Law Commons^™

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

Cornell Law Faculty Publications

No abstract provided.

Auto-Owners Insurance Co. V. Harrington: Resisting The Impulse To Judicially Rewrite Exclusion Clauses, D. Heath Bailey

BYU Law Review

No abstract provided.

The Character Evidence Rule Revisited, Kenneth J. Melilli

BYU Law Review

No abstract provided.

The Legal Implications Of Psychology: Human Behavior, Behavioral Economics, And The Law Symposium: The Legal Implications Of Psychology Human Behavior, Behavioral Economics, And The Law, Stephen D. Hurd

Vanderbilt Law Review

Nearly all interesting legal issues require accurate predictions about human behavior to be resolved satisfactorily. Judges, policy- makers, and academics invoke mental models of individual and social behavior whenever they estimate the desirability of alternative rules, policies, or procedures. Contemporary legal scholarship has come to recognize that if these predictions are naive and intuitive, without any strong empirical grounding, they are susceptible to error and ideological bias. Something more rigorous is thus expected when normative claims are advanced, and the place of the social sciences has expanded in legal discourse to satisfy this expectation.'

Three branches of the social sciences-economics, …

Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen

Michigan Law Review

Ninety-three years ago, in Lochner v. New York, the Supreme Court struck down a maximum-working-hours law for bakers as an impermissible invasion of employer-employee liberty of contract and, by implication, of the employer's property rights in his business. Lochner came to symbolize, and was vilified for, a vision of state power as rigidly circumscribed by the operation of judicially-determined laws of social ordering. By the late 1930s, the Court had changed course and accepted that the states' police power - or, in the case of Congress, the commerce power - encompassed even protective regulation of the parameters of the private …

Originalism And The Religion Clauses: A Response To Professor George, Kent Greenwalt

Loyola of Los Angeles Law Review

No abstract provided.

A Need For Uniformity: Survivorship Under 42 U.S.C. 1983, Michael Leboff

Loyola of Los Angeles Law Review

No abstract provided.

Cracking The Code Of United States V. Virginia, David K. Bowsher

Duke Law Journal

Mutability [of language] is so inescapable that it even holds true for artificial languages: Whoever creates a language controls it only so long as it is not in circulation; from the moment when it fulfils [sic] its mission and becomes the property of everyone, control is lost.(1).

Journal Staff

Duke Law Journal

No abstract provided.

Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh

Duke Law Journal

Preliminary injunctions against libel, obscenity, and other kinds of speech are generally considered unconstitutional prior restraints. Even though libel may inflict truly irreparable harm on its victim, the most a libel plaintiff can hope for is damages, or perhaps a permanent injunction after final adjudication, not preliminary relief. Professors Lemley and Volokh argue the same rule should apply to preliminary injunctions in many copyright, trademark, right of publicity, and trade secret cases. They note that intellectual property rights, unlike other property rights, are a form of content-based, government-imposed speech restriction. The mere fact that the restriction is denominated a "property …

Canon, Anti-Canon, And Judicial Dissent, Richard Primus

Duke Law Journal

No abstract provided.

Volume 23, No. 3

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: David Reble, Aswani K. Datt, Nicholas Lenco, Greg Moores

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 …

Behavioral Theories Of Judgment And Decision Making In Legal Scholarship: A Literature Review, Donald C. Langevoort

Vanderbilt Law Review

Nearly all interesting legal issues require accurate predictions about human behavior to be resolved satisfactorily. Judges, policy- makers, and academics invoke mental models of individual and social behavior whenever they estimate the desirability of alternative rules, policies, or procedures. Contemporary legal scholarship has come to recognize that if these predictions are naive and intuitive, without any strong empirical grounding, they are susceptible to error and ideological bias. Something more rigorous is thus expected when normative claims are advanced, and the place of the social sciences has expanded in legal discourse to satisfy this expectation.'

