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Two Mistakes Behavioralists Make: A Reply To Professor Feigenson Et Al. And Professor Slovic, Thom Lambert Oct 2004

Two Mistakes Behavioralists Make: A Reply To Professor Feigenson Et Al. And Professor Slovic, Thom Lambert

Faculty Publications

First, the growing catalog of cognitive quirks may lead behavioralists to hastily adopt “non-rational” explanations for otherwise rational behavior. Second, because their evidence seems to undermine the rationality assumption of Chicago school law and economics, behavioralists may improperly assume that their work also undermines that school's default policy prescription--i.e., laissez faire. Consequently, they may advocate inappropriately paternalistic government policies.


"National Security" Information And The Freedom Of Information Act, Christina E. Wells Oct 2004

"National Security" Information And The Freedom Of Information Act, Christina E. Wells

Faculty Publications

Secrecy regarding national security information is a widely accepted phenomenon. Throughout history, however, such secrecy has proved problematic. Although officials often have credible and legitimate reasons to keep national security information secret, government secrecy initiatives have invariably expanded to encompass information beyond their initial rationale. Over time, we have come to realize the very real problems associated with excessive government secrecy.


The Law And Economics Of Employee Information Exchange In The Knowledge Economy, Rafael Gely, Leonard Bierman Apr 2004

The Law And Economics Of Employee Information Exchange In The Knowledge Economy, Rafael Gely, Leonard Bierman

Faculty Publications

Mr. Fowler's story illustrates nicely how, in the new economy, knowledge has become both the key production process component and an important object of exchange itself. While knowledge has always been a component of economic activity, it has become “the one factor of production” capable of increasing the productive capacity of both capital and labor. Mr. Fowler's story also reminds us that, as it was the case in years past, the interests of employers and employees do not necessarily coincide when it comes to allocating rights regarding the ownership and exchange of knowledge.Interestingly, this transition towards a “knowledge economy,” and …


What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron Apr 2004

What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron

Faculty Publications

In Moneyball, Michael Lewis writes about a story with which he fell in love, a story about professional baseball and the people that play it. A surprising number of books and articles have been written by law professors who have had long love affairs with baseball. These books and articles are a two-way street, with baseball and law each informing and enriching the other. For example, law professors versed in antitrust, labor, property, tax, and tort law have brought their legal training to bear on particular aspects of baseball. Law professors also have mined their passion for baseball in extracting …


Affirmative Refraction: Grutter V. Bollinger Through The Lens Of The Case "The Case Of The Speluncean Explorers", Rafael Gely, Paul L. Caron Apr 2004

Affirmative Refraction: Grutter V. Bollinger Through The Lens Of The Case "The Case Of The Speluncean Explorers", Rafael Gely, Paul L. Caron

Faculty Publications

What can a fifty year-old hypothetical about human cannibalism concocted by the late Lon Fuller teach us about the Supreme Court's recent foray into the affirmative action debate in twenty-first century America? Indeed, what can a tax law professor and a labor law professor add to the cacophony of voices of leading constitutional law scholars on the Court's most important pronouncement on race in a generation? We make a rather modest claim, based on teaching both of these cases in our one-week Introduction to Law classes for incoming first year students, that a helpful way to view Grutter v. Bollinger …


Lessons From Juvenile Justice History In The United States, Douglas E. Abrams Jan 2004

Lessons From Juvenile Justice History In The United States, Douglas E. Abrams

Faculty Publications

Properly understood, “juvenile justice” encompasses all four primary categories of juvenile court jurisdiction - - abuse and neglect, adoption, status offenses and delinquency. I will concentrate today on delinquency - - what states have done with * children found to have committed acts that would be crimes if committed by adults.


Damages As Narrative, Melody Richardson Daily Jan 2004

Damages As Narrative, Melody Richardson Daily

Faculty Publications

The traditional approach to legal instruction in America-the casebook method-requires students to read hundreds of appellate decisions, most of which include equally terse accounts of human suffering. How might this pedagogical approach affect future lawyers? Can reading a book like Damages help law students develop the ability to empathize with their clients?


Taking Back The Law School Classroom: Using Technology To Foster Active Student Learning , Rafael Gely, Paul L. Caron Jan 2004

Taking Back The Law School Classroom: Using Technology To Foster Active Student Learning , Rafael Gely, Paul L. Caron

Faculty Publications

Law schools (and indeed all of higher education) have witnessed an explosive growth in the use of technology in the classroom. Many law teachers now deploy a wide array of technological bells and whistles, including PowerPoint slides, Web-based course platforms, in-class Internet access, and the like. Students, in turn, increasingly come to class armed with laptop computers to harvest the fruits of the classroom experience. Yet in recent years there has been something of a backlash, with various law teachers arguing that this technology is interfering with, rather than improving, pedagogy in the classroom. According to the critics, the technology …


Spotlight: Response To Violence Against Women At The University Of Missouri At Columbia, Mary M. Beck Jan 2004

Spotlight: Response To Violence Against Women At The University Of Missouri At Columbia, Mary M. Beck

Faculty Publications

The University of Missouri (“MU”) sits in the picturesque college town of Columbia on the largest and oldest campus of the Missouri University system. MU is a land grant institution created with funds and land appropriated by the Morrill Acts of 1862 and 1890. The University “honors [that public trust] and accepts the associated accountability” by acquiring, creating, transmitting, and preserving knowledge. “MU's primary mission in research and doctoral education . . . provides the basis for service to the people of [Missouri] via outreach programs.” Domestic violence impacts MU's land grant influenced service mission. Its organizational departments, educational units, …