Articles

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The Decline and Fall of the American Judicial Opinion, Part II: Back to the Future from The Roberts Court to Learned Hand -- Segmentation, Audience, and the Opportunity of Justice Sotomayor, The Barry Law Review (2010)

In Part II of his critical study of Learned Hand's district court opinions, Professor Van...

 

Unpublished Papers

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RE-THINKING LIABILITY FOR VACCINE INJURY (with Joanna B. Apolinsky), ExpressO (2009)

In April 2009, the first cases of the novel influenza A (H1N1) virus were detected...

 

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Dialogue With A Neurosurgeon: Toward A Dépeçage Approach To Achieve Tort Reform And Preserve Corrective Justice In Medical Malpractice Cases, ExpressO (2009)

This article is comprised of a dialogue between me, a law professor who teaches torts...

 

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Dialogue With A Neurosurgeon: Toward A Dépeçage Approach To Achieve Tort Reform And Preserve Corrective Justice In Medical Malpractice Cases, ExpressO (2009)

comprised of a dialogue between me, a law professor who teaches torts among a wide...

 

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THE DECLINE AND FALL OF THE AMERICAN JUDICIAL OPINION: BACK TO THE FUTURE FROM THE ROBERTS COURT TO LEARNED HAND, ExpressO (2009)

In September 2008, Adam Liptak of the N.Y. Times wrote in an article “American Exception:...

 

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THE DECLINE AND FALL OF THE AMERICAN JUDICIAL OPINION: BACK TO THE FUTURE FROM THE ROBERTS COURT TO LEARNED HAND, ExpressO (2009)

In September 2008, Adam Liptak of the N.Y. Times wrote in an article “American Exception:...

 

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LEARNED HAND’S DISTRICT COURT OPINIONS, 1916-1917: A MACROSTRUCTURAL ANALYSIS EMPLOYING COGNITIVE PSYCHOLOGY PRINCIPLES, ExpressO (2008)

What makes a judge a good trial court writer? Should this be measured by the...

 

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LEARNED HAND’S DISTRICT COURT OPINIONS, 1916-1917: A MACROSTRUCTURAL ANALYSIS EMPLOYING COGNITIVE PSYCHOLOGY PRINCIPLES, ExpressO (2008)

What makes a judge a good trial court writer? Should this be measured by the...