Law Commons^™

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman

Rutgers Law School (Newark) Faculty Papers

In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …

The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

What's So Special About American Law?, William Ewald

All Faculty Scholarship

No abstract provided.

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION:Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- tropic …

The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

From Black And White To High Definition Equal Protection, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo

All Faculty Scholarship

Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress’s authority to employ devices such as special counsels and independent agencies to restrict the President’s control over the administration of the law. The initial debate focused on whether the Constitution rejected the “executive by committee” employed by the Articles of the Confederation in favor of a “unitary executive,” in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features …

Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer

All Faculty Scholarship

Most debate about the power of judicial review proceeds as if courts primarily invoke the Constitution against the considered judgment of elected legislatures; most constitutional commentary focuses on confrontations between the United States Supreme Court and state or federal legislatures. In fact, the federal courts most often enforce constitutional norms against administrative agencies and street-level bureaucrats, and the norms are enforced not by the Supreme Court but by the federal trial courts. In this Article, Professor Kreimer surveys this "dark matter" of our constitutional universe.

The Article compares the 292 cases involving constitutional claims decided by the Supreme Court during …

The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Does Pro-Choice Mean Pro-Kevorkian? An Essay On Roe, Casey, And The Right To Die, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.

Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Tribe's Judicious Feminism, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Democracy And Its Critics, Cary Coglianese

All Faculty Scholarship

No abstract provided.

Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Look Before You Leap: Some Cautionary Notes On Civic Republicanism, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams

All Faculty Scholarship

No abstract provided.

The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Privacy, Surrogacy, And The Baby M Case, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman

All Faculty Scholarship

No abstract provided.