Digital Commons Network^™

Empirical Economics And The Study Of Punishment And Crime, Thomas J. Miles

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No abstract provided.

Judicial Behavior And Performance: An Economic Approach, Richard A. Posner

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No abstract provided.

Guido Calabresi's 'The Costs Of Accidents': A Reassessment, Richard A. Posner

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No abstract provided.

Hayek, Law, And Cognition, Richard A. Posner

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No abstract provided.

Foreword: A Political Court, Richard A. Posner

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No abstract provided.

Consent, Aesthetics, And The Boundaries Of Sexual Privacy After Lawrence V. Texas, Lior Strahilevitz

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No abstract provided.

Cautionary Tales Of Adoption: Addressing The Litigation Crisis At The Moment Of Adoption, Elizabeth Brandt

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No abstract provided.

Group Judgments: Statistical Means, Deliberation, And Information Markets, Cass R. Sunstein

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How can groups elicit and aggregate the information held by their individual members? There are three possibilities. Groups might use the statistical mean of individual judgments; they might encourage deliberation; or they might use information markets. In both private and public institutions, deliberation is the standard way of proceeding; but for two reasons, deliberating groups often fail to make good decisions. First, the statements and acts of some group members convey relevant information, and that information often leads other people not to disclose what they know. Second, social pressures, imposed by some group members, often lead other group members to …

Is Capital Punishment Morally Required? - Acts, Omissions, And Life-Life Tradeoffs Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule

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Many people believe that the death penalty should be abolished even if as recent evidence seems to suggest, it has a significant deterrent effect. But if such an effect can be established, capital punishment requires a life-life tradeoff, and a serious commitment to the sanctity of human life may well compel, rather than forbid, that form of punishment. The familiar problems with capital punishment potential error, irreversibility, arbitrariness, and racial skew-do not require abolition because the realm of homicide suffers from those same problems in even more acute form. Moral objections to the death penalty frequently depend on a sharp …

Precautions Against What - The Availability Heuristic And Cross-Cultural Risk Perception Meador Lecture Series 2004-2005: Risk And The Law, Cass R. Sunstein

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Because risks are on all sides of social situations, it is not possible to be globally "precautionary." Hence, the Precautionary Principle runs into serious conceptual difficulties; any precautions will themselves create hazards of one kind or another. When the principle gives guidance, it is often because of the availability heuristic, which can make some risks stand out as particularly salient, regardless of their actual magnitude. The same heuristic helps to explain differences across groups, cultures, and even nations in the perception of risks, especially when linked with such social processes as cascades and group polarization. One difficulty is that what …

Problems With Minimalism, Cass R. Sunstein

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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. In many contexts, however, that commitment is hard to justify, simply because it imposes severe decisionmaking 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 rulings cannot itself be made by rules or even presumptions; it requires a case-by-case inquiry. The argument is illustrated …

Endorsement Retires: From Religious Symbols To Anti-Sorting Principles, Adam M. Samaha

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No abstract provided.

Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha

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No abstract provided.

Medellin V. Dretke: Federalism Andinternational Law, Curtis A. Bradley, Lori F. Damrosch

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No abstract provided.

Punishment Purposes, Richard Frase

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No abstract provided.

Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield

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By Any Other Name?: On Being "Regarded As" Black, And Why Title Vii Should Apply Even If Lakisha And Jamal Are White, Angela Onwuachi-Willig, Mario L. Barnes

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Applying theories concerning the social construction of race, this Article borrows from the definition of disability under the Americans with Disabilities Act of 1990 (ADA) and the courts' analyses of disability discrimination cases under the "regarded as" disabled provision of the ADA, which allows a plaintiff to bring a claim against an employer who regards the plaintiff as having an impairment that substantially limits a major life activity. Using the "regarded as" provision as a model, this Article proposes a new method for recognizing discrimination claims based on the use of proxies for race-even when those proxies have been used …

The Exxon Valdez Reopener: Natural Resources Damage Settlements And Roads Not Taken, William H. Rodgers, Jr., J.B. Crosetto Iii, C.A. Holley, T.C. Kade, J.H. Kaufman, C.M. Kostelec, K.A. Michael, R.J. Sandberg, J.L. Schorr

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The 1989 Exxon Valdez oil spill caused extensive natural resource damage to the Prince William Sound. Lawsuits addressing this natural resource damage resulted in a settlement that required Exxon to pay $900 million over time to trustees charged with spending this money to restore the damaged environment of the Sound and nearby areas. The settlement included a “Reopener Clause,” which pledges Exxon to spend an additional $100 million to fund restoration or rehabilitation of resources whose injuries were not foreseeable in 1989.

