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Volume 64, Number 1

Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State

Jan. 30, 2011—Goals based on absolute targets, risk, technology, or cost are found throughout the administrative state. “Historic baselines,” points in the past used to ground a policy goal, are just as commonplace, yet remain unexamined. Whether in budgeting or tax, criminal sentencing or environmental protection, historic baselines direct a wide range of agency activities. Their ubiquity...

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The Inauthentic Claim

Jan. 30, 2011—This Article argues that third parties should be able to invest in lawsuits to a much greater degree than is currently permitted in most jurisdictions in the United States. The laws of assignment and maintenance limit the freedom of litigants to sell all or part of their lawsuits to strangers. I argue in the Article...

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The Limited Diagnosticity of Criminal Trials

Jan. 30, 2011—A fundamental function of the criminal trial is to determine the facts correctly in order to distinguish between guilty and innocent defendants, and between strong and weak prosecutions. This Article seeks to answer a simple question: How good is the criminal trial at reaching accurate factual conclusions? The Article applies a body of experimental psychology...

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