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Behavioral Economics And The Sec, Stephen J. Choi, Adam C. Pritchard

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Not all investors are rational. Quite apart from the obvious examples of credulity in the face of the latest Ponzi scheme, there is no shortage of evidence that many investors' decisions are influenced by systematic biases that impair their abilities to maximize their investment returns. For example, investors will often hold onto poorly performing stocks longer than warranted, hoping to recoup their losses. Other investors will engage in speculative trading, dissipating their returns by paying larger commissions than more passive investors. And we are not just talking about widows and orphans here. There is evidence that supposedly sophisticated institutional investors-mutual …

Teaching Adr In The Labor Field In China, Theodore J. St. Antoine

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The editors have asked us to be quite personal in our ruminations on the future of comparative labor law and policy. For me, over the past several years, the focus has been on China. My first visit to China in 1994, purely as a tourist, was almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October, I was scheduled to begin teaching a oneterm course in American law as a visiting professor at Cambridge University …

Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin

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Federal Rule of Evidence 702 speaks in very general terms. It governs every situation in which "scientific, technical or other specialized knowledge will assist the trier of fact," and provides that, in that situation, "a witness qualified as an expert by knowledge, skill, experience, or education, may testify thereto in the form of an opinion or otherwise . . . .' In 2000, following a trio of Supreme Court cases interpreting Rule 702, the Rule was amended to include a third requirement, in addition to the helpfulness of the testimony and the qualifications of the witness: reliability. Under Rule 702 …

What They Say At The End: Capital Victims' Families And The Press, Samuel R. Gross, Daniel J. Matheson

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Perhaps the most common complaint by American crime victims and their families is that they are ignored-by the police, by the prosecutors, by the courts and by the press. However true that may be for capital cases in general, there is at least one consistent exception: the great majority of newspaper accounts of executions include at least some description of the reactions of the victims' families and of any surviving victims. It seems to have become an item on the checklist, part of the "who, what, where, when, why, and how" of execution stories. When no family members are available, …

The Uniform Probate Code's Elective Share: Time For A Reassessment, Lawrence W. Waggoner

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In this Article, Professor Waggoner proposes reforms to the Uniform Probate Code's (UPC) treatment of the elective share of the surviving spouse. First, the Article recommends that the UPC adopt a form of presentation that more transparently reflects the normative theories and empirical assumptions underlying the UPC's elective share framework. Second, the Article presents demographic data suggesting that the UPC's current elective share approximation schedule may be inappropriatef or a sizable faction of married couples, those remarryingf ollowing widowhood. Finally, the Article proposes two substantive revisions to the UPC's election share framework-the first proposal is to lengthen the approximation schedule; …

Confrontation As A Hot Topic: The Virtues Of Going Back To Square One, Richard D. Friedman

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I have been working so obsessively on the accused's right to confront the witnesses against him 1 that I am gratified that the organizers of this conference have designated confrontation as one of the "hot topics" of Evidence law. I am not so egotistical as to think that my work has made confrontation into a hot topic; I am just glad to know that I am working where a good deal of action is, and that other scholars recognize that confrontation is an important area in which dramatic changes may be occurring.

Introduction, The Osceola After 100 Years: Its Meaning And Effect On Maritime Personal Injury Law In The United States, Craig Allen

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A century ago the United States Supreme Court issued its decision in The Osceola [189 U.S. 158 (1903)], announcing four legal propositions that controlled personal injury claims by seamen at the time. On the 100th anniversary of the Court's decision, the four admiralty law professors contributing to this symposium take the opportunity to critically examine the Court's renowned decision, Congress' responses to the decision, and the effect of both The Osceola's four propositions and the responsive legislation on the remedies available to injured maritime workers in the 21st century.

In the first of the three articles that follow, Professor …

Home On The Range: Family And Constitutionalism In American Continental Settlement, Mark E. Brandon

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No abstract provided.

The Racial Double Helix: Watson, Crick, And Brown V. Board Of Education (Our No-Bell Prize Award Speech) Brown@50 Symposium - Inaugural Charles Hamilton Houston Lecture, Richard Delgado, Jean Stefancic

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No abstract provided.

The Evolution Of Water Pollution Control In The United States - State, Local, And Federal Efforts, 1789-1972: Part Ii, William L. Andreen

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This is the second article in a twopart series that examines the legal and technological developments as well as the social and political forces that culminated in the enactment of one of the landmark statutes of the twentieth century the Clean Water Act The first article which appeared at 22 Stanford Environmental Law Journal 145 2003 focused on developments at the state and local level It traced the way in which water pollution progressed from a simple local issue to a complex state and regional problem by the 1920s The article then turned to the development of state regulation from …

The Continuing Assault On The Citadel Of Fiduciary Protection: Ethics 2000'S Revision Of Model Rule 1.5, Lester Brickman

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The attorney-client relationship typifies a fiduciary relationship. At a minimum, attorneys are required to deal fairly and reasonably with their clients while avoiding any inclination to act in a selfinterested manner. Nowhere is the tension between a lawyer's selfinterest and their fiduciary obligations to a client greater than in the area of fee structures.

