Numeracy and Legal Decision Making

Arden Rowell & Jessica Bregant. This Article presents an empirical study of how numeracy—or math skill—relates to legal decision making. We describe three findings. First, the study shows a surprisingly high level of math skill among law students, especially given the common folk wisdom that lawyers are bad at math. Second, although prior research in non-legal contexts has shown that people with low numeracy are particularly susceptible to cognitive bias, we detect no significant relationship between law students’ math skills and their susceptibility to bias or framing effects. Finally, and perhaps most strikingly, our findings show that the substance of…
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How Affidavit of Merit Requirements are Ruining Arizona’s Medical Liability System

Mary Markle. The purpose of the civil justice system is to compensate those who were wrongfully injured and deter unreasonably risky behavior. More specifically, tort claims for medical malpractice aim to compensate patients who are injured due to negligent care and improve health care by deterring doctors from engaging in negligent care in the future. Despite these noble goals, the medical malpractice legal regime has come under attack in recent years. Opponents of the system claim medical malpractice cases are to blame for skyrocketing health care costs and a shortage of physicians. In response to these accusations, many state legislatures—including Arizona’s—have passed…
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Principled Prevention

Timothy F. Malloy. Is an ounce of prevention really worth a pound of cure when it comes to the regulation of chemicals? If you believe the aspirational statements of legislators, regulators, public health scientists and others, the answer is a definite “yes.” Yet when you look at the structure of regulatory programs and actual practices on the ground, that ounce is hard to find. Chemical policy in the United States essentially relegates prevention of chemical exposures to voluntary programs and initiatives. Mainstream regulation focuses instead on managing exposures, largely relying on control technologies to capture or destroy emissions and discharges…
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Whose Sovereignty? Tribal Citizenship, Federal Indian Law, and Globalization

Stacy L. Leeds & Erin S. Shirl. This Article is adapted from a speech given by Stacy Leeds at the Sixth Annual Canby Lecture Series held at Arizona State University’s Sandra Day O’Connor College of Law. Stacy Leeds is the Dean of the University of Arkansas Law School, which recently launched a new Indigenous Food and Agriculture Initiative to complement their long-standing LL.M. Program in Agricultural and Food Law. In her presentation, Dean Leeds draws on her experience both as an Indian Law professor and tribal judge to reflect on how tribal governments are viewed from the outside and how…
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What’s Age Got to Do With It? Supreme Court Appointees and the Long Run Location of the Supreme Court Median Justice

Jonathan N. Katz & Matthew L. Spitzer. For approximately the past forty years, Republican Presidents have appointed younger Justices than have Democratic Presidents. Depending on how one does the accounting, the average age difference will vary, but will not go away. This Article posits that Republicans appointing younger justices than Democrats may have caused a rightward shift in the Supreme Court. We use computer simulations to show that if the trend continues the rightward shift will likely increase. We also produce some very rough estimates of the size of the ideological shift, contingent on the size of the age differential.…
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Why Serve Your Country When You Can Lie About It?–This Message Brought to You by the United States Supreme Court

William D. Hathaway. “The [Medal of Honor] is the highest and most prestigious U.S. military medal.” The criteria for awarding the Congressional Medal of Honor are strict and similar to the standard that must be met by a prosecutor’s evidence in a criminal proceeding. Military honors have a long history of being conferred to individuals who distinguish themselves from the ranks. In America, the first honor of this type was established by General George Washington, who proclaimed in his general order that “[s]hould any who are not entitled to these honors have the insolence to assume the badges of them, they shall…
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Regulators as Market-Makers: Accountable Care Organizations and Competition Policy

Thomas L. Greaney. Of the many elements animating structural change under health reform, Accountable Care Organizations (ACOs) have drawn the greatest attention. Supported by scholarship from health policy experts and positioned as the Affordable Care Act’s centerpiece for systemic reform, the concept came to represent a potential cure-all for the disorders plaguing American health care. While the program, entitled the Medicare Shared Savings Program (MSSP), focuses on Medicare payment policy, its objectives extend much farther. The ACO strategy entails regulatory interventions that at once aim to reshape the health care delivery system, improve outcomes, promote adoption of evidence-based medicine and…
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What the QSA Means for the Salton Sea: California’s Big Blank Check

Timothy N. Forsman. The taming of the American West, and the utilization of its great rivers, led to an era of unparalleled prosperity and growth for the Nation. However, the era of the endless frontier has long since passed, and today, conflicts over vital water rights in the West continue to intensify. Because river systems cannot furnish an unlimited supply, demand will eventually outpace supply. The first casualties of a growing water shortage are already emerging, and the Salton Sea (“the Sea”) is among the first to bear the brunt of this shortage. Without further intervention, the Sea will become one…
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Federal Environmental Laws Affecting Real Estate: A Review of Clean Water Act Section 404, the Endangered Species Act, the National Environmental Policy Act, and Section 106 of the National Historic Preservation Act

Robert D. Anderson, Norm James, Dawn Meidinger & Greg Adams. Standard practice for conducting due diligence as part of real estate trans-actions has long included an assessment of the potential for a site to have “recognized environmental conditions,” i.e., hazardous substances or petro-leum products released to the environment. In addition to this evaluation, sound due diligence practices should include an evaluation of the potential for federal regulatory requirements to significantly affect value. This paper will look at four general areas: the Clean Water Act1 (“CWA”), the Endan-gered Species Act2 (“ESA”), the National Environmental Policy Act3 (“NEPA”) and the National Historic…
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The Cost of Ignorance: Closing the Deal

Sherri Zendri. The alphabet soup of federal and state statutes and rules regulating the purchase and sale of property can quickly become overwhelming. Nevertheless, parties to commercial and residential real estate transactions ignore such laws at their own peril: failure to comply with these regulations, whether intentional or not, can impose serious costs on all parties involved. This Article focuses on some practical approaches to due diligence inquiries and allocations of potential liabilities, and includes only brief comments on some of the legal liabilities regarding environmental disclosure requirements in real property transactions. The main take-away from this article is that…
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