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Articles 1 - 5 of 5
Full-Text Articles in Law
The Beggar's Opera And Its Criminal Law Context, Ian Gallacher
The Beggar's Opera And Its Criminal Law Context, Ian Gallacher
College of Law - Faculty Scholarship
This chapter seeks to take the characters and situations of Gay's The Beggar's Opera and consider how closely the play's portrayal matches the historical record. Although the view offered by the play is a restricted one, the chapter concludes that the picture it offers is as close to historical reality as any other document from the period.
Is Cost-Benefit Analysis Neutral?, David M. Driesen
Is Cost-Benefit Analysis Neutral?, David M. Driesen
College of Law - Faculty Scholarship
Cost-benefit analysis (CBA) owes much of its appeal to its image as a neutral principle for deciding upon the appropriate stringency of environmental, health, and safety regulation. This article examines whether CBA is neutral in effect, i.e. whether it sometimes makes regulations more stringent or regularly leads to weaker health, safety and environmental protection. It also addresses the question of whether CBA offers either an objective value-neutral method or procedural neutrality. This Article shows that CBA has almost always proven anti-environmental in practice and that, in many ways, it is anti-environmental in theory. It examines the practice of the Bush …
Regulatory Reform: The New Lochnerism?, David M. Driesen
Regulatory Reform: The New Lochnerism?, David M. Driesen
College of Law - Faculty Scholarship
This article explores the question of whether contemporary regulatory reformers' attitudes toward government regulation have anything in common with those of the Lochner-era Court. It finds that both groups tend to favor value-neutral law guided by cost-benefit analysis over legislative value choices. Their skepticism toward redistributive legislation reflects shared beliefs that regulation often proves counterproductive in terms of its own objectives, fails demanding tests for rationality, and violates the natural order. This parallelism raises fresh questions about claims of neutrality and heightened rationality that serve as important justifications for modern regulatory reform.
To Err Is Human: Art Mix-Ups - A Labor-Based, Relational Proposal, Leslie Bender
To Err Is Human: Art Mix-Ups - A Labor-Based, Relational Proposal, Leslie Bender
College of Law - Faculty Scholarship
No abstract provided.
“Forty-Two:” A Hitchhikers Guide To Teaching Legal Research To The Google Generation, Ian Gallacher
“Forty-Two:” A Hitchhikers Guide To Teaching Legal Research To The Google Generation, Ian Gallacher
College of Law - Faculty Scholarship
This article seeks to answer the questions of what students should learn about legal research and who should teach them. It identifies the cultural tension between those who endorse traditional book-based research and those who embrace computer-assisted legal research, looks at the virtues and pitfalls of both approaches, and reflects on some pedagogical strategies the legal research teaching community might adopt in order to help improve law students' ability to conduct effective and efficient legal research.