Now showing items 1-5 of 5
Valuing Life: A Plea for Disaggregation
(Duke University School of Law, 2004)
Each government agency uses a uniform figure to measure the value of a statistical life (VSL). This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant ...
Minimalism at War
When national security conflicts with individual liberty, reviewing courts might adopt one of three general orientations: National Security Maximalism, Liberty Maximalism, and minimalism. National Security Maximalism calls ...
Market Efficiency and Rationality: The Peculiar Case of Baseball
(Michigan Law Review, 2004)
Fear and Liberty
(New School for Social Research, 2004)
Black on Brown
The most important and illuminating early writing on Brown v. Bd. of Education is a nine-page essay by Charles Black. Black memorably shows that segregation was a crucial part of a racial caste system. At the same time, ...