Stanford Law Review最新文献_第6页

Genomics and toxic torts: dismantling the risk-injury divide. 基因组学和有毒侵权:消除风险-伤害鸿沟。

IF 4.9 1区社会学

Stanford Law Review Pub Date : 2007-04-01

Jamie A Grodsky

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引用次数: 0

Immunity for immunizations: tort liability, biodefense, and Bioshield II. 免疫免疫:侵权责任、生物防御和生物盾II。

IF 4.9 1区社会学

Stanford Law Review Pub Date : 2007-04-01

Lincoln Mayer

引用次数: 0

Taking Compensation Private 将薪酬私有化

IF 4.9 1区社会学

Stanford Law Review Pub Date : 2007-02-01 DOI: 10.2139/SSRN.806164

Abraham Bell, Gideon Parchomovsky

{"title":"Taking Compensation Private","authors":"Abraham Bell, Gideon Parchomovsky","doi":"10.2139/SSRN.806164","DOIUrl":"https://doi.org/10.2139/SSRN.806164","url":null,"abstract":"In light of the expansive interpretation of the \u001cpublic use\u001d requirement, the payment of \u001cjust compensation\u001d remains the only meaningful limit on the government's eminent domain power and, correspondingly, the only safeguard of private property owners' rights against abusive takings. Yet, the current compensation regime is suboptimal. While both efficiency and fairness require paying full compensation for seizures by eminent domain, current law limits the compensation to market value. Despite the virtual consensus about the inadequacy of market compensation, courts adhere to it for a purely practical reason: there is no way to measure the true subjective value of property to its owner. Subjective value is neither observable nor verifiable to third parties and courts cannot rely upon owners' reports of the value they attach to their properties. To date, the challenge of screening truthful from exaggerated evaluation has proven insurmountable.This Article solves the undercompensation conundrum. It offers a novel self-assessment mechanism that enables the payment of full compensation at subjective value when private property is taken by eminent domain. Under the proposed mechanism, property owners would get to set the price of the property designated for condemnation. The government could then either take the property at the designated price, or abstain, leaving the property subject to two new proposed restrictions. First, for the life of the owner, the property could not be sold for less than the self-assessed price, adjusted on the basis of the local housing price index. Second, the self-assessed price - discounted to take account of the peculiarities of property tax assessments - would become the new benchmark for the owner's property tax liability. The Article shows that under most conditions, these restrictions will induce honest reporting by owners, while reducing the transaction costs created by the compensation process. The result is a dramatically more efficient law of eminent domain that is also far more respectful of private property rights.","PeriodicalId":51386,"journal":{"name":"Stanford Law Review","volume":"59 1","pages":"871"},"PeriodicalIF":4.9,"publicationDate":"2007-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67833624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 29

If People Would Be Outraged by Their Rulings, Should Judges Care? 如果人们对他们的裁决感到愤怒，法官应该在意吗?

IF 4.9 1区社会学

Stanford Law Review Pub Date : 2007-02-01 DOI: 10.2139/SSRN.965581

C. Sunstein

{"title":"If People Would Be Outraged by Their Rulings, Should Judges Care?","authors":"C. Sunstein","doi":"10.2139/SSRN.965581","DOIUrl":"https://doi.org/10.2139/SSRN.965581","url":null,"abstract":"At first glance, it is puzzling to suggest that courts should care whether the public would be outraged by their decisions; judicial anticipation of public outrage and its effects seems incompatible with judicial independence. Nonetheless, judges might be affected by the prospect of outrage for both consequentialist and epistemic reasons. If a judicial ruling would undermine the cause it is meant to promote or impose serious social harms, judges have reason to hesitate on consequentialist grounds. The prospect of public outrage might also suggest that the Court's ruling would be incorrect on the merits; if most people disagree with the Court's decision, perhaps the Court is wrong. Those who adopt a method on consequentialist grounds are more likely to want to consider outrage than are those who adopt an interpretive method on nonconsequentialist grounds (including some originalists). The epistemic argument for attention to outrage is greatly weakened if people suffer from a systematic bias or if the public view is a product of an informational, moral, or legal cascade. There is also a strong argument for banning consideration of the effects of public outrage on rule-consequentialist grounds. Judges might be poorly suited to make the relevant inquiries, and consideration of outrage might produce undue timidity. These points have general implications for those who favor popular constitutionalism, or judicial restraint, on democratic grounds. An understanding of the consequentialist and epistemic grounds for judicial attention to public outrage also offers lessons for the decisions of other public officials, including presidents, governors, and mayors, who might be inclined to make decisions that will produce public outrage.","PeriodicalId":51386,"journal":{"name":"Stanford Law Review","volume":"60 1","pages":"155"},"PeriodicalIF":4.9,"publicationDate":"2007-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67913288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 174

Should We Have Lay Justices 我们应该有外行法官吗

IF 4.9 1区社会学

Stanford Law Review Pub Date : 2006-11-01 DOI: 10.2139/SSRN.943369

Adrian Vermeule

引用次数: 13

The case against blanket First Amendment protection of scientific research: articulating a more limited scope of protection. 反对第一修正案对科学研究的全面保护的案例:阐明一个更有限的保护范围。

IF 4.9 1区社会学

Stanford Law Review Pub Date : 2006-10-01

Steve Keane

引用次数: 0

Less Stigma or More Financial Distress: An Empirical Analysis of the Extraordinary Increase in Bankruptcy Filings 更少的污名或更多的财务困境:破产申请异常增长的实证分析