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Articles 631 - 660 of 13266
Full-Text Articles in Law
Proposition 11: Redistricting. Initiative Constitutional Amendment And Statute., Jeffery Grant, Luke Vanderwagen
Proposition 11: Redistricting. Initiative Constitutional Amendment And Statute., Jeffery Grant, Luke Vanderwagen
California Initiative Review (CIR)
No abstract provided.
Adjusting Alienabillity, Lee Anne Fennell
Adjusting Alienabillity, Lee Anne Fennell
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Behavioral Criminal Law And Economics, Richard H. Mcadams, Thomas S. Ulen
Behavioral Criminal Law And Economics, Richard H. Mcadams, Thomas S. Ulen
Coase-Sandor Working Paper Series in Law and Economics
A behavioral economics literature identifies how behaviorally-derived assumptions affect the economic analysis of criminal law and public law enforcement. We review and extend that literature. Specifically, we consider the effect of cognitive biases, prospect theory, hedonic adaptation, hyperbolic discounting, fairness preferences, and other deviations from standard economic assumptions on the optimal rules for deterring potential offenders and for regulating (or motivating) potential crime victims, legislators, police, prosecutors, judges, and juries.
Crisis Governance In The Administrative State: 9/11 And The Financial Meltdown Of 2008, Eric A. Posner, Adrian Vermeule
Crisis Governance In The Administrative State: 9/11 And The Financial Meltdown Of 2008, Eric A. Posner, Adrian Vermeule
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Guarding The Guardians: Judicial Councils And Judicial Independence, Nuno Garoupa, Tom Ginsburg
Guarding The Guardians: Judicial Councils And Judicial Independence, Nuno Garoupa, Tom Ginsburg
Coase-Sandor Working Paper Series in Law and Economics
This Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our Article has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we test the extent to which different designs of judicial council affect judicial quality. We find that there is little relationship between councils and quality. We also offer a positive explanation for …
Judging National Security Post-9/11: An Empirical Investigation, Cass R. Sunstein
Judging National Security Post-9/11: An Empirical Investigation, Cass R. Sunstein
Coase-Sandor Working Paper Series in Law and Economics
Many people believe that when national security is threatened, federal courts should defer to the government. Many other people believe that in times of crisis, citizens are vulnerable to a kind of "panic" that leads to unjustified intrusions on liberty. But to date, there is little information about what federal courts have actually done in this domain, especially in the period after the attacks of September 11, 2001. On the basis of a comprehensive study of relevant courts of appeals decisions in the aftermath of those attacks, this essay offers four findings. First, the invalidation rate is about 15 percent …
Legal Beagle Blog (November 2008), Roger Williams University School Of Law Library
Legal Beagle Blog (November 2008), Roger Williams University School Of Law Library
Law Library Newsletters/Blog
No abstract provided.
Icworld: An Mmog-Based Approach To Analysis, Kimberly Gill, David Rolston, Wyatt Wong, Robert Pietrusko
Icworld: An Mmog-Based Approach To Analysis, Kimberly Gill, David Rolston, Wyatt Wong, Robert Pietrusko
Journal of Strategic Security
Intelligence analysts routinely work with "wicked" problems—critical,time-sensitive problems where analytical errors can lead to catastrophic consequences for the nation's security. In the analyst's world, important decisions are often made quickly, and are made based on consuming, understanding, and piecing together enormous volumes of data. The data is not only voluminous, but often fragmented, subjective, inaccurate and fluid.Why does multi-player on-line gaming (MMOG) technology matter to the IC? Fundamentally, there are two reasons. The first is technological: stripping away the gamelike content, MMOGs are dynamic systems that represent a physical world, where users are presented with (virtual) life-and-death challenges that can …
Strategic Security As A New Academic Discipline, Sheldon Greaves, Ph.D
Strategic Security As A New Academic Discipline, Sheldon Greaves, Ph.D
Journal of Strategic Security
The creation of Henley-Putnam University was an effort to create an academic institution for the purpose of offering degree programs in intelligence management, counterterrorism, and personal protection; subjects that arguably did not exist as academic disciplines when the school was conceived. The experience of two of the co-founders of the school, Nirmalya Bhowmick and Dr. Michael Corcoran, indicated that the training of officers tasked with vital security and intelligence work was carried out by partnering young officers with a training officer to help the new officer learn on the job. The effectiveness of this training depended to a great extent …
The Morality Of Immigration Policy, Peter H. Schuck
The Morality Of Immigration Policy, Peter H. Schuck
San Diego Law Review
