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Articles 1 - 30 of 56
Full-Text Articles in Law
Faith, Hope, And Rationality Or Public Choice And The Perils Of Occam's Razor, Cynthia R. Farina
Faith, Hope, And Rationality Or Public Choice And The Perils Of Occam's Razor, Cynthia R. Farina
Cornell Law Faculty Publications
Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia R. Farina, Ernest Gellhorn, John D. Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald M. Levin, Lars Noah, Katherine Rhyne, Jonathan Baert Weiner
Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia R. Farina, Ernest Gellhorn, John D. Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald M. Levin, Lars Noah, Katherine Rhyne, Jonathan Baert Weiner
Cornell Law Faculty Publications
As the number, cost, and complexity of federal regulations have grown over the past twenty years, there has been growing interest in the use of analytic tools such as risk assessment and cost-benefit analysis to improve the regulatory process. The application of these tools to public health, safety, and environmental problems has become commonplace in the peer-reviewed scientific and medical literatures. Recent studies prepared by Resources for the Future, the American Enterprise Institute, the Brookings Institution, and the Harvard Center for Risk Analysis have demonstrated how formal analyses can and often do help government agencies achieve more protection against hazards …
Opting Out Of Regulation: A Public Choice Analysis Of Contractual Choice Of Law, Erin A. O'Hara
Opting Out Of Regulation: A Public Choice Analysis Of Contractual Choice Of Law, Erin A. O'Hara
Vanderbilt Law Review
This Article uses public choice theory to analyze the function of choice-of-law clauses in contracts. Choice-of-law clauses are now quite common and are increasingly enforced, especially with the proliferation of international and Internet transactions. Because these clauses can be used by parties to avoid regulation, academics are now vigorously debating the extent to which this contractual opt out should be permitted. The Article presents a positive political theory of the interplay of legislative action and the enforcement of choice of law. It demonstrates that the important normative debate over choice of law is somewhat misguided because both sides fail to …
After Seattle: Public International Organizations, Non-Governmental Organizations (Ngos), And Democratic Legitimacy In An Era Of Globalization: An Essay In Contested Legitimacy, Kenneth Anderson
Working Papers
This working monograph (about 120,000 words) analyzes the relationship between public international organizations such as the United Nations system and international non-governmental organizations under conditions of globalization.It argues that international organizations and international NGOs are locked in an embrace of mutual legitimation, each giving the other important political legitimacy, in favor of liberal internationalism and at the expense of democratic sovereignty. The monograph argues that the legitimacy that each gives the other is based on flawed assumptions about the nature of civil society and "international civil society," on the one hand, and global governance and the possibilities of international, global …
The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson
The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson
Book Reviews
Review essay on National Reading Panel, Teaching Children to Read: An Evidence-Based Assessment of the Scientific Research Literature on Reading and Its Implications for Reading Instruction; G. Coles, Reading Lessons: The Debate Over Literacy; G. Coles, Misreading Reading: The Bad Science That Hurts Children; M. Stout, The Feel-Good Curriculum: The Dumbing Down of America's Kids in the Name of Self-Esteem; D. McGuinness, Why Our Children Can't Read and What We Can Do About It. What is it about teaching reading that arouses such passions in Americans? Shall we have phonics or whole language or both? Why this debate should be …
The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson
The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson
Kenneth Anderson
Racial Profiling: The Criterion Of Disproportionate Numbers, Ibpp Editor
Racial Profiling: The Criterion Of Disproportionate Numbers, Ibpp Editor
International Bulletin of Political Psychology
This article critiques a common criterion employed to identify examples of racial profiling in law enforcement.
Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison
Reclaiming The Labor Movement Through Union Dues? A Postmodern Perspective In The Mirror Of Public Choice Theory, Harry G. Hutchison
University of Michigan Journal of Law Reform
The National Labor Relations Board's (NLRB) seeming powerlessness to process dues objector cases has led to a proliferation of state sponsored "paycheck protection" laws and popular referenda devised to ensure that workers will not be obliged to pay dues for non-germane purposes. Recently, California captured national attention as the site of a richly contested paycheck protection referendum. Such proposals have electrified union advocates and have enlivened the debate over the proper use of union dues. In addition, recent attempts to reform campaign finance have run aground on the thorny issue of union political contributions (both in-kind and in cash). Concurrently, …
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
University of Michigan Journal of Law Reform
The articles and commentaries in this Symposium are excellent points of departure for reflecting upon the advances thus far achieved in the evolution of this still very young community of scholars. The articles and commentaries that follow this brief Introduction comprise the second "free-standing" law review Symposium on LatCrit theory organized specifically in response to student interests and initiatives. The timing is fitting, for this Symposium also coincides with the fifth anniversary of LatCrit theory's emergence in the American legal academy. Since then, five annual conferences and four additional colloquia have produced, in total, nine published symposia in both mainstream …
Fear Of Law: Thoughts On Fear Of Judging And The State Of The Federal Sentencing Guidelines (Sentencing Symposium), Frank O. Bowman Iii
Fear Of Law: Thoughts On Fear Of Judging And The State Of The Federal Sentencing Guidelines (Sentencing Symposium), Frank O. Bowman Iii
Faculty Publications
To understand Fear of Judging and the debate over the Federal Sentencing Guidelines requires some familiarity with the sentencing reform movement that led to the adoption of the Federal Sentencing Guidelines in 1987, as well as at least a rudimentary grasp of the structure of the Guidelines themselves. For those readers who require an introduction to both subjects, the next section of this Article attempts to provide one. Those already familiar with the Guidelines and their history can skip to Section III, where the discussion of Fear of Judging begins in earnest.
Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush
Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush
University of Michigan Journal of Law Reform
This Symposium on nation and culture illustrates these LatCrit goals and advances them. The two main works and the commentaries on them are rich explorations and representations of the voices and concerns of LatCrit theory. This Foreword engages all the works by focusing on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a progressive methodology to analyze and detect the exclusion or silencing of myriad voices. This Part develops a LatCritical Human Rights paradigm …
Little Hoover Commission, Elisa D'Angelo Weichel
Little Hoover Commission, Elisa D'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
Office Of Administrative Law, Tasha Soroosh
Office Of Administrative Law, Tasha Soroosh
California Regulatory Law Reporter
No abstract provided.
Senate Office Of Research, Elisa D'Angelo Weichel
Senate Office Of Research, Elisa D'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
Board Of Psychology, Jessica A. Neyman, J. D. Fellmeth
Board Of Psychology, Jessica A. Neyman, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Behavioral Sciences, Tasha Soroosh
Board Of Behavioral Sciences, Tasha Soroosh
California Regulatory Law Reporter
No abstract provided.
Dental Board Of California, Peter Sansom
Dental Board Of California, Peter Sansom
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, Jenny K. Li
Board Of Pharmacy, Jenny K. Li
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Charlotte Wilder
Board Of Registered Nursing, Charlotte Wilder
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth
Medical Board Of California, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Putting Hate In Its Place: The Codification Of Bias Crime Statutes In A Modern Penal Code, Anthony M. Dillof
Putting Hate In Its Place: The Codification Of Bias Crime Statutes In A Modern Penal Code, Anthony M. Dillof
Law Faculty Research Publications
No abstract provided.
Against Centralization, Gerald E. Frug
Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise
Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise
Cornell Law Faculty Publications
The judicial, legislative, and executive branches interact in many ways. These interactions fuel a constitutional dialogue that serves as a backdrop to myriad governmental activities, both large and small. The judiciary's participation is necessary, desirable, and, as a practical matter, inevitable. In my article I analyze two competing models that bear on the normative question: What form should the judiciary's participation take?
Debates over the judiciary's appropriate role in the public constitutional dialogue have captured scholarly attention for decades. Recent attention has focused on a growing distinction between the active and passive models of judicial participation. My article approaches this …
Epstein's Property, Emily Sherwin
Epstein's Property, Emily Sherwin
Cornell Law Faculty Publications
In an era of skepticism about common law traditions and sensitivity to claims of distributive injustice, Richard Epstein has been an unflinching defender of private property rights. He has insisted that property rights are intelligible, and reminded us of their importance to social and economic welfare. In this paper, I shall offer what I believe is a friendly interpretation of Epstein's writings on property, and then pose some internal questions about the approach he has outlined. I begin with a quick summary of his description of property rights in an ideal legal regime.
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit
Nancy Levit
Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …
The Futures Problem, Geoffrey C. Hazard Jr.
The Futures Problem, Geoffrey C. Hazard Jr.
All Faculty Scholarship
Perhaps the most difficult problem in addressing mass torts is that of future claimants. "Futures" are those who do not now have claims, because injury has not been sufficiently manifested, but who may well have claims in the future. The Supreme Court's decisions in Amchem and Ortiz appear to have foredoomed any procedural mechanism by which to resolve future claims. This, in turn, will leave defendants in mass tort cases with greatly reduced incentives to participate in mass settlement. That implication makes the possibility of reforms in substantive law perhaps more attractive. In addition, these decisions invite further questions about …
Department Of Corporations, Kelly Ann Debie
Department Of Corporations, Kelly Ann Debie
California Regulatory Law Reporter
No abstract provided.
Board Of Podiatric Medicine, Monisha Ann Coelho
Board Of Podiatric Medicine, Monisha Ann Coelho
California Regulatory Law Reporter
No abstract provided.
Respiratory Care Board, Jessica A. Neyman, J. D. Fellmeth
Respiratory Care Board, Jessica A. Neyman, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Michelle J. Hubbard
Veterinary Medical Board, Michelle J. Hubbard
California Regulatory Law Reporter
No abstract provided.