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Articles 1 - 30 of 63
Full-Text Articles in Entire DC Network
Where Hannah Arendt Went Wrong, David Abraham
Law, Business, And Politics: Liability For Accidents In Georgia, 1846-1880, James L. Hunt
Law, Business, And Politics: Liability For Accidents In Georgia, 1846-1880, James L. Hunt
Articles
No abstract provided.
Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner
Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner
Articles
No abstract provided.
Is Relevant Conduct Relevant - Reconsidering The Guidelines Approach To Real Offense Sentencing, David Yellen
Is Relevant Conduct Relevant - Reconsidering The Guidelines Approach To Real Offense Sentencing, David Yellen
Articles
No abstract provided.
The Public Choice Threat (Reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996)), Saul Levmore
Articles
No abstract provided.
Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin
Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin
Articles
No abstract provided.
Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner
Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner
Articles
Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.
Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner
Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner
Articles
No abstract provided.
Diffusion And Focus In International Law Scholarship, Diane P. Wood
Diffusion And Focus In International Law Scholarship, Diane P. Wood
Articles
No abstract provided.
Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell
Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell
Articles
No abstract provided.
Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg
Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg
Articles
No abstract provided.
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Articles
No abstract provided.
American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein
American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein
Articles
No abstract provided.
Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques
Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques
Articles
No abstract provided.
Focal Point Theory Of Expressive Law, Richard H. Mcadams
Focal Point Theory Of Expressive Law, Richard H. Mcadams
Articles
No abstract provided.
Unlocking The Mysteries Of Holy Trinity: Spirit, Letter, And History In Statutory Interpretation, Carol Chomsky
Unlocking The Mysteries Of Holy Trinity: Spirit, Letter, And History In Statutory Interpretation, Carol Chomsky
Articles
In 1892, the Supreme Court construed the Alien Contract Labor Act of 1885, which barred importation of “any alien” under contract to perform “labor or service of any kind,” as not prohibiting a New York church from hiring a British pastor to occupy its vacant pulpit. “[A] thing may be within the letter of the statute and yet not within the statute because not within its spirit, nor within the intention of its makers,” wrote Justice David Brewer in Holy Trinity Church v. United States. Brewer's opinion is a touchstone for those seeking to overcome plain statutory language, but is …
Mass Incarceration: Perspectives On U.S. Imprisonment, Randolph N. Stone
Mass Incarceration: Perspectives On U.S. Imprisonment, Randolph N. Stone
Articles
No abstract provided.
Privacy, Publication, And The First Amendment: The Dangers Of First Amendment Exceptionalism, Richard A. Epstein
Privacy, Publication, And The First Amendment: The Dangers Of First Amendment Exceptionalism, Richard A. Epstein
Articles
The coordination of common law and constitutional norms are of pressing importance on matters of freedom of speech. In the Supreme Court and elsewhere, it is possible to discern two sharply inconsistent attitudes toward this question. One view holds that the First Amendment simply prevents any legislative backsliding from the common law rules that protect freedom of speech and of the press, much as they protect freedom of contract and freedom of action generally. On this view, the standard rule governing damages and injunctive relief apply to speech much as they do anywhere else. On the alternative view of what …
How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz
How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz
Articles
No abstract provided.
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Articles
In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …
Standing For Animals (With Notes On Animal Rights) A Tribute To Kenneth L. Karst, Cass R. Sunstein
Standing For Animals (With Notes On Animal Rights) A Tribute To Kenneth L. Karst, Cass R. Sunstein
Articles
No abstract provided.
Deliberating About Dollars: The Severity Shift Empirical Study, Cass R. Sunstein, Daniel Kahneman, David Schkade
Deliberating About Dollars: The Severity Shift Empirical Study, Cass R. Sunstein, Daniel Kahneman, David Schkade
Articles
How does jury deliberation affect the predeliberation judgments of individual jurors? In this paper we make progress on that question by reporting the results of a study of over 500 mock juries composed of over 3000 jury eligible citizens. Our principal finding is that with respect to dollars, deliberation produces a "severity shift," in which the jury's dollar verdict is systematically higher than that of the median of its jurors' predeliberation judgments. A "deliberation shift analysis" is introduced to measure the effect of deliberation. The severity shift is attributed to a "rhetorical asymmetry," in which arguments for higher awards are …
Tributes: Health, Heart And Mind: The Contributions Of Richard A. Posner To Health Law And Policy, Diane P. Wood
Tributes: Health, Heart And Mind: The Contributions Of Richard A. Posner To Health Law And Policy, Diane P. Wood
Articles
No abstract provided.
