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Articles 1 - 30 of 40
Full-Text Articles in Public Law and Legal Theory
Tendencies Versus Boundaries: Levels Of Generality In Behavioral Law And Economics, Gregory Mitchell
Tendencies Versus Boundaries: Levels Of Generality In Behavioral Law And Economics, Gregory Mitchell
Vanderbilt Law Review
When evidence on the truth or falsity of a proposition is ambiguous and open to multiple interpretations, psychologists warn about "biased assimilation" of the evidence to support pre-existing theories, beliefs, and attitudes. Therefore, when a skeptic about the public policy implications of psychological research examines the complex mix of evidence on human rationality, he may find much to support his skepticism about the use of psychology to reform the law. Likewise, an optimist about the public policy contributions of psychology may find within this same body of evidence much to bolster his optimistic view that psychological research can be used …
The Logic Of Reciprocity: Trust, Collective Action, And Law, Dan M. Kahan
The Logic Of Reciprocity: Trust, Collective Action, And Law, Dan M. Kahan
Michigan Law Review
The Logic of Collective Action has for decades supplied the logic of public-policy analysis. In this pioneering application of public choice theory, Mancur Olson elegantly punctured the premise - shared by a variety of political theories - that individuals can be expected to act consistently with the interest of the groups to which they belong. Absent externally imposed incentives, wealth-maximizing individuals, he argued, will rarely find it in their interest to contribute to goods that benefit the group as a whole, but rather will "free ride" on the contributions that other group members make. As a result, too few individuals …
Social Security Reform: An Expository Report, Nathan J. Voss
Social Security Reform: An Expository Report, Nathan J. Voss
Honors Capstones
Capstone submitted as a graduation requirement for the BSU Honors Program.
Are Title Vi's Disparate Impact Regulations Valid?, Bradford Mank
Are Title Vi's Disparate Impact Regulations Valid?, Bradford Mank
Faculty Articles and Other Publications
This Essay, however, contends that section 602 disparate impact regulations in Tide VI are valid because Congress has implicitly sanctioned their creation, and explicitly approved them in subsequent related statutes.
Part II of this Essay discusses the legislative history of Tide VI, which suggests that Congress intended to give administrative agencies discretion to define "discrimination" in their Tide VI regulations as prohibiting either intentional conduct or actions having disparate impacts against racial minorities as long as the President approved such rules.
Part III illustrates that five different Congresses have enacted four subsequent related statutes that explicitly incorporate Tide VI disparate …
How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle
How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle
Scholarly Articles in Law Reviews & Journals
INTRODUCTION The Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law …
The Epidemiology Of Critique, Michael Fischl
The Epidemiology Of Critique, Michael Fischl
Faculty Articles and Papers
No abstract provided.
The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright
The Logic And Experience Of Law: Lawrence V. Texas And The Politics Of Privacy, Danaya C. Wright
University of Florida Journal of Law & Public Policy
No abstract provided.
Is "Don't Ask, Don't Tell" Unconstitutional After Lawrence? What It Will Take To Overturn The Policy, Diane H. Mazur
Is "Don't Ask, Don't Tell" Unconstitutional After Lawrence? What It Will Take To Overturn The Policy, Diane H. Mazur
University of Florida Journal of Law & Public Policy
No abstract provided.
Adoptive Families Headed By Gay Or Lesbian Parents: A Threat . . . Or Hidden Resource?, Scott D. Ryan, Scottye Cash
Adoptive Families Headed By Gay Or Lesbian Parents: A Threat . . . Or Hidden Resource?, Scott D. Ryan, Scottye Cash
University of Florida Journal of Law & Public Policy
No abstract provided.
The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell
The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell
Faculty Works
This article examines the lawyer’s role as a public citizen through the lens of the professional responsibility to provide pro bono legal services. It explores the evolution and implications of the American Bar Association’s Model Rule 6.1, which defines pro bono service as a professional obligation rather than a discretionary act of charity. The discussion traces the historical foundations of lawyers’ duties to serve the public, the ethical considerations debated by the ABA’s Ethics 2000 Commission, and the tension between voluntary and mandatory service. The article also highlights the practical role of law firms and professional organizations in fostering a …
The Epidemiology Of Critique, Michael Fischl
The Epidemiology Of Critique, Michael Fischl
Faculty Articles and Papers
No abstract provided.
Judging Reputation: Realism And Common Law In Justice White's Defamation Jurisprudence, John C.P. Goldberg
Judging Reputation: Realism And Common Law In Justice White's Defamation Jurisprudence, John C.P. Goldberg
University of Colorado Law Review
No abstract provided.
When Not To Negotiate: A Negotiation Imperialist Reflects On Appropriate Limits, Robert H. Mnookin
When Not To Negotiate: A Negotiation Imperialist Reflects On Appropriate Limits, Robert H. Mnookin
University of Colorado Law Review
No abstract provided.
Taking Out The Adversary: The Assault On Progressive Public Interest Lawyers, David Luban
Taking Out The Adversary: The Assault On Progressive Public Interest Lawyers, David Luban
Georgetown Law Faculty Publications and Other Works
This Essay concerns laws and doctrines, some very recent, that undermine the capacity of progressive public-interest lawyers to bring cases. It asks a simple-sounding question: how just is the adversary system if one side is not adequately represented in it? And it defends a simple-sounding answer: It is not just at all. As we shall see, however, neither the question nor the answer is quite as simple as it sounds.
