and thus less inclined to behave opportunistically, than consumers are. We develop this explanation, discuss its positive and normative implications, and compare them to those of information-based explanations for one-sided ...


Transparency In The Budget Process, Elizabeth Garrett, Adrian Vermeule Jan 2006

Transparency In The Budget Process, Elizabeth Garrett, Adrian Vermeule

Public Law and Legal Theory Working Papers

Budget procedures are often adopted or changed to improve “transparency” in budgeting. This phrase can refer to two different, although related, stages of the budget process. First, transparency may refer to the outputs of budgeting; here the ideal is that the tradeoffs inherent in a budget should be made clear, salient and understandable to policy makers and the public. Second, transparency may refer to the inputs of budgeting; here the ideal is to ensure that the decision-making process is itself conducted in public. This paper focuses on the second concept of budget transparency—the degree to which important budgeting decisions ...


Government Secrets, Constitutional Law, And Platforms For Judicial Intervention, Adam M. Samaha Jan 2006

Government Secrets, Constitutional Law, And Platforms For Judicial Intervention, Adam M. Samaha

Journal Articles

American law has yet to reach a satisfying conclusion about public access to information on government operations. But recent events are prompting reconsideration of the status quo. As our current system is reassessed, three shortfalls in past debates should be overcome. The first involves ignorance of foreign systems. Other democracies grapple with information access problems, and their recent experiments are illuminating. Indeed they expose two additional domestic weaknesses. One is a line we have drawn within constitutional law. Courts and commentators tend to treat constitutional issues of public access separately from those of executive discretion to withhold information, but these ...


The Fundamental Deficiencies Of The Agreement On Safeguards: A Reply To Professor Lee, Alan O. Sykes Jan 2006

The Fundamental Deficiencies Of The Agreement On Safeguards: A Reply To Professor Lee, Alan O. Sykes

Journal Articles

No abstract provided.


Summary Of George V. State, 122 Nev. Adv. Op 1, David T. Gluth Jan 2006

Summary Of George V. State, 122 Nev. Adv. Op 1, David T. Gluth

Nevada Supreme Court Summaries

In 2002, appellant, George, filed a writ of habeas corpus with the Nevada Supreme Court claiming he was deprived his right to appeal. The Nevada Supreme Court then discovered that defendant's original 1985 notice of appeal was never transmitted. The court directed the district court to transmit defendant's notice of appeal and appoint appellate counsel.


Summary Of Koller V. State, 122 Nev. Adv. Op. 20, Amy S. Scarborough Jan 2006

Summary Of Koller V. State, 122 Nev. Adv. Op. 20, Amy S. Scarborough

Nevada Supreme Court Summaries

Appeal from a writ of prohibition granted by the Third Judicial District Court, State of Nevada.


Summary Of Las Vegas Police Prot. Ass'n V. Dist. Ct., 122 Nev. Adv. Op. 21, Robert Reid Jan 2006

Summary Of Las Vegas Police Prot. Ass'n V. Dist. Ct., 122 Nev. Adv. Op. 21, Robert Reid

Nevada Supreme Court Summaries

The Las Vegas Metropolitan Police Department Citizen Review Board (“citizen review board”) subpoenaed a police officer during an investigation of a citizen’s complaint against him. The Las Vegas Police Protective Association Metro, Inc. (“PPA”) intervened and challenged the jurisdiction of the citizen review board to issue the subpoena.


Summary Of Matter Of Guardianship Of N.S., 122 Nev. Adv. Op. 27, Amy S. Scarborough Jan 2006

Summary Of Matter Of Guardianship Of N.S., 122 Nev. Adv. Op. 27, Amy S. Scarborough

Nevada Supreme Court Summaries

Consolidated petitions for a writ of mandamus challenging an order of the Eighth Judicial District Court, State of Nevada, denying a grandmother’s petition for guardianship and an order denying the grandmother visitation with her minor granddaughter.


Summary Of Silvar V. Dist. Ct., 122 Nev. Adv. Op. 25, Melissa Waite Jan 2006

Summary Of Silvar V. Dist. Ct., 122 Nev. Adv. Op. 25, Melissa Waite

Nevada Supreme Court Summaries

Lani Lisa Silvar (“Silvar”) was arrested in Clark County, Nevada for violating Clark County Ordinance (“CCO”) 12.08.030. While Silvar was standing on the corner of Fremont and Atlantic Street, a Las Vegas Metropolitan Police Department detective approached her in an unmarked vehicle. Silvar entered the detective’s vehicle and allegedly asked the detective if he was “dating,” a term synonymous with seeking prostitution. After the detective responded in the affirmative, Silvar became nervous and attempted to exit the vehicle. The detective identified himself and gave Silvar an opportunity to explain her actions. Silvar responded that she was working ...