In Part I, I discuss five kinds of deontological arguments that a moralist might advance in debating the ideal nature of our immigration policy. In Part II, I take a more instrumentalist-consequentialist approach to immigration policy analysis. Before doing so, however, I briefly note some of the familiar methodological and cognitive limitations of applying this approach to complex public policy issues of this kind, limitations that remind us of the irreducible importance of normative considerations and judgments to such policy assessments. I then go on to identify the three main sets of empirical controversies that figure most prominently in immigration …
Four-Factor Disaster: Courts Should Abandon The Circuit Test For Distinguishing Government Speech From Private Speech, Lilia Lim
Washington Law Review
A recent addition to First Amendment jurisprudence, the government-speech doctrine was developed by the Supreme Court to insulate government speech from certain First Amendment challenges. Broadly, the doctrine rests on the notion that when the government speaks for itself, it may say what it wishes. Recently, government entities facing claims of viewpoint discrimination against speech have asserted a government-speech defense, claiming that their viewpoint-based actions were justifiable because they were not regulating private speech but speaking for themselves. Several federal courts deciding these cases have applied a circuit-developed, four-factor test to determine whether the speech at issue was private speech …
Professional Responsibility, James M. Mccauley
Professional Responsibility, James M. Mccauley
University of Richmond Law Review
No abstract provided.
Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase
Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase
University of Richmond Law Review
No abstract provided.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
No abstract provided.
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
University of Richmond Law Review
No abstract provided.
The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii
The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii
University of Richmond Law Review
No abstract provided.
Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr.
Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr.
University of Richmond Law Review
No abstract provided.
Public Utility Law, Brian R. Greene, Katharine A. Hart
Public Utility Law, Brian R. Greene, Katharine A. Hart
University of Richmond Law Review
No abstract provided.
Professional Development: Your Key To Success And Satisfaction, Sandee Magliozzi, Susan P. Beneville
Professional Development: Your Key To Success And Satisfaction, Sandee Magliozzi, Susan P. Beneville
Faculty Publications
No abstract provided.
The Uncertain Future Of Legal Reform In China, Stanley B. Lubman
The Uncertain Future Of Legal Reform In China, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
This talk looks at how far Chinese law reform has come since 1979, possible further reforms, and obstacles to meaningful reform.
Nothing Improper? Examining Constitutional Limits, Congressional Action, Partisan Motivation, And Pretextual Justification In The U. S. Attorney Removals, David C. Weiss
Michigan Law Review
The forced mid-term resignations of nine U.S. Attorneys was an unprecedented event in American history. Nearly one year after the administration executed the removals, the House Judiciary Committee was still reviewing and publicizing emails, memoranda, and other documents in an effort to understand how the firings were effectuated. This Note examines many of those documents and concludes that the removals were likely carried out for partisan reasons. It then draws on the Constitution, Supreme Court precedent, and separation of powers principles to argue that Congress is constitutionally empowered to enact removal limitations for inferior officers such as U.S. Attorneys so …
Are Artificial Tans The New Cigarette? How Plaintiffs Can Use The Lessons Of Tobacco Litigation In Bringing Claims Against The Indoor Tanning Industry, Andrea Y. Loh
Michigan Law Review
Indoor tanning salons have grown significantly in popularity during recent years. Scientific research has revealed a strong link between skin cancer and ultraviolet light exposure from indoor tanning lamps. Despite such dangers, federal regulations place minimal restrictions on the labeling of indoor tanning lamps. Indoor tanning salons work vigorously to dispel notions of a link to skin cancer, often falsely promoting various health benefits of indoor tanning. The first lawsuit for injuries resulting from indoor tanning was recently filed against an indoor tanning salon, and other such litigation is poised to follow. This Note examines three potential tort claims against …
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz
Michigan Law Review
This Article examines whether U.S. district court judges improve their skills at patent claim construction with experience, including the experience of having their own cases reviewed by the Court of Appeals for the Federal Circuit. In theory, higher courts teach doctrine to lower courts via judicial decisions, and lower courts learn from these decisions. This Article tests the teaching-and-learning premise on the issue of claim construction in the realities of patent litigation. While others have shown that the Federal Circuit reverses a large percentage of lower court claim constructions, no one has analyzed whether judges with more claim construction appeal …