Contingency fees were developed to allow clients representation when they otherwise may not be able to afford such representation, while compensating a lawyer in a manner commensurate with the degree of risk presented by the case. Despite the inherent self-interest encountered by lawyers when presented by …

Distrust Quotations In Latin, Peter Goodrich

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No abstract provided.

The Evolution Of Water Pollution Control In The United States - State, Local, And Federal Efforts, 1789-1972: Part I, William L. Andreen

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This is the first article in a twopart series that explores the trends and developments that eventually led Congress to enact one of the most complex and significant pieces of legislation in history the Clean Water Act It examines the way in which water pollution evolved from a relatively simple local issue in the early years of the Republic into a complex state and regional problem by 1920 The article then examines the development of state regulation from 1869 to 1972 an account that covers the evolution of state agencies and regulatory innovations such as water quality standards and uniform …

A Comparative Perspective On The First Amendment: Free Speech, Militant Democracy, And The Primacy Of Dignity As A Preferred Constitutional Value In Germany, Ronald J. Krotoszynski Jr.

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No abstract provided.

Trials And Tribulations: Science In The Law, Susan Haack

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No abstract provided.

Inquiry And Advocacy, Fallibilism And Finality: Culture And Inference In Science And The Law, Susan Haack

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No abstract provided.

The Office Of The Oath, Patrick O. Gudridge

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No abstract provided.

Children's Rights In Israel: An End To Corporal Punishment, Tamar Ezer

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No abstract provided.

What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens

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No abstract provided.

Ireland In The Eye Of The Tiger, Eamon Maher

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Reproduced by kind permission of Reality

Real Estate Tax Credits And Other Financial Incentives For Investing In Historic Property In The United States, Robert Pickard, Tracy Pickerill

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This paper examines the legislative and administrative background for designating historic property for protection in the United States (US) and their rehabilitation against a whole series of financial inducements and mechanisms. The preservation of heritage buildings in the US forms an integral part of the property market. Market forces and government regulations in the form of preservation law, standards for rehabilitation and the revenue code dictate the success or failure of renovating historic buildings. At all levels of governments (federal, state and local) there has been a growing reluctance in recent years to increase regulatory burdens and fiscal constraints on …

The Physician As A Conscientious Objector, J. David Bleich

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No abstract provided.

"Seperation": From Epithet To Constitutional Norm, Marci A. Hamilton

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No abstract provided.

A Priesthood Of The Pen, Eamon Maher

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Material reproduced by kind permission of Doctrine and Life

Re-Generation, Noel Brady

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Critical analysis of Sandyford Office Park, Dublin, Ireland

Encouraging Race-Based Advocacy In Legal Services Practice, Jonel Newman

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Every legal services program has a waiting room, some newly furnished, others with old sofas and tattered chairs. The families, children, and elderly sitting in these waiting rooms consistently are disproportionately racial and ethnic minorities. Despite this constant reminder that those seeking legal assistance for their perceived wrongs are disproportionately racial and ethnic minorities, legal services programs are bringing fewer and fewer affirmative challenges that incorporate race-based antidiscrimination claims.
/="/"> In this article we explore possible reasons for this lack of affirmative race- and national-origin-based discrimination claims and suggest some ideas for preserving or restarting this type of advocacy, ideas …

Lost Souls In Search Of The Light : Two Novels Of François Mauriac, Eamon Maher

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Material reproduced by kind permission of Doctrine and Life

Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport

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No abstract provided.

John Mcgahern : Writer, Stylist, Seeker Of A Lost World, Eamon Maher, Declan Kiberd

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Material reproduced by kind permission of Doctrine and Life.

The Measure Of Indian Water Rights: The Arizona Homeland Standard, Gila River Adjudication, Barbara Cosens

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On November 26, 2001, the Arizona Supreme Court concluded that Indian reservations were established as homelands. By articulating a homeland standard for the measure of reserved water rights based on tribal economic development plans, cultural needs, and historic water uses, the Arizona Supreme Court has eliminated many of the blatant inequities plaguing the current approach to Indian water rights quantification. Nevertheless, there are concerns with wholesale adoption of the Arizona standard, including the effect on those who have devoted resources in reliance on the previous standard, the introduction of uncertainty in the method of quantification, and the impact on federal …