1993
DOI: 10.1086/scer.3.1147064
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What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)

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Cited by 646 publications
(314 citation statements)
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“…Our first method is to take the homeownership averages from the General Social Survey. 15 Our second method is to take the homeownership rates from the 1990 census. We have reported both sets of results.…”
Section: Table 3 -Instrumental Variables Estimatesmentioning
confidence: 99%
“…Our first method is to take the homeownership averages from the General Social Survey. 15 Our second method is to take the homeownership rates from the 1990 census. We have reported both sets of results.…”
Section: Table 3 -Instrumental Variables Estimatesmentioning
confidence: 99%
“…14 The "going concern" value of the resource depends not only on its chemical formula, but also on its ability to flow from site to site, to support multiple 12 human uses (bathing, recreation), as well as to support multiple forms of animal and plant life. The system therefore is one in which private and common uses uneasily but necessarily coexist, 15 There are strong reasons for the creation of the limited commons in water. If each riparian owner could stop its flow, or at least the navigation along his portion of the river, could lead to the loss of this collective use altogether.…”
mentioning
confidence: 99%
“…What should be avoided at all costs are mixed regimes that feature forced exchanges, be it by state condemnation of patents or by compulsory licensing agreements. 17 15 In order to understand how these property rights regimes apply to patent issues generally and to the genome in particular, it is useful to return to the water situation.…”
mentioning
confidence: 99%
“…14 The Court also rejected a constitutional attack on the Clean Air Act, reestablishing long-settled law allowing Congress to delegate broad discretionary authority to regulatory agencies. 15 And through this return to normalcy, the current Court treated the court of appeals for the District of Columbia in the same way that the 1970s Supreme Court treated that very court of appeals -attacking new judicial innovations and calling for at least a form of "hands off." 16 The Court ruled quite broadly on both of the key issues, but it also reasoned in an extremely unambitious way, saying invoking statutory language and precedent while saying little about the topic of risk regulation and offering astonishingly little in the way of theoretical ground for its reluctance to invoke the nondelegation doctrine.…”
mentioning
confidence: 99%