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Series

Boston University School of Law

Faculty Scholarship

1992

Theory

Articles 1 - 2 of 2

Full-Text Articles in Law

The Internalization Paradox And Workers' Compensation, Keith N. Hylton Jan 1992

The Internalization Paradox And Workers' Compensation, Keith N. Hylton

Faculty Scholarship

By providing a scientific link between the compensatory and deterrence goals of tort law, the Pigovian theory of externalities has had an enormous influence on modem torts scholarship and tort doctrine.


An Interpretivist Agenda, Gary S. Lawson Jan 1992

An Interpretivist Agenda, Gary S. Lawson

Faculty Scholarship

As I write these words, bevies of law clerks assigned to cases involving the Bill of Rights are dutifully editing their bench memos for publication in the national reporter system. Once printed, these bench memos will be solemnly treated by lawyers, scholars, other law clerks, and the occasional judge who runs across them as legally significant, or even binding, interpretations of the Constitution. Two features of this burgeoning mass of otherwise unpublishable law review comments bear mention. First, most of them are tedious, tendentious, pretentious, and badly reasoned when reasoned at all, just as one would expect from authors who …