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Are Babies Efficient?, Marshall S. Shapo
Are Babies Efficient?, Marshall S. Shapo
Law and Economics Papers
This two-page essay is an empirical study of a one-year-old child, observed within the frame of the question asked by the title. Although unlarded with citation to published authority, the essay effectively encompasses some of the most cited economically oriented tests for tort liability. Concluding that the answer to the question in the title is yes, the writer poses a final, philosophical issue.
Symmetric Entrenchment: A Constitutional And Normative Theory, Michael B. Rappaport, John Mcginnis
Symmetric Entrenchment: A Constitutional And Normative Theory, Michael B. Rappaport, John Mcginnis
Law and Economics Papers
In this article, we defend the traditional rule that legislative entrenchment, the practice by which a legislature insulates ordinary statutes from repeal by a subsequent legislature, is both unconstitutional and normatively undesirable. A recent essay by Professors Eric Posner and Adrian Vermeule disputes this rule against legislative entrenchment and provides the occasion for our review of the issue. First, we argue that legislative entrenchment is unconstitutional, offering the first comprehensive defense of the proposition that the original meaning of the Constitution prohibits legislative entrenchments. We show that a combination of textual, historical, and structural arguments make a very compelling case …