Victims’ Rights In An Adversary System, Erin C. Blondel
Victims’ Rights In An Adversary System, Erin C. Blondel
Duke Law Journal
The victims' rights movement argues that because the outcome of criminal prosecutions affects crime victims, the justice system should consider their interests during proceedings. In 2004, Congress passed the Crime Victims' Rights Act (CVRA), giving victims some rights to participate in the federal criminal justice system. This Note probes both the theoretical assumptions and practical implications of the CVRA. It demonstrates that the victims' rights movement revisits a long-acknowledged tension between adversary adjudication and third-party interests. It shows, however, that American law has resolved this tension by conferring party or quasi-party status on third parties. Despite some pro-victims rhetoric, Congress …
Foreword, Margaret E. Mcguinness
Foreword, Margaret E. Mcguinness
Missouri Law Review
Columbia, Missouri is a fitting venue at which to continue the conversation about Missouri v. Holland and explore the intersection of law-making at the international, national and sub-national levels. This symposium revisits the debate over national and local control over foreign affairs and brings together the constitutional doctrinal discussion and accounts of the globalization of regulation that consider the complexity of influences operating within and between multiple systems of law. Both the factual background of Holland (primarily a case about environmental regulation) and the doctrinal context in which it arose (a Supreme Court poised to move toward constitutional endorsement of …
Putting Missouri V. Holland On The Map, Edward T. Swaine
Putting Missouri V. Holland On The Map, Edward T. Swaine
Missouri Law Review
While I can think of no fitter setting for a symposium on this important topic, it must be admitted that geographically speaking, Missouri v. Holland disappoints. One thrills to the prospect of a divisive dispute between the State of Missouri and a province of the Netherlands - perhaps a sub-national compact on flood control gone sour? It quickly becomes apparent, though, that "Holland" is merely a lower-level federal official. And Missouri's particulars play a limited role in the case, as suggested by the fact that Kansas came to its side in the Supreme Court proceedings. Those who are not students …
What Story Got Wrong - Federalism, Localist Opportunism And International Law, Paul B. Stephan
What Story Got Wrong - Federalism, Localist Opportunism And International Law, Paul B. Stephan
Missouri Law Review
I first explain the theoretical underpinning of the argument against the inevitability of localist opportunism. I then illustrate the general theory with three examples where the international obligations of the United States can be met without the strong federal supervision that Story deemed necessary and that latter-day nationalists embrace. I first discuss the body of law that was the subject of Swift v. Tyson, namely the rules governing negotiable instruments. Story thought that developing a federal common law was necessary to thwart idiosyncratic, and presumably opportunistic, state decisions. Yet both before and after the overthrow of Swift v. Tyson in …
Elusive Foreign Compact, The, Duncan B. Hollis
Elusive Foreign Compact, The, Duncan B. Hollis
Missouri Law Review
Missouri v. Holland marks one of the great rivalries of foreign affairs law, with Missouri and the federal government squaring off over states' rights limitations on the federal government's treaty-making power.' But the rivalry did not end with that case. Recently, Missouri and the federal government opened a new chapter in their feud over state and federal powers in foreign affairs. This time, however, the constitutional challenge involved an international agreement made by Missouri, not the federal government
Does It Make A Difference - Granting Public Employees The Right To Collectively Bargain, Amanda Stogsdill
Does It Make A Difference - Granting Public Employees The Right To Collectively Bargain, Amanda Stogsdill
Missouri Law Review
In Independence-National Education Ass'n v. Independence School District, the Missouri Supreme Court granted public employees the right to collectively bargain. This holding breathed new life into an argument more than sixty years old: that the Missouri Constitution grants both public and private sector employees the right to collectively bargain. However, a close reading of this seemingly landmark case shows that Missouri's highest court smothered the numerous possibilities afforded by this holding before they could be tested by both public employers and public employees. This Note will argue that the Missouri Supreme Court's holding was unnecessary and affords no new rights …
First Amendment And Specialty License Plates: The Choose Life Controversy, The, Stephanie S. Bell
First Amendment And Specialty License Plates: The Choose Life Controversy, The, Stephanie S. Bell
Missouri Law Review
This summary will examine the models of specialty license plate creation, the history of "Choose Life" specialty license plates, the litigation surrounding the controversy, and the two differing standards courts have used to distinguish government and private speech: the Fourth Circuit's four-factor test and the Johanns test.