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Predictably incoherent judgments.
June 1, 2002...
Why didn't the Commission sit down and really go and rationalize this thing
... ? The short answer to that is: We couldn't.... Try listing all the
crimes that there are in rank order of punishable merit.... Then collect
results...
Bounded evaluation: cognition, incoherence, and regulatory policy.(US regulatory agencies)
June 1, 2002... To many observers, the words "predictably incoherent" describe well the fragmented network of rules and regulatory institutions that has grown up in the United States over the last century. (1) Hundreds of federal agencies collectively publish...
Reconciling experimental incoherence with real-world coherence in punitive damages.
June 1, 2002... Few complaints about a legal system resonate louder than charges of incoherence. (1) A system that fails to treat similarly situated parties equally cannot be squared with fundamental notions of fairness and justice. (2) Incoherence...
Problematic perhaps, but not irrational.(response to Cass R. Sunstein, Daniel Kahneman, David Schkade and Ilana Ritov in this issue, p. 1153)
June 1, 2002... I. INTRODUCTION
Predictably Incoherent Judgments (1) is an impressive work: It guides us both to rethink the acceptability of the processes by which we generate legislative punishments, punitive damages, and administrative sanctions and to...
Is incoherence outrageous?
June 1, 2002... For their valuable comments, we are most grateful to Cary Coglianese, (1) Mark Kelman, (2) and the team of Theodore Eisenberg, Jeffrey Rachlinski, and Martin Wells (hereafter ER&W). (3) ER&W offer a great deal of information about the real...
Article 36 of the Vienna Convention on Consular Relations: private enforcement in American courts after LaGrand.
June 1, 2002... INTRODUCTION
On June 27, 2001, the International Court of Justice (ICJ) held in the case of Germany v. United States of America (LaGrand) that Article 36 of the Vienna Convention on Consular Relations ("VCCR") affords an individually...
Uncertain justice: liability of multinationals under the Alien Tort Claims Act.
June 1, 2002... INTRODUCTION
On August 31, 2000, a federal district court judge in California handed down a decision that disposed of a potentially groundbreaking human rights case. (1) In Doe v. Unocal Corp., (2) Judge Ronald S.W. Lew granted defendant...
In the Interests of Justice: Reforming the Legal Profession.(Book Review)
June 1, 2002... By Deborah L. Rhode. New York: Oxford University Press, 2000. xi + 272 pp. $27.50. ([dagger])
Introduction
This collection of seven comments inspired by Deborah Rhode's recent book, In the Interests of Justice: Reforming the Legal...
In the Interests of Justice: Reforming the Legal Profession.(Book Review)
June 1, 2002... INTRODUCTION
Deborah Rhode is a highly acclaimed scholar and a distinguished public servant. (1) Prolific in both academic scholarship and popular commentary, she is the author of numerous books, articles, and essays on the law and the...
In the Interests of Justice: Reforming the Legal Profession.(Book Review)
June 1, 2002... In this essay, we explore some of the problems that billing poses for lawyers in practice and in the academy. As our title "teaching billing" suggests, we believe that, although billing is a central practice of lawyers, it receives little...
In the Interests of Justice: Reforming the Legal Profession.(Book Review)
June 1, 2002... Reading Deborah Rhode's book on the legal profession is a profoundly depressing experience. This is precisely because of the book's understatement. Unlike many of the recent jeremiads lamenting the fall of the profession from a golden age of...
Interests of Justice: Reforming the Legal Profession.(Book Review)
June 1, 2002... In her new book, In the Interests of Justice: Reforming the Legal Profession, Deborah Rhode applies her trademark lucidity and good sense to what she describes as the "conventional wisdom" that today's legal profession is "lost," "betrayed,"...
In the Interests of Justice: Reforming the Legal Profession.(Book Review)
June 1, 2002...
An article in the New York Times on May 29, 2001 began as follows:
A federal program to protect patients from incompetent doctors is failing
because health maintenance organizations and hospitals rarely report those
doctors...
Pockets of professionalism.
June 1, 2002... Yet another professional scandal has hit the front pages these days. This time around, accountants and lawyers are both caught in the maelstrom. Accountants, motivated by interest in substantial consulting fees, are alleged to have...
In the Interests of Justice: Reforming the Legal Profession.(Book Review)
June 1, 2002... Who shall speak for the people?
Who has the answers?
Where is the sure interpreter?
Who knows what to say?
Carl Sandburg (1)
Lamentations about the current state of the legal profession abound. (2) There is no shortage of...
The profession and the public interest.(American lawyers)
June 1, 2002... It is an honor to join a dialogue with colleagues whose work has been so central to issues of legal ethics and social justice. This brief essay cannot do justice to the scope of their contributions here or in other forums. My aim is simply to...