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Perception And Decision At The Threshold Of Tort Law: Explaining The Infrequency Of Claims, David M. Engel 2013 University at Buffalo School of Law

Perception And Decision At The Threshold Of Tort Law: Explaining The Infrequency Of Claims, David M. Engel

Journal Articles

Although numerous studies have confirmed that tort victims rarely litigate and that most simply "lump" their losses, we lack an understanding of why this should be so. Why do the vast majority of injured persons choose inaction over action? Explanations relying on rational actor theories on the one hand or cultural determinism on the other have been sharply challenged by recent studies of mind, culture, and cognition, particularly with respect to individual responses to physical trauma and disablement. This article, drawing on a broad interdisciplinary literature dealing with injury victims, proposes a new model of perception and decision by persons …


Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich 2013 Fordham University School of Law

Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich

Faculty Scholarship

The very definition and scope of CLS (critical legal studies) is itself subject to debate. Some scholars characterize CLS as scholarship that employs a particular methodology—more of a “means” than an “end.” On the other hand, some scholars contend that CLS scholarship demonstrates a collective commitment to a political end goal—an emancipation of sorts —through the identification of, and resistance to, exploitative power structures that are reinforced through law and legal institutions. After a brief golden age, CLS scholarship was infamously marginalized in legal academia and its sub-disciplines. But CLS themes now appear to be making a resurgence—at least in …


Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles C. Jalloh 2013 International Criminal Court

Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles C. Jalloh

Articles

This article examines the widely ignored but important issue regarding the provisional arrest and detention of persons suspected of having committed international crimes by international or internationalized courts. The paper examines the pioneer case law and practice of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, as well as the emerging practice of the permanent International Criminal Court, to evaluate how these courts have generally addressed the rights of these individuals to due process and freedom from arbitrary arrest and detention before …


Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave 2013 University of Miami School of Law

Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave

Articles

This Article argues that the Supreme Court's technology jurisprudence can be best understood as protecting the privacy interest of elites. After providing an overview of the major technology cases from Olmstead to Kyllo, the Article focuses on the recent case of United States v Jones. The Article does not contend that the Court intended to protect elites, but instead posits that this motive likely operated at a more unconscious level because of the Justices' greater relative affluence and elevated social position.


Emerging Issues In Media And Communications Law, Craig D. Feiser 2013 University of Florida Levin College of Law

Emerging Issues In Media And Communications Law, Craig D. Feiser

University of Florida Journal of Law & Public Policy

No abstract provided.


A False Choice: Prior Restraint And Subsequent Punishment In A Wikileaks World, Alexander E. Blanchard 2013 University of Florida Levin College of Law

A False Choice: Prior Restraint And Subsequent Punishment In A Wikileaks World, Alexander E. Blanchard

University of Florida Journal of Law & Public Policy

No abstract provided.


Lifting The Dover Ban: The Compromise On Press Access To Fallen Soldiers Returning From War, Jason Zenor 2013 State University of New York-Oswego

Lifting The Dover Ban: The Compromise On Press Access To Fallen Soldiers Returning From War, Jason Zenor

University of Florida Journal of Law & Public Policy

No abstract provided.


The "Friend"Ly Lawyer: Professionalism And Ethical Considerations Of The Use Of Social Networking During Litigation, Nicola A. Boothe-Perry 2013 Florida A & M University College of Law

The "Friend"Ly Lawyer: Professionalism And Ethical Considerations Of The Use Of Social Networking During Litigation, Nicola A. Boothe-Perry

University of Florida Journal of Law & Public Policy

No abstract provided.


Milwaukee Radio Public File Data, 1998-2011: An Empirical Analysis Of Issue Advertising After The Bcra And Citizens United, Christopher Terry, Mitchell Bard 2013 University of Wisconsin Milwaukee

Milwaukee Radio Public File Data, 1998-2011: An Empirical Analysis Of Issue Advertising After The Bcra And Citizens United, Christopher Terry, Mitchell Bard

University of Florida Journal of Law & Public Policy

No abstract provided.


There Is No App For That: The Need For Legal Educators And Practitioners To Comply With Ethical Standards In The Digital Era, Katerina P. Lewinbuk 2013 South Texas College of Law

There Is No App For That: The Need For Legal Educators And Practitioners To Comply With Ethical Standards In The Digital Era, Katerina P. Lewinbuk

University of Florida Journal of Law & Public Policy

No abstract provided.


Speaking Freely On Public Issues: Criminal Suspects As Involuntary Limited-Purpose Public Figures, Daniel Thomas Pesciotta 2013 University of Florida Levin College of Law

Speaking Freely On Public Issues: Criminal Suspects As Involuntary Limited-Purpose Public Figures, Daniel Thomas Pesciotta

University of Florida Journal of Law & Public Policy

No abstract provided.


Exacerbating The Divide: Why The Roberts Court's Recent Same-Sex Jurisprudence Is An Improvident Use Of The Court's Judicial Review Powers, Mohamed Akram Faizer 2013 Lincoln Memorial University Duncan School of Law

Exacerbating The Divide: Why The Roberts Court's Recent Same-Sex Jurisprudence Is An Improvident Use Of The Court's Judicial Review Powers, Mohamed Akram Faizer

University of Florida Journal of Law & Public Policy

No abstract provided.


Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne R. Barnes 2013 Texas A&M University School of Law

Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne R. Barnes

University of Florida Journal of Law & Public Policy

No abstract provided.


Preserving Miami: An Evaluation Of Miami's Transferable Development Rights Program, Alexis Leventhal 2013 University of Florida Levin College of Law

Preserving Miami: An Evaluation Of Miami's Transferable Development Rights Program, Alexis Leventhal

University of Florida Journal of Law & Public Policy

No abstract provided.


Constitional Law: Redefining A "Search" Within The Meaning Of The Fourth Amendment, Vanessa Madrid 2013 University of Florida Levin College of Law

Constitional Law: Redefining A "Search" Within The Meaning Of The Fourth Amendment, Vanessa Madrid

University of Florida Journal of Law & Public Policy

No abstract provided.


Rebooting Shield Laws: Updating Journalist's Priviledge To Reflect The Realities Of Digital Newsgathering, Jason A. Martin, Anthony L. Fargo 2013 DePaul University

Rebooting Shield Laws: Updating Journalist's Priviledge To Reflect The Realities Of Digital Newsgathering, Jason A. Martin, Anthony L. Fargo

University of Florida Journal of Law & Public Policy

No abstract provided.


Freeing The Prop 8 Tape: Perry V. Brown, The Presumption Of Access To Civil Proceedings, And The Preservation Of Judicial Integrity, Andrew A. Proia 2013 University of Florida Levin College of Law

Freeing The Prop 8 Tape: Perry V. Brown, The Presumption Of Access To Civil Proceedings, And The Preservation Of Judicial Integrity, Andrew A. Proia

University of Florida Journal of Law & Public Policy

No abstract provided.


Unenforced Contracts And The Illusion Of Bargaining: The Broken State Of Florida Public Employees' Constitutional Rights, Suzanne Tzuanos 2013 University of Florida Levin College of Law

Unenforced Contracts And The Illusion Of Bargaining: The Broken State Of Florida Public Employees' Constitutional Rights, Suzanne Tzuanos

University of Florida Journal of Law & Public Policy

No abstract provided.


Micro-Symposium On Orin Kerr's 'A Theory Of Law', Laura Appleman, Shawn Bayern, Adam D. Chandler, Robert Cheren, Miriam A. Cherry, Ross E. Davies, Lee Anne Fennell, Paul A. Gowder, Caitlin Hartsell, Kieran Healy, Robert A. James, Jeffrey H. Kahn, Orin S. Kerr, Jacob T. Levy, Jeffrey M. Lipshaw, Orly Lobel, Geoffrey A. Manne, Chad M. Oldfather, Ronak Patel, Jeffrey A. Pojanowski, Alexandra J. Roberts, Kent Scheidegger, Arthur Stock, Anders Walker 2013 Willamette University College of Law

Micro-Symposium On Orin Kerr's 'A Theory Of Law', Laura Appleman, Shawn Bayern, Adam D. Chandler, Robert Cheren, Miriam A. Cherry, Ross E. Davies, Lee Anne Fennell, Paul A. Gowder, Caitlin Hartsell, Kieran Healy, Robert A. James, Jeffrey H. Kahn, Orin S. Kerr, Jacob T. Levy, Jeffrey M. Lipshaw, Orly Lobel, Geoffrey A. Manne, Chad M. Oldfather, Ronak Patel, Jeffrey A. Pojanowski, Alexandra J. Roberts, Kent Scheidegger, Arthur Stock, Anders Walker

All Faculty Scholarship

For more than a century, careful readers of the Green Bag have known that “[t]here is nothing sacred in a theory of law...which has outlived its usefulness or which was radically wrong from the beginning...The question is What is the law and what is the true public policy?” Professor Orin Kerr bravely, creatively, and eloquently answered that question in his article, “A Theory of Law,” in the Autumn 2012 issue of the Green Bag. Uniquely among all theories of law that I know of, Kerr’s answer to the fundamental question of law and true public policy enables all scholars to …


The Psychology Of Competition: A Social Comparison Perspective, Stephen M. Garcia, Avishalom Tor, Tyrone M. Schiff 2013 Notre Dame Law School

The Psychology Of Competition: A Social Comparison Perspective, Stephen M. Garcia, Avishalom Tor, Tyrone M. Schiff

Journal Articles

Social comparison—the tendency to self-evaluate by comparing ourselves to others—is an important source of competitive behavior. We propose a new model that distinguishes between individual and situational factors that increase social comparison and thus lead to a range of competitive attitudes and behavior. Individual factors are those that vary from person to person: the relevance of the performance dimension, the similarity of rivals, and their relationship closeness to the individual, as well as the various individual differences variables relating to social comparison more generally. Situational factors, conversely, are those factors on the social comparison landscape that affect similarly situated individuals: …


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