Now showing items 21-30 of 768
An Agency Costs Theory of Trust Law
(Cornell Law Review, 2004)
The Good Occupation? Law in the Allied Occupation of Japan
They left Japan in shambles. By the time they surrendered in 1945, Japan’s military leaders had slashed industrial production to 1930 levels. Not so with the American occupiers. By the time they left in 1952, they had ...
Seeing Tort Law From the Internal Point of View: Holmes and Hart on Legal Duties
(Fordham Law Review, 2006)
Statistics, Not Memories: What Was the Standard of Care for Administering Antenatal Steroids to Women in Preterm Labor between 1985 and 2000?
We determined the frequency of antenatal corticosteroid use for mothers with threatened premature delivery in 1985, 1990, 1995, and 2000. We next compared published data to the surveyed recollections of 302 obstetricians ...
"There Have to Be Four"
(University of Maryland, 2005)
The Facts About Unwritten Constitutionalism: A Response to Professor Rubenfeld
(Duke University School of Law, 2001)
Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs
Recent evidence suggests that capital punishment may have a significant deterrent effect, preventing as many eighteen or more murders for each execution. This evidence greatly unsettles moral objections to the death penalty, ...
Justice Breyer's Democratic Pragmatism
There have been many efforts to reconcile judicial review with democratic self-government. Some such efforts attempt to justify judicial review if and to the extent that it promotes self-rule. Active Liberty, by Justice ...
Two Conceptions of Irreversible Environmental Harm
The concept of "irreversibility" plays a large role in the theory and practice of environmental protection. Indeed, the concept is explicit in some statements of the Precautionary Principle. But the idea of irreversibility ...