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Be All That You Can Be? An Analysis Of And Proposed Alternative To Military Speech Regulations, Sarah N. Rosen 2010 University of Pennsylvania Law School

Be All That You Can Be? An Analysis Of And Proposed Alternative To Military Speech Regulations, Sarah N. Rosen

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Legal Beagle Blog (March 2010), Roger Williams University School of Law Library 2010 Roger Williams University

Legal Beagle Blog (March 2010), Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.


The Failure Of Mandated Disclosure, Omri Ben-Shahar, Carl E. Schneider 2010 University of Chicago Law School

The Failure Of Mandated Disclosure, Omri Ben-Shahar, Carl E. Schneider

Law & Economics Working Papers

This article explores the spectacular prevalence, and failure, of the single most common technique for protecting personal autonomy in modern society: mandated disclosure. The article has four sections:

(1) A comprehensive summary of the recurring use of mandated disclosures, in many forms and circumstances, in the areas of consumer and borrower protection, patient informed consent, contract formation, and constitutional rights;

(2) A survey of the empirical literature documenting the failure of the mandated disclosure regime in informing people and in improving their decisions;

(3) An account of the multitude of reasons mandated disclosures fail, focusing on the political dynamics underlying ...


Funding Irrationality, Adam S. Zimmerman 2010 Duke Law

Funding Irrationality, Adam S. Zimmerman

Duke Law Journal

This Article challenges the conventional wisdom that claimants in class action settlement funds and other settlement funds make independent and rational settlement decisions. Cognitive psychologists and behavioral economists have long examined the way people make judgments and choices. Such studies show that decisionmakers routinely change their minds based on their view of the status quo, the timing of the decision, and the presence of seemingly irrelevant choices. Because of these cognitive biases, people will buy things they do not want, save too little for retirement, and make risky choices about their health and well-being based on the timing, context, and ...


Realist Lawyers And Realistic Legalists: A Brief Rebuttal To Judge Posner, Michael A. Livermore 2010 Duke Law

Realist Lawyers And Realistic Legalists: A Brief Rebuttal To Judge Posner, Michael A. Livermore

Duke Law Journal

No abstract provided.


Journal Staff, 2010 Duke Law

Journal Staff

Duke Law Journal

No abstract provided.


Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen 2010 Deputy General Counsel, CNA Corporation

Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen

University of Richmond Law Review

This article draws heavily from the works of the CNA MAB, namely the twin and interrelated challenges arising from imprudent reliance on fossil fuels by developed and developing countries, as well as the serious environmental and national security"externalities" that directly result from current consumptive trends.


Antitrust Censorship Of Economic Protest, Hillary Greene 2010 Duke Law

Antitrust Censorship Of Economic Protest, Hillary Greene

Duke Law Journal

Antitrust law accepts the competitive marketplace, its operation, and its outcomes as an ideal. Society itself need not and does not. Although antitrust is not in the business of evaluating, for example, the "fairness" of prices, society can, and frequently does, properly concern itself with these issues. When dissatisfaction results, it may manifest itself in an expressive boycott: a form of social campaign wherein purchasers express their dissatisfaction by collectively refusing to buy. Antitrust should neither participate in nor censor such normative discourse. In this Article, I explain how antitrust law impedes this speech, argue why it should not, and ...


Some Realism About Judges: A Reply To Edwards And Livermore, Richard A. Posner 2010 Duke Law

Some Realism About Judges: A Reply To Edwards And Livermore, Richard A. Posner

Duke Law Journal

No abstract provided.


Tribute To Lolly, Deborah Gerhardt, Madelyn Wessel 2010 University of North Carolina School of Law

Tribute To Lolly, Deborah Gerhardt, Madelyn Wessel

North Carolina Journal of Law & Technology

No abstract provided.


Fair Use And Fairness On Campus, Deborah Gerhardt, Madelyn Wessel 2010 University of North Carolina School of Law

Fair Use And Fairness On Campus, Deborah Gerhardt, Madelyn Wessel

North Carolina Journal of Law & Technology

No abstract provided.


Balancing Lenity, Rationality, And Finality: A Case For Special Verdict Forms In Cases Involving Overlapping Federal Criminal Offenses, Meghan A. Ferguson 2010 Duke Law

Balancing Lenity, Rationality, And Finality: A Case For Special Verdict Forms In Cases Involving Overlapping Federal Criminal Offenses, Meghan A. Ferguson

Duke Law Journal

The Framers placed a high premium on jury independence and viewed the jury's ability to dispense lenity as an important check on the legislative and executive branches. Many features of the criminal justice system are designed to interpose the jury between the accused and overzealous legislators and prosecutors. The general verdict and the absolute finality of acquittals, for example, empower the jury to acquit a defendant against the weight of the evidence. Although these features of the criminal justice system were conceived to protect defendants, they may be more harmful than helpful to defendants, given changes in the criminal ...


Reconstructing The Individual Mandate As An Escrow Account, Gregg D. Polsky 2010 University of North Carolina School of Law

Reconstructing The Individual Mandate As An Escrow Account, Gregg D. Polsky

Michigan Law Review First Impressions

The recent health care reform law's most controversial provision is the individual mandate, which imposes a fine on individuals who fail to obtain a minimum level of health insurance coverage. Many object to this policy, arguing that the government shouldn't force individuals to purchase health insurance. Others believe that the mandate is a necessary component to health care reform. What has been missed in the discussion is that Congress could restructure the individual mandate to avoid the requirement that individuals purchase health insurance while still fulfilling its principal function. The principal purpose of the mandate is not to ...


Geographic Trajectories Of Al-Qaida And Taliban Terrorist Groups In Pakistan, Syed Manzar Abbas Zaidi 2010 University of Central Lancashire, UK

Geographic Trajectories Of Al-Qaida And Taliban Terrorist Groups In Pakistan, Syed Manzar Abbas Zaidi

Journal of Strategic Security

Though Western analysts tend to mention al-Qaida and Taliban in Pakistan in the same context, the dynamics of their relationship are far more complex than a cursory examination would reveal. The context of this relationship is best understood within the overarching paradigm of militant activities of post 9/11 Taliban and al-Qaida remnants in Pakistan's tribal areas, where these groups flourish. The military struggle in Afghanistan has significantly influenced the formation of a loosely structured alQaida/Taliban "nexus" that was forged in Pakistan's Federally Administered Tribal Areas (FATA), particularly Waziristan. In order to survive the ongoing North Atlantic ...


Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd 2010 Washington and Lee University School of Law

Essay: (Re)Constructing The Framework Of Work/Family, Nancy E. Dowd

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller 2010 Washington and Lee University School of Law

Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note, 2010 Washington and Lee University School of Law

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Browning Of America—Multicultural And Bicultural Families In Conflict: Making Culture A Customary Factor For Consideration In Child Custody Disputes, Cynthia R. Mabry 2010 Washington and Lee University School of Law

The Browning Of America—Multicultural And Bicultural Families In Conflict: Making Culture A Customary Factor For Consideration In Child Custody Disputes, Cynthia R. Mabry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Cultural Conflict And The Revival Of Class Warfare, June Carbone 2010 Washington and Lee University School of Law

Cultural Conflict And The Revival Of Class Warfare, June Carbone

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Rhetoric To Reality: Citizenship Delays And U.S. International Obligations In The Post-9/11 Landscape, Clifford Ashcroft-Smith 2010 Washington and Lee University School of Law

Rhetoric To Reality: Citizenship Delays And U.S. International Obligations In The Post-9/11 Landscape, Clifford Ashcroft-Smith

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


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