Three branches of the social sciences-economics, …

Inertia And Preference In Contract Negotiation: The Psychological Power Of Default Rules And Form Terms, Russell Korobkin

Vanderbilt Law Review

In The Problem of Social Cost,' the foundational article of the law and economics movement, Ronald Coase suggested that when transaction costs are zero, the initial allocation of a legal entitlement is irrelevant to its eventual ownership. Assuming no transaction costs, the Coase Theorem predicts that if party A values an entitlement more than does party B, A will keep the entitlement if it is initially allocated to him, and he will buy it if it is originally allocated to B. This powerful insight depends on the behavioral assumption that an individual's valuation of entitlements does not depend on ownership; …

Behavioral Economics, The Economic Analysis Of Bankruptcy Law And The Pricing Of Credit, Robert K. Rasmussen

Vanderbilt Law Review

Bankruptcy has been a fertile ground for the economic analysis of law. A significant portion of bankruptcy scholarship during the past fifteen years applies the basic assumptions of standard economic theory to the problems caused by financial distress. This scholarship begins with the premise that people make choices in a rational manner in order to maximize their individual utility. It applies this axiom to questions ranging from when do individuals file for bankruptcy to how bankruptcy laws affect firms' investment decisions. As it has in most other areas of law (especially private law), law and economics has both reshaped our …

Can There Be A Behavioral Law And Economics?, Samuel Issacharoff

Vanderbilt Law Review

The emergence of the modern law and economics analysis generally is dated to the early 1960s with the publication of seminal work by Ronald Coase' and subsequently by Guido Calabresi and Douglas Melamed. These articles laid the foundation for the relation between legal rules, wealth maximization, and transaction costs, which provided the pivotal application of economic analysis to legal problems. However, the current sweep of law and economics would have been inconceivable without Gary Becker's insight into the application of neoclassical comparisons of marginal utility to the stuff of everyday life. Becker's analysis of routine decision making in terms of …

The Growing Pains Of Behavioral Law And Economics, Thomas S. Ulen

Vanderbilt Law Review

We are at the beginning of behavioral law and economics. We now see only dimly the outlines of the elaborate theory of decision making that is to come. We are like the independent scholars who examined the various parts of a very large animal and then tried to put together their reports to describe that animal; we each have bits and pieces of the elephant but no clear image of the entire beast. But we should not despair. We must remember that this behavioralist discipline is, as scholarly developments go, young. Indeed, the conventional law and economics model, to which …

Comment: The Future Of Behavioral Economic Analysis Of Law, Jennifer Arlen

Vanderbilt Law Review

Behavioral economic analysis of law presents an important challenge to conventional law and economics, strengthened in part by the fact that conventional law and economics is itself a behavioral approach to law. Indeed, conventional law and economics can be viewed as the first widely-adopted behavioral approach to law. A central contribution of Ronald Coase's pathbreaking article was the claim that one cannot determine the effect of a law by simply looking at the law itself--at the conduct the law requires. Instead, one must determine how people will respond to the law.' Legal rules, he argued, do not dictate behavior-they simply …

Putting Rational Actors In Their Place: Economics And Phenomenology, Edward L. Rubin

Vanderbilt Law Review

The model of human behavior that is used in microeconomics is both normative and descriptive. As a normative model, it is an historical successor to the medieval concept of grace and the Renaissance concept of virtue. As a descriptive model, it is a theory of human psychology. Economists tend to deemphasize this point be- cause psychology is a notoriously "soft" science, and economists aspire to the "hard" sciences' precision. Nonetheless, any model that states the way human beings behave under specified circumstances is necessarily a theory of the way the human mind functions, and thus be- longs in the category …

Oct. 29, 1998 (Faxed), A. Umana, Statement On Retiring From Wbip, Alvaro Umana

CAO Creation Pre-1999

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.

The Opinion Volume 50 Issue 7 – October 26, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 26, 1998

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.

Federal Appellants' Report Certifying That All Necessary Transcripts Have Been Completed, Marta Hoilman

Sandia Pueblo Mountain Claim

No abstract provided.