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Masthead, Volume 7, Number 1, 2008, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Seven, Issue Number One.

The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson

The University of New Hampshire Law Review

[Excerpt] “The following article documents the judicial career of Justice David Souter from his time served as an attorney general and state judge in New Hampshire until his recent tenure on the U.S. Supreme Court. Based upon his written opinions and individual votes, Justice Souter clearly has evolved into a more liberal jurist than ideological conservatives would have preferred in the area of criminal justice. Over the course of his judicial career, Justice Souter has gained respect as an intellectual scholar by attempting to completely understand both sides of a dispute and applying precedent and legal rules in a flexible—albeit …

Table Of Contents, Volume 7, Number 1, 2008, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Seven, Issue Number One.

Uncertainty Revisited: Legal Prediction And Legal Postdiction, Ehud Guttel, Alon Harel

Michigan Law Review

Legal scholarship, following rational-choice theory, has traditionally treated uncertainty as a single category. A large body of experimental studies, however, has established that individuals treat guesses concerning the future differently than guesses concerning the past. Even where objective probabilities and payoffs are identical, individuals are much more willing to predict a future event (and are more confident in the accuracy of their predictions) than they are willing to postdict a past event (and are also less confident in the accuracy of their postdiction). For example, individuals are more willing to bet on the results of a future die toss than …

Overreaction To Fearsome Risks, Cass R. Sunstein, Richard Zeckhauser

Coase-Sandor Institute for Law & Economics Research Paper Series

Fearsome risks are those that stimulate strong emotional responses. Such risks, which usually involve high consequences, tend to have low probabilities, since life today is no longer nasty, brutish and short. In the face of a low-probability fearsome risk, people often exaggerate the benefits of preventive, risk-reducing, or ameliorative measures. In both personal life and politics, the result is damaging overreactions to risks. We offer evidence for the phenomenon of probability neglect, failing to distinguish between high and low-probability risks. Action bias is a likely result.

The Many Faces Of Fault In Contract Law: Or How To Do Economics Right, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Modern law often rests on the assumption that a uniform cost/benefit formula is the proper way to determine fault in ordinary contract disputes. This Article disputes that vision by defending the view that different standards of fault are appropriate in different contexts. The central distinction is one that holds parties in gratuitous transactions only to the standard of care that they bring to their own affairs, while insisting on the higher objective standard of ordinary care in commercial transactions. That bifurcation leads to efficient searches. Persons who hold themselves out in particular lines of business in effect warrant their ability …

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Teach A Man: Proactively Battling Food Insecurity By Increasing Access To Local Foods, Christina Fox

Journal of Food Law & Policy

This Chinese proverb has broad application when addressing the issue of food insecurity. It transcends beyond national borders and gender categories. It applies to many men, women, and children who are confronted by food insecurity today in America. Food insecurity is the "limited or uncertain availability of nutritionally adequate and safe foods or the limited or uncertain ability to acquire acceptable foods in socially acceptable ways.

Journal Of Food Law & Policy - Fall 2008, Journal Editors

Journal of Food Law & Policy

No abstract provided.

A Meating Of The Minds: Possible Pitfalls And Benefits Of Certified Organic Livestock Production And The Prodigious Potential Of Brazil, Adam Schlosser

Journal of Food Law & Policy

Certified organic food represents the fastest growing segment of food production in both the United States and throughout the entire world. This article examines the issues and opportunities facing both large and small-scale farmers who wish to engage in organic livestock production. Organic regulations cover everything involved in production, starting with the organic certification process and concluding with slaughter and the subsequent shipping and sale of the end organic product. The final section of this article addresses the unique ability of Brazil - described alternatively as "the world's warehouse" and the "world's [future] source of food" - to increase the …

Saving The Wto From The Risk Of Irrelevance: The Wto Dispute Settlement Mechanism As A Common Good For Rta Disputes, Henry Gao, Chin Leng Lim