Norms As Supplements, Saul Levmore
Savigny, Holmes, And The Law And Economics Of Possession, Richard A. Posner
Savigny, Holmes, And The Law And Economics Of Possession, Richard A. Posner
Articles
No abstract provided.
Shihō Ni Nani O Nozomu Ka [What I Desire For The Justice System], Daniel H. Foote
Shihō Ni Nani O Nozomu Ka [What I Desire For The Justice System], Daniel H. Foote
Articles
Explanatory Note: In 1999, the Japanese government established the Justice System Reform Council and charged that Council with “clarifying the role to be played by justice in Japanese society” and examining and deliberating measures necessary to realize an appropriate system. The Council met from 1999 through 2001. In its final report it recommended major reforms to numerous aspects of the justice system, many of which were achieved (including the enactment of over twenty significant pieces of legislation, along with a wide range of reforms that did not require legislative action). In 2000, as the Reform Council was embarking work on …
Why Lawyers Have Often Worn Strange Clothes, Claimed To Work For Free--And Been Hated, Hugh D. Spitzer
Why Lawyers Have Often Worn Strange Clothes, Claimed To Work For Free--And Been Hated, Hugh D. Spitzer
Articles
Why have lawyers and judges always adorned themselves in ancient regalia? Obviously, they must symbolically transform themselves from private individuals into "law speakers" for the community. They become tools of a longstanding legal system, and special clothes offer clues to others (and reminders to themselves) that they have special responsibilities, both to their clients and to the community at large. The "retro" clothes that lawyers and judges wear also remind everyone that law is old that it isn't meant to change rapidly, and that it offers stability and predictability in a changing world.
Allocating The Judicial Power In A 'Unified Judiciary' (Restructuring Federal Courts), Evan H. Caminker
Allocating The Judicial Power In A 'Unified Judiciary' (Restructuring Federal Courts), Evan H. Caminker
Articles
Over the past half-century, federal courts scholarship concerning congressional control over the authority of Article III courts has focused predominantly on the question of jurisdiction: Which, if any, federal courts may or must be available to adjudicate which cases or controversies?' This preoccupation is unsurprising since most threatened or actualized congressional regulation over this period of time has concerned when and which federal courts would play a role in implementing the law of the land.2
The Most Creative Moments In The History Of Environmental Law: "The Whats", William H. Rodgers, Jr.
The Most Creative Moments In The History Of Environmental Law: "The Whats", William H. Rodgers, Jr.
Articles
In preparation for this symposium piece, Professor Rodgers asked a number of his colleagues active in the field of environmental law to identify what they considered to be the most creative moments in the history of environmental law. He gave no specific instructions with his request other than providing a definition of what he considered to be a creative moment: "A legal initiative that advances environmental law with a new level of analysis, new structure, or new institutional bridge. "
This article is a compilation of the numerous responses the author received. The responses formulate a detailed and informative description …
The Suggestibility Of Children: Scientific Research And Legal Implications, Stephen J. Ceci, Richard D. Friedman
The Suggestibility Of Children: Scientific Research And Legal Implications, Stephen J. Ceci, Richard D. Friedman
Articles
In this Article, Professors Ceci and Friedman analyze psychological studies on children's suggestibility and find a broad consensus that young children are suggestible to a significant degree. Studies confirm that interviewers commonly use suggestive interviewing techniques that exacerbate this suggestibility, creating a significant risk in some forensic contexts-notably but not exclusively those of suspected child abuse-that children will make false assertions of fact. Professors Ceci and Friedman address the implications of this difficulty for the legal system and respond to Professor Lyon's criticism of this view recently articulated in the Cornell Law Review. Using Bayesian probability theory, Professors Ceci and …