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Now showing items 1-10 of 23
The Availability Heuristic, Intuitive Cost-Benefit Analysis, and Climate Change
(Springer Verlag, 2006)
Because risks are on all sides of social situations, it is not possible to be “precautionary” in general. The availability heuristic ensures that some risks stand out as particularly salient, whatever their actual magnitude. ...
Boundedly Rational Borrowing
(University of Chicago Press, 2006)
Excessive borrowing, no less than insufficient savings, might be a product of bounded rationality. Identifiable psychological mechanisms are likely to contribute to excessive borrowing; these include myopia, procrastination, ...
Irreversible and Catastrophic
(Cornell Law Review, 2006)
As many treaties and statutes emphasize, some risks are distinctive in the sense that they are potentially irreversible or catastrophic; for such risks, it is sensible to take extra precautions. When a harm is irreversible, ...
Costing Mead
(Yale Law School, 2006)
Misfearing: A Reply
(Harvard University, Harvard Law School, 2006)
Human beings are prone to "misfearing": Sometimes they are fearful in the absence of significant danger, and sometimes they neglect serious risks. Misfearing is a product of bounded rationality, and it produces serious ...
Burkean Minimalism
(Michigan Law Review, 2006)
Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an ...
Irreversible and Catastrophic: Global Warming, Terrorism, and Other Problems
(Pace University School of Law, 2006)
As many treaties and statutes emphasize, some risks are distinctive in the sense that they are potentially irreversible or catastrophic; for such risks, it is sensible to take extra precautions. When a harm is irreversible, ...
Deterring Murder: A Reply
(Stanford Law School, 2006)
Chevron Step Zero
(Virginia Law Review Association, 2006)
The most famous case in administrative law, Chevron U.S.A. v. Natural Resources Defense Council, Inc., has come to be seen as a counter-Marbury, or even a McCulloch v. Maryland, for the administrative state. But in the ...
The Law of Implicit Bias
(California Law Review Inc., 2006)
Considerable attention has been given to the Implicit Association Test (IAT), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a ...