Research Collection Yong Pung How School Of Law

Over the past few decades, Regional Trade Agreements (RTAs) have proliferated globally. Such proliferation of RTAs created a renewed sense of urgency for the WTO to take action in order to avoid the fate of being eclipsed into irrelevance. There are several options for coping with the challenge. Theoretically speaking, the best approach would be to heighten the level of ambition in global trade talks to reduce all trade barriers to zero so that the discriminatory effect created by RTAs could be reduced or even eliminated. In reality, such an approach would be impossible for well-known reasons. The next best …

Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff

Cardozo Law Review

The criminal system has an uneasy relationship with information. On the one hand, the criminal process is centrally defined by stringent evidentiary and information rules and a commitment to public transparency. On the other, largely due to the dominance of plea bargaining, criminal liability is determined by all sorts of unregulated, non-public information that never pass through the quality control of evidentiary, discovery, or other criminal procedure restrictions. The result is a process that generates determinations of liability that are often unmoored from systemic information constraints. This phenomenon is exemplified, and intensified, by the widespread use of criminal informants, or …

The Consequences Of Compelled Self-Incrimination In Terrorism Investigations: A Comparison Of American Grand Juries And Canadian Investigative Hearings, Kent Roach

Cardozo Law Review

No abstract provided.

Symposium: The Future Of Self-Incrimination: Fifth Amendment, Confessions, & Guilty Pleas

Cardozo Law Review

No abstract provided.

Theorizing About Self-Incrimination, Ronald J. Allen

Cardozo Law Review

No abstract provided.

Mandatory Arbitration For Customers But Not For Peers: A Study Of Arbitration Clauses In Consumer And Non-Consumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, Emily Sherwin

Cornell Law Faculty Publications

We conducted a study of contractual practices by well-known firms marketing consumer products, comparing the firms' consumer contracts with contracts the same firms negotiated with business peers. The frequency of arbitration clauses in consumer contracts has been studied before, as has the frequency of arbitration clauses in non-consumer contracts. Our study is the first to compare the use of arbitration clauses within firms, in different contractual contexts.

The results are striking: in our sample, mandatory arbitration clauses appeared in more than three-quarters of consumer contracts and less than one tenth of non-consumer contracts (excluding employment contracts) negotiated by the same …

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Reconciling Soccer Authorities And European Union Institutions: Who Is Best Placed To Administer Governance Within The European Soccer Market?, Duncan Mchardy

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A Family Affair: Extending The Right Of Publicity To Protect Celebrity Children, Sara Kimball

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Guilty On All Accounts: Law & Order's Impact On Public Perception Of Law And Order, Kimberlianne Podlas

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Understanding The Free Speech Rights Of Public School Coaches, Alison E. Price

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Warren Spahn's Legal Legacy: The Right To Be Free From False Praise, Ray Yasser

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Asking For It: A Grokster-Based Approach To Internet Sites That Distribute Offensive Content, Zac Locke

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Editorial Board - Vol. 18, No. 1 2008

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Concussions In The National Football League: Jani V. Bert Bell/Pete Rozelle Nfl Player Ret. Plan And A Legal Analysis Of The Nfl's 2007 Concussion Management Guidelines, Jennifer Ann Heiner

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Online Streamers: A No Liability Issue, Justin Talley

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A Realistic Approach To The Obviousness Of Inventions, Daralyn J. Durie, Mark A. Lemley

William & Mary Law Review

No abstract provided.

I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds

William & Mary Law Review

No abstract provided.

The Failure Of Punitive Damages In Employment Discrimination Cases: A Call For Change, Joseph A. Seiner

William & Mary Law Review

Punitive damages were described by one early court as "an unsightly and an unhealthy excrescence." Although views toward punitive relief have changed over the years, the debate over the availability of exemplary damages in the judicial system has remained controversial. No place is that controversy more aptly demonstrated than in employment discrimination law, where punitive damages first became available in an amendment to Title VII of the Civil Rights Act of 1964 after a bitter congressional debate. Almost a decade ago, in Kolstad v. American Dental Association, the Supreme Court provided guidance on how punitive damages should be applied in …

The Development Of The Hypothetical Federal Felony: A Solution To Nonuniformity In Immigration., Audra J. Ferguson-Allen

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.