Summary Of Waddell V. L.V.R.V. Inc., 122 Nev. ___, Christian Hale Jan 2006

Summary Of Waddell V. L.V.R.V. Inc., 122 Nev. ___, Christian Hale

Nevada Supreme Court Summaries

Appellants Arthur R. Waddell and his wife, Roswitha M. Waddell (the Waddells), entered into a contract to purchase a 1996 Coachmen Santara motor home (the RV) from crossappellant L.V.R.V. Inc., D/B/A Wheeler's Las Vegas RV (Wheeler's). In 1996 the Waddells agreed to purchase the RV and an extended warranty from Wheeler's, and requested that various repairs be performed on the vehicle's engine cooling system, that new batteries be installed, and that the door frames be aligned, prior to delivery. The Waddells took delivery of the RV on September 1, 1997. The ...


Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell Jan 2006

Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell

Journal Articles

No abstract provided.


A New Progressivism, Cass R. Sunstein Jan 2006

A New Progressivism, Cass R. Sunstein

Journal Articles

There are serious problems with the two twentieth-century approaches to government: the way of markets and the way of planning. The New Progressivism simultaneously offers (1) a distinctive conception of government's appropriate means, an outgrowth of the late-twentieth-century critique of economic planning, and (2) a distinctive understanding of government's appropriate ends, an outgrowth of evident failures with market arrangements and largely a product of the mid-twentieth-century critique of laissez faire. The New Progressivism emphasizes the need to replace bans and commands with appropriate incentives, and to attend to social norms and social meanings in leading human behavior in ...


Boundedly Rational Borrowing, Cass R. Sunstein Jan 2006

Boundedly Rational Borrowing, Cass R. Sunstein

Journal Articles

Excessive borrowing, no less than insufficient savings, might be a product of bounded rationality. Identifiable psychological mechanisms are likely to contribute to excessive borrowing; these include myopia, procrastination, optimism bias, "miswanting," and what might be called cumulative cost neglect. Suppose that excessive borrowing is a significant problem for some or many; if so, how might the law respond? The first option involves weak paternalism , through debiasing and other strategies that leave people free to choose as they wish. Another option is strong paternalism, which forecloses choice. Because of private heterogeneity and the risk of government error, regulators should have a ...


Burkean Minimalism, Cass R. Sunstein Jan 2006

Burkean Minimalism, Cass R. Sunstein

Journal Articles

Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an insistence on respect for traditional practices and an intense distrust of those who would renovate social practices by reference to moral or political reasoning of their own. An understanding of the uses and limits of Burkean minimalism helps to illuminate a number of current debates, including those involving substantive due process, the Establishment Clause, and the power of the president to protect national security. Burkean minimalists oppose, and ...


Chevron Step Zero, Cass R. Sunstein Jan 2006

Chevron Step Zero, Cass R. Sunstein

Journal Articles

No abstract provided.


Beyond Marbury: The Exective's Power To Say What The Law Is, Cass R. Sunstein Jan 2006

Beyond Marbury: The Exective's Power To Say What The Law Is, Cass R. Sunstein

Journal Articles

Under Marbury v. Madison, it is "emphatically the province and duty of the judicial department to say what the law is." But in the last quarter-century, the Supreme Court has legitimated the executive's power of interpretation, above all in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, the most cited case in modern public law. Chevron is not merely a counter-Marbury for the executive branch, but also the Erie Railroad Co. v. Tompkins of the last half-century. It reflects a salutary appreciation of the fact that the law's meaning is not a "brooding omnipresence in the ...


Climate Change And Animals Responses To Global Warming: The Law, Economics, And Science Of Climate Change, Cass R. Sunstein, Wayne Hsiung Jan 2006

Climate Change And Animals Responses To Global Warming: The Law, Economics, And Science Of Climate Change, Cass R. Sunstein, Wayne Hsiung

Journal Articles

Climate change is already having adverse eeds on animal life, and those effects are likely to prove devastating in the future. Nonetheless, the relevant harms to animals have yet to become a serious part of the analysis of climate change policy. Even if animals and species are valued solely by reference to human preferences, consideration of animal welfare dramatically increases the argument for aggressive responses to climate change. We estimate that, even under conservative assumptions about valuation, losses to nonhuman life might run into the hundreds of billions of dollars annually. Whatever the precise figure, the general conclusion is clear ...