Law Commons^™

Vol. 15, No. 10 (November 2, 1998)

Indiana Law Annotated

No abstract provided.

Plain English Part Vi: Negatives Or The Power Of Positives, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

This column is the last in a series' describing six"clear writing techniques" set out by the SEC in proposed rules to require that disclosures be written in Plain English. This last writing tip is to avoid "negative sentences and multiple negatives."

The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb

Cornell Law Faculty Publications

Supreme Court doctrine protects two seemingly distinct kinds of interests under the heading of privacy rights: one "substantive," the other "procedural." The Fourth Amendment guarantee against "unreasonable searches and seizures" has been generally interpreted to protect procedural privacy. Searches are typically defined as governmental inspections of activities and locations in which an individual has a reasonable expectation of privacy from observation. In the typical case, this reasonable expectation of privacy may be breached only where the government has acquired a quantitatively substantial objective basis for believing that the search would uncover evidence of a crime. Substantive privacy rights have not …

Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Cynthia Grant Bowman, Elizabeth M. Schneider

Cornell Law Faculty Publications

No abstract provided.

The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg

Cornell Law Faculty Publications

Professor Viscusi's article differs from the dominant mode of law and economics scholarship on punitive damages. The usual punitive damages article contains purely theoretical considerations about when punitive damages are appropriate and about their optimal level; no effort is made to ascertain whether the existing pattern of punitive awards corresponds with the theory. This is part of a larger problem: the dearth of empirical evidence in law and economics scholarship. Viscusi, on the other hand, provides empirical tests of whether punitive damages accomplish their goals, and he makes creative use of publicly available data sources. For the goal of his …

Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden

Cornell Law Faculty Publications

Site Visit To Southern California — Plans And Providers: Risk, Accountability, And Staying Power, Lisa Sprague

National Health Policy Forum

This site visit was the second of two focused on managed care operations and market dynamics in California, a state notable for high HMO market penetration and intense competition. In southern California, large physician groups and independent practice associations were highly visible and influential. They had assumed significant financial risk and care management responsibility for patients in HMO plans. The result was a distinctly different model of managed care than existed in other regions of the country. The visit included meetings with leaders from physician organizations and managed care organizations in San Diego and Orange counties, as well as an …

Prevalence, Incidence, And Consequences Of Violence Against Women: Findings From The National Violence Against Women Survey, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Panel Rejects Ninth Circuit Split, Carl W. Tobias

Law Faculty Publications

No abstract provided.

Ndls Update 11/1998, Notre Dame Law School

NDLS Update

No abstract provided.

Charting The Influences On The Judicial Mind: An Empirical Study Of Judicial Reasoning, Gregory C. Sisk, Michael Heise, Andrew P. Morriss

Cornell Law Faculty Publications

In 1988, hundreds of federal district judges were suddenly confronted with the need to render a decision on the constitutionality of the Sentencing Reform Act and the newly promulgated criminal Sentencing Guidelines. Never before has a question of such importance and involving such significant issues of constitutional law mandated the immediate and simultaneous attention of such a large segment of the federal trial bench. Accordingly, this event provides an archetypal model for exploring the influence of social background, ideology, judicial role and institution, and other factors on judicial decisionmaking. Based upon a unique set of written decisions involving an identical …

Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles

Cornell Law Faculty Publications

No abstract provided.

A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Line Drawing, Doctrine, And Efficiency In The Tax Law, David A. Weisbach

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Managed Care And Managed Sentencing — A Tale Of Two Systems, Ronald Weich

All Faculty Scholarship

The daily injustices mount. The front line professionals who administer the system cry out for more discretion to depart from the rigid rules that bind them, Congress finally hears their call, and is poised to enact sweeping reforms.

Are improvements in federal sentencing law on the way? Probably not in the near future. But the new Congress will surely take up proposals to regulate the managed health care industry, and the impending debate over a proposed "Patients' Bill of Rights" law offers important lessons for federal sentencing policy.

