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Analysis



Dispute Resolution Journal - Vol. 63 Nbr. 1, February 2008

The Value of Economics Analysis in Preparing for Mediation

This article discusses economic decision analysis as a tool to assist practitioners and their clients in preparing to negotiate or mediate. Of course, an economic analysis is only as good as the legal and factual analysis upon which it is built. It should show the legal remedies allowed by law and the facts supporting them. A sound economic analysis will get a party beyond the simple conclusion that it has a "good case" because there is some chance of a high or low award. Decision makers are ...

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Texas Law Review - Vol. 84 Nbr. 4, March 2006

H.L.A. Hart and the Methodology of Jurisprudence

A Life of H.L.A. Hart: The Nightmare and the Noble Dream, by Nicola Lacey, is reviewed.

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This article develops normative and doctrinal innovations to cope with a pivotal yet undertheorized question in most proposed class actions: assuming that a class has adequate representatives, how much variance among class members' circumstances should courts tolerate? Class actions seeking monetary damages would be much less controversial if the factual circumstances of every class member were exactly alike. The article defines and explores three phenomena that create such distortions: cherr...

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Journal of Real Estate Portfolio Management - Vol. 14 Nbr. 1, January 2008

Financing Costs and Npv Analysis in Finance and Real Estate

Business students majoring in real estate encounter seemingly contradictory treatment of financing costs in net present value (NPV) analysis between the finance and real estate disciplines. This study examines the difference in the treatment of financing costs between finance and real estate textbooks, reconciles the difference, and recommends that real estate textbooks explicitly address this issue to minimize students' confusion and to give them a better understanding of NPV analysis.

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Understanding the relationship between politics and administration is critical for the field of public administration. This understanding has been obscured, however, by inappropriate emphasis on dichotomy as a central organizing concept. Although it is typically rejected as a normative and empirical guide, Patrick Overeem has attempted to restore the concept by reducing its scope to the mutual non-interference in the selection of counterpart officials and the exclusion of administrators from ...

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Creating institutions that foster the production of objective and balanced policy analysis is a challenging task for all types of regimes. The value of neutral competence often suffers in tradeoffs with the value of responsiveness, especially in the exercise of executive authority. Institutional designers, however, are not without resources for structuring arrangements to promote the production of objective and balanced policy analysis: organizations can be created with an incentive to achiev...

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Law Enforcement Technology - Vol. 32 Nbr. 2, February 2005

Getting Down and Dirty

... Analysis of soil samples taken from vehicles can pinpoint ...... Soil analysis Lab analysts should separately examine evidence ......" Laboratory analysis groups these materials in several ways. While ...

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Texas Law Review - Vol. 85 Nbr. 1, November 2006

The Ninth Amendment: It Means What It Says

Although the Ninth Amendment appears on its face to protect unenumerated individual rights of the same sort as those that were enumerated in the Bill of Rights, courts and scholars have long deprived it of any relevance to constitutional adjudication. With the growing interest in originalist methods of interpretation since the 1980s, however, this situation has changed. In the past twenty years, five originalist models of the Ninth Amendment have been propounded by scholars: the state law rig...

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Journal of Legal, Ethical and Regulatory Issues - Vol. 5 Nbr. 1, January 2002

Letter from the editors.

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Journal of Legal, Ethical and Regulatory Issues - Vol. 6 Nbr. 2, July 2003

Letter from the editors.

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