Law Commons^™

The Administration Of Medicare: A Neglected Issue, Thomas H. Stanton

Washington and Lee Law Review

No abstract provided.

Is There Light At The End Of The Tunnel? Balancing Finality And Accuracy For Federal Black Lung Benefits Awards, Brian L. Hager

Washington and Lee Law Review

No abstract provided.

Museletter: September/October 2003, John R. Barden

Museletter

This Issue:

A Request for Help from Fellow Law Students by Melissa Lykins, SBA President

"Banned Books Week" -- September 20-27, 2003 by Timothy L. Coggins, Director of the Law Library and Professor of Law

Westlaw Offers Real-Time Coverage of the Wall Street Journal by Gail F. Zwirner

Muse Library Facts

Remember This Location!

Ideological Voting On Federal Courts Of Appeals: A Preliminary Investigation, Cass R. Sunstein, Lisa Michelle Ellman, David Schkade

Coase-Sandor Institute for Law & Economics Research Paper Series

For many decades, the United States has been conducting an extraordinary natural experiment: Randomly assigned three-judge panels on courts of appeals produce extensive evidence of the effect of judicial ideology on judges' votes. If the political party of the appointing president is treated as a rough proxy for ideology, then it becomes possible to test three hypotheses: (a) a judge’s votes, in ideologically contested areas, can be predicted by the party of the appointing president; (b) a judge’s ideological tendency, in such areas, will be amplified if the panel has two other judges appointed by an appointing president of the …

Statistics, Not Memories: What Was The Standard Of Care For Administering Antenatal Steroids To Women In Preterm Labor Between 1985 And 2000?, Cass R. Sunstein, William Meadow, Anthony Bell

Coase-Sandor Institute for Law & Economics Research Paper Series

We determined the frequency of antenatal corticosteroid use for mothers with threatened premature delivery in 1985, 1990, 1995, and 2000. We next compared published data to the surveyed recollections of 302 obstetricians who were practicing during these years. Two points emerged. First, published reports reveal that the use of antenatal corticosteroids increased steadily, from 8% in 1985 to 20% in 1990, 52% in 1995, and 75% in 2000 (P < .001). Second, “expert” opinions derived from the recollections of practicing obstetricians consistently overestimated the actual use of antenatal corticosteroids during the year in question—31% versus 8% for 1985, 56% versus 20% for 1990, 78% versus 52% for 1995, and 92% versus 72% for 2000 (all Ps < .001). The use of antenatal corticosteroids by obstetricians in the past 15 years reveals a phenomenon that is widely recognized elsewhere—retrospective memories are often wrong, and when they are wrong they are not randomly wrong. Rather, recollections are systematically skewed toward an outcome that, in hindsight, is considered desirable (the "Monday morning quarterback" phenomenon). We offer a simple proposal. In determining the "standard of medical care," the legal system should rely on statistical data about doctors' performance rather than the recollections of experts about doctors’ performance. The fallible memories of isolated experts are a crude second-best, far inferior to the data that they approximate. Widespread adoption of this view by professional physician organizations would dramatically increase the rationality of expert testimony in medical malpractice tort law. (Obstet Gynecol 2003;102:356–62. © 2003 by The American College of Obstetricians and Gynecologists.)

The Integration Of Tax Spending Programs, David A. Weisbach, Jacob Nussim

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper provides a theory for deciding when a spending program should be implemented through the tax system. The decision is traditionally thought to be based on considerations of tax policy. The most common theories are the comprehensive tax base theory and the tax expenditures theory, both of which rely on tax policy to make the determination. We argue instead that the decision should be based solely on consideration of organizational design. Activities should be grouped together in a way that achieves the best performance, much like a corporation decides how to divide its business into divisions. Tax policy is …

What Did Lawrence Hold? Of Autonomy, Desuetude, Sexuality, And Marriage, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