At first blush, sentencing reform and health care reform have about as …

Deterrence, Brutalization, And The Death Penalty: Another Examination Of Oklahoma's Return To Capital Punishment, William C. Bailey

Sociology & Criminology Faculty Publications

A replication and extension of a weekly ARIMA analysis (1989–1991) by Cochran et al. (1994), which appeared in Criminology, confirms that Oklahoma's return to capital punishment in 1990, after a 25-year moratorium, was followed by a significant increase in killings involving strangers. Moreover, a multivariate autoregressive analysis, which includes measures of the frequency of executions, the level of print media attention devoted to executions, and selected sociodemographic variables, produced results consistent with the brutalization hypothesis for total homicides, as well as a variety of different types of killing involving both strangers and nonstrangers. No prior study has shown such strong …

Why Basic Liberties Are Bilateral, James W. Nickel

Articles

No abstract provided.

The Right To Farm: Hog-Tied And Nuisance-Bound, Alexander A. Reinert

Articles

No abstract provided.

Punitive Damages And The Economic Theory Of Penalties, Keith N. Hylton

Faculty Scholarship

Deterrence has long been considered one of the most important goals of both tort law and criminal law. However, there are different notions of deterrence advanced in the literature in these areas. The traditional notion of deterrence in the criminal punishment literature is one of "complete deterrence," of stopping offenders from committing offensive acts. Generally, complete deterrence is accomplished by eliminating the prospect of gain on the part of the offender. The alternative, more recent notion of deterrence, largely observed in the torts literature, is that of "appropriate or optimal deterrence," which implies deterring offensive conduct only up to the …

Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Elizabeth M. Schneider, Cynthia Grant

Faculty Scholarship

No abstract provided.

Site Visit To Utah And Nevada — Essential Community Health Services On The Frontier, Karen Matherlee, Michael Anzick

National Health Policy Forum

From the opening dinner to the closing summary, this site visit explored the delivery and financing of essential community services for vulnerable populations in the frontier West. A sequel to the Forum's March 30-31, 1998, urban-centered site visit to Philadelphia, Providing Community-Based Primary Care: Nursing Centers, CHCs, and Other Initiatives, the visit spanned 493 miles. It included overview presentations, bus briefings, facility tours, telehealth demonstrations, panel discussions, and wrap-up reviews. Topics included the Utah health marketplace, the demands of emergency preparedness, the development of a patchwork of services along a continuum ranging from preventive care to tertiary referrals and follow-up, …

Why Clinton Should Pardon Pollard – Now, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Vol. 15, No. 09 (October 26, 1998)

Indiana Law Annotated

No abstract provided.

Vol. 49, No. 4, October 23, 1998, University Of Michigan Law School

Res Gestae

•Halloween Party Set for October 30 •Moot Court Season Begins •Figure Out Just How Big a Loser You Really Are •And You Thought Your Life Was Miserable •At Least Find Somewhere More Sophisticated than Rick's •I'll Be Siskel, You Be Ebert •Celebrate the Holidays- RG Style •Alcohol Eases the Pain

Contents Of Legal Information On The Internet: U.S. Perspectives, Claire M. Germain

Cornell Law Faculty Working Papers

This article examines the contents of legal data and information on the Internet, with a special focus on the United States. It then evaluates the quality of the data, its impact on legal research and access to legal information, and addresses some issues raised by the digital medium, such as its reliability and permanent access concerns.

Community Involvement: Facilitation Adds Flexibility To Land Use Decision-Making, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

SEQRA, the New York State Environmental Quality Review Act, creates a process whereby public actions are reviewed with the intent to mitigate the adverse environmental impacts of those actions. Recently decided New York case law has created flexibility in the SEQRA process by allowing developers, among others, to revamp proposed projects early in the application process in order to expedite SEQRA and save substantial amounts of money. A New York court held that using public meetings to garner information and negotiate different aspects of a proposed project, and a determination of a negative declaration (the proposed project will have no …

The Weekly October 20, 1998, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

Certificate Of Service (Federal Appellants'), Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.

Vol. 15, No. 08 (October 19, 1998)

Indiana Law Annotated

No abstract provided.