Clinical Education At Loyola University Chicago School Of Law: A Tradition In The Making, Henry Rose
Clinical Education At Loyola University Chicago School Of Law: A Tradition In The Making, Henry Rose
Public Interest Law Reporter
No abstract provided.
Loyola's Clinical Faculty: Experience Creating Legal Excellence, Pilr Staff
Loyola's Clinical Faculty: Experience Creating Legal Excellence, Pilr Staff
Public Interest Law Reporter
No abstract provided.
Reconceptualizing Criminal Law Defenses, Victoria Nourse
Reconceptualizing Criminal Law Defenses, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In 1933, one of the leading theorists of the criminal law, Jerome Michael, wrote openly of the criminal law "as an instrument of the state." Today, criminal law is largely allergic to claims of political theory; commentators obsess about theories of deterrence and retribution, and the technical details of model codes and sentencing grids, but rarely speak of institutional effects or political commitments. In this article, the author aims to change that emphasis and to examine the criminal law as a tool for governance. Her approach is explicitly constructive: it accepts the criminal law that we have, places it in …
The Professional Professor, Kent D. Syverud
The Professional Professor, Kent D. Syverud
Vanderbilt Journal of Transnational Law
Welcome to the Vanderbilt Law School and to this happy occasion in which we reflect on the life and career of Jonathan Charney. I say this is a "happy" occasion deliberately. There have been two months and a lot of tears since Jonathan died, and I know for many people here including me the loss is still deeply felt in expected and unexpected ways. But we are celebrating today, and we should be happy as we reflect on the extraordinary career and accomplishments and life of Jonathan Charney.
A Dedication To Chesterfield H. Smith, Scott D. Makar
A Dedication To Chesterfield H. Smith, Scott D. Makar
University of Florida Journal of Law & Public Policy
No abstract provided.
Dedication, Chesterfield H. Smith
Dedication, Chesterfield H. Smith
University of Florida Journal of Law & Public Policy
No abstract provided.
Diversity Matters: Race, Gender, And Ethnicity In Legal Education, Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast
Diversity Matters: Race, Gender, And Ethnicity In Legal Education, Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast
University of Florida Journal of Law & Public Policy
No abstract provided.
Bradley, Breyer, Bush And Beyond: The Legal Realism Of Legal History, Benjamin C. Block
Bradley, Breyer, Bush And Beyond: The Legal Realism Of Legal History, Benjamin C. Block
University of Florida Journal of Law & Public Policy
No abstract provided.
Why Globalization? A Look At Global Capitalism And Its Effects, Larry J. Obhof
Why Globalization? A Look At Global Capitalism And Its Effects, Larry J. Obhof
University of Florida Journal of Law & Public Policy
No abstract provided.
American Anti-Terrorism Planning And Design Strategies: Applications For Florida Growth Management, Comprehensive Planning And Urban Design, Richard H. Schneider
American Anti-Terrorism Planning And Design Strategies: Applications For Florida Growth Management, Comprehensive Planning And Urban Design, Richard H. Schneider
University of Florida Journal of Law & Public Policy
No abstract provided.
Procedural Due Process: Creating A Presumption Of Heightened Protection, Douglas J. Elmore
Procedural Due Process: Creating A Presumption Of Heightened Protection, Douglas J. Elmore
University of Florida Journal of Law & Public Policy
No abstract provided.
Judicial Impartiality And The Regulation Of Judicial Election Campaigns, Ofer Raban
Judicial Impartiality And The Regulation Of Judicial Election Campaigns, Ofer Raban
University of Florida Journal of Law & Public Policy
No abstract provided.
Civil Union Statutes: A Shortcut To Legal Equality For Same-Sex Partners In A Landscape Littered With Defense Of Marriage Acts, Nancy K. Kubasek, Alex Frondorf, Kevin J. Minnick
Civil Union Statutes: A Shortcut To Legal Equality For Same-Sex Partners In A Landscape Littered With Defense Of Marriage Acts, Nancy K. Kubasek, Alex Frondorf, Kevin J. Minnick
University of Florida Journal of Law & Public Policy
No abstract provided.
Florida's Gay Adoption Ban: What Do Floridians Think?, Scott D. Ryan, Laura Bedard, Marc Gertz
Florida's Gay Adoption Ban: What Do Floridians Think?, Scott D. Ryan, Laura Bedard, Marc Gertz
University of Florida Journal of Law & Public Policy
No abstract provided.
Captive-Bred Exceptions: An Unconventional Approach To Conservation Under The Federal Endangered Species Act, Stephen M. Fernandez
Captive-Bred Exceptions: An Unconventional Approach To Conservation Under The Federal Endangered Species Act, Stephen M. Fernandez
University of Florida Journal of Law & Public Policy
No abstract provided.
Law And Morality In Evolutionary Competition (And Why Morality Loses), Colin P.A. Jones
Law And Morality In Evolutionary Competition (And Why Morality Loses), Colin P.A. Jones
University of Florida Journal of Law & Public Policy
No abstract provided.