The Supreme Court's decision in Lawrence v. Texas is best seen as a cousin to Griswold v. Connecticut, invalidating a ban on the use of contraception within marriage, and Reed v. Reed, invalidating a preference for men over women in the administration of estates. In both cases, the Court struck down an anachronistic law palpably out of step with existing public convictions. Lawrence should be understood in the same terms, as rooted in a distinctly American-style doctrine of desuetude. The central principle is that at least if certain interests are involved, criminal statutes may not be invoked against citizens when …

Employer Tros Are All The Rage: A New Approach To Workplace Violence, Kyle Riley

Nevada Law Journal

This Article examines the emerging phenomenon of the Employer TRO - a remedy that allows employers to obtain TROs in response to the threat of workplace violence. The author argues that the employer TRO arms employers with new substantive rights, increases the protection of employees, and reduces the employer's liability for incidents of workplace violence. A comprehensive examination of the current responses to workplace violence indicates that employers and employees lack a response to the imminent workplace assault.

Malignant Democracy: Core Fallacies Underlying Election Of The Judiciary, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

Judicial Selection And Evaluation, Center For Democratic Culture At Unlv

Nevada Law Journal

No abstract provided.

Section 1446(B) Federal Removal Jurisdiction And The Thirty-Day Clock: Should A Motion To Amend Trigger The Time Bomb?, Briant S. Platt

Nevada Law Journal

No abstract provided.

In The Stream Of The Commerce Clause: Revisiting Asahi In The Wake Of Lopez And Morrison, Andrew Kurvers Spalding

Nevada Law Journal

No abstract provided.

Shutting The Barn Door Before The Horse Is Stolen: How And Why State Public Utility Commissions Should Regulate Transactions Between A Public Utility And Its Affiliates, Judy Sheldrew

Nevada Law Journal

No abstract provided.

Vol. 7, No. 1: Front Matter, Water Law Review

Water Law Review

No abstract provided.

Vol. 7, No. 1: Editor's Note, Brian L. Martinez

Water Law Review

No abstract provided.

In Memoriam: Benjamin "Kip" Lombard Jr., Neil R. Bryant

Water Law Review

No abstract provided.

Vol. 7, No. 1: Table Of Contents, Water Law Review

Water Law Review

No abstract provided.

The Role Of Climate In Shaping Western Water Institutions, Gregory J. Hobbs

Water Law Review

No abstract provided.

Statutory Expansion Of State Agencies' Authority To Administer And Develop Water Resources In Response To Colorado's Drought, Melinda Kassen

Water Law Review

No abstract provided.

Drought Proofing Water Law, Janet C. Neuman

Water Law Review

No abstract provided.

Designated Ground Water: Colorado's Unique Way Of Administering Its Underground Resources, William Fronczak

Water Law Review

No abstract provided.

Daniel Mccool, Native Waters: Contemporary Indian Water Settlements And The Second Treaty Era, Heather Chamberlain

Water Law Review

No abstract provided.

Raymond Proffitt Found. V. United States Army Corps Of Eng'rs, 343 F.3d 199 (3d Cir. 2003), Lisa M. Thompson

Water Law Review

No abstract provided.

Am. Canoe Ass'n, Inc. V. Murphy Farms, Inc., 326 F.3d 505 (4th Cir. 2003), Adriano Martinez

Water Law Review

No abstract provided.

Treacy V. Newdunn Assocs., 344 F.3d 407 (4th Cir. 2003), Curtis Graves

Water Law Review

No abstract provided.

United States V. Deaton, 332 F.3d 698 (4th Cir. 2003), James Parrot

Water Law Review

No abstract provided.

United States V. City Of Detroit, 329 F.3d 515 (6thcir. 2003), Karen L. Golan

Water Law Review

No abstract provided.

United States V. Rapanos, 339 F.3d 447 (6th Cir. 2003), Becky Bye

Water Law Review

No abstract provided.

Home Builders Ass'n Of Greater Chicago V. United States Army Corps Of Eng'rs, 335 F.3d 607 (7th Cir. 2003), Brian M. Forbush

Water Law Review

No abstract provided.

United States V. Rueth Dev. Co., 335 F.3d 598 (7th Cir. 2003), Gerritt James Koser

Water Law Review

No abstract provided.