This Article urges the State of Alaska and the United States to seek enforcement of the Reopener Clause, …

Detroit Area Study On Financial Services: What? Why? How?, Michael S. Barr

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The following article is based on a talk give by Assistant Professor of Law Michael S. Barr to the University of Texas Law School-Harvard Law School Joint Conference on Commercial Law Realities in Austin, Texas, in April. Barr was selected by the University of Michigan’s Institute for Social Research, Survey Research Center to be the faculty investigator for the Detroit Area Study, which the University has conducted for more than 50 years. Barr is using the study to explore the financial services needs of low- and moderate-income households, building on his groundbreaking analysis in Banking the Poor. Barr raised a …

The Sec At 70: Time For Retirement?, Adam C. Pritchard

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The Article proceeds as follows. Part I explains the pathologies of the SEC and explores the relation between those pathologies and the SEC's status as an independent agency. Part II then outlines an alternative regulatory structure primarily situated within the executive branch. I also argue that such a relocation of authority would enhance regulatory effectiveness while simultaneously reducing the cost of excessive regulation. The Article concludes with some thoughts about the viability of my proposal.

Classroom Interpreting And Visual Information Processing In Mainstream Education For Deaf Students: Live Or Memorex?, Marc Marschark, Jeff Pelz, Carol Convertino, Patricia Sapere, Mary Ellen Arndt, Rosemarie Seewagen

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This study examined visual information processing and learning in classrooms including both deaf and hearing students. Of particular interest were the effects on deaf students’ learning of live (threedimensional) versus video-recorded (two-dimensional) sign language interpreting and the visual attention strategies of more and less experienced deaf signers exposed to simultaneous, multiple sources of visual information. Results from three experiments consistently indicated no differences in learning between three-dimensional and two-dimensional presentations among hearing or deaf students. Analyses of students’ allocation of visual attention and the influence of various demographic and experimental variables suggested considerable flexibility in deaf students’ receptive communication skills. …

Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks

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Linguistic ambiguity in the refugee definition's requirement of "well-founded fear" of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is "well-founded" only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the "objective element"). But it is less clear whether the well-founded "fear" standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of "fear," few courts or commentators have undertaken the task …

After 70 Years Of The Nlrb: Warm Congratulations -- And A Few Reservations, Theodore J. St. Antoine

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The following essay is based on a talk the speaker was invited to deliver to the National Labor Relations Board on June 3 in Washington, D.C., on the occasion of the agency's 70th anniversary.

Circles And Circularity In The Writings Of John Mcgahern, Eamon Maher

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Material reproduced by kind permission of Nordic Irish Studies

Why Lawyers Are Unhappy, Martin E.P. Seligman, Paul R. Verkuil, Terry H. Kang

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[According to the authors of this article, the growing unhappiness of lawyers, particularly young lawyers, stems from three causes: (1) Lawyers are selected for their pessimism (or "prudence") and this generalizes to the rest of their lives; (2) Young associates hold jobs that are characterized by high pressure and low decision latitude, exactly the conditions that promote poor health and poor morale; and (3) American law is to some extent a zero-sum game, and negative emotions flow from zero-sum games....

This article has been shared with practitioners as well as academics. It grows out of faculty seminars held at the …

Rabbinic Legal Magic: A New Look At Honi's Circle As The Construction Of Law's Space, Suzanne Last Stone

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The article reinterprets Honi the Circle Drawer's actions as a legal performative, arguing that his act of drawing a circle constitutes the creation of a legal space rather than a magical ritual. By establishing a jurisdictional boundary, Honi compels a divine response, illustrating a sophisticated legal framework within rabbinic culture. This analysis challenges the view of early rabbinic practices as primarily magical, instead emphasizing their legal underpinnings and the use of rituals to establish jurisdiction.

The Intersection Of Evaluation Be Mediators And Informed Consent: Warning The Unwary, Lela P. Love, John W. Cooley

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No abstract provided.

Loving Your Students - A Faculty Model For Today's Classroom, Anthony Trippe

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This paper reviews research related to four recent business management models of charismatic and inspirational leadership. It goes on to select the key traits and behaviors of these leadership models for the workplace environment and use them as the foundation of a model for a loving faculty member. Like the business leader, the devoted, caring professor leads his engineering students in their quest for knowledge, growth and learning. Based upon peer-reviewed leadership research which reports the value and benefits of a caring, mentoring and loving leader in the business world, the loving professor will also be successful in meeting the …

Educational Interpreting: Access And Outcomes, Marc Marschark, Patricia Sapere, Carol Convertino, Rosemarie Seewagen

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This chapter argues that the assumption that mainstream education—supported by sign language interpreting—can provide deaf students with fair and appropriate public education may be unfounded. It describes research that emphasizes the need to understand better the complex personal and functional interactions of students, instructors, interpreters, and settings if educational interpreting—and interpreted education— is to be optimally beneficial for deaf students.

Credit Cards On Campus: Academic Inquiry, Objective Empiricism, Or Advocacy Research?, Robert Manning, Ray Kirshak

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Professors John M. Barron and Michael E. Staten's article in Vol. 34, N. 3 of the Journal of Student Financial Aid, "Usage of Credit Cards Received through College Student Marketing Programs," purports to "provide benchmark measures of college student credit card usage" (p. 7). Based on empirical analysis of proprietary industry data, they conclude that "There is no evidence... that young adults who received credit cards through student-marketing programs are misusing cards so frequently as to warrant singling them out as a group for special protections from marketing solicitations" (p. 25). Their key assertions, which portray on-campus credit card marketing …