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Articles 1 - 30 of 167
Full-Text Articles in Law
Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen
Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen
Articles
No abstract provided.
Experts, Stories, And Information, Richard O. Lempert
Experts, Stories, And Information, Richard O. Lempert
Articles
In the infancy of the jury trial, there were no witnesses. The jury was self-informing. Members of the jury were drawn from the community. It was expected that they would know, either firsthand or on the basis of what they had heard, the true facts of any disputed incident, and they were gathered together to say what those facts were. Ronald Allen and Joseph Miller, in their insightful paper, see the ideal of the self-informing jury as very much alive today. Allen and Miller tell us that jurors ideally should experience firsthand the factual information needed to arrive at rational …
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Articles
Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …
Readings By Our Unitary Executive, Lawrence Lessig
The Suspect Population And Dna Identification, Richard O. Lempert
The Suspect Population And Dna Identification, Richard O. Lempert
Articles
Forensic DNA analysis typically proceeds by first determining whether alleles (one of two or more alternative forms of a gene) found in DNA apparently left by the perpetrator of a crime at a crime scene (the "evidence sample") match alleles extracted from a sample of the suspected criminal's blood (the "suspect sample"). If alleles drawn from the two sources match, the next step is to provide information about the probative value of the match by estimating the probability that alleles extracted from the blood of some random individual would have matched the alleles in the evidence sample. Thinking in terms …
Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert
Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert
Articles
The ceiling principle is an intentionally conservative way of estimating the frequency with which individuals who share particular alleles appear in the general population. It establishes frequencies for each allele by taking random samples of 100 individuals from each of 15 to 20 populations and using the largest frequency with which the allele is found in any of these populations or 5 percent, whichever is larger, as an estimate of the allele's frequency in the population of interest. These frequencies are then multiplied to yield an estimate of the likelihood that a randomly selected person would exhibit the same allelic …
Legal Scholarship Today, Richard A. Posner
Beyond Guidelines: The Commission As Sentencing Clearinghouse, David Yellen
Beyond Guidelines: The Commission As Sentencing Clearinghouse, David Yellen
Articles
No abstract provided.
The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson
The Classification Veto In Single-Asset Cases Under Bankruptcy Code Section 1129(A)(10), David G. Carlson
Articles
No abstract provided.
The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider
The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider
Articles
The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …
Fidelity In Translation, Lawrence Lessig
Fidelity In Translation, Lawrence Lessig
Articles
Readings of the Constitution have changed. Sometimes they have changed because the constitutional text has changed. But more often they have changed while the text has remained the same. Can it be that these changed readings-changes that track no change in constitutional text-can nonetheless be readings of fidelity, faithful to the Constitution's original meaning? On some readings of originalism, the answer must be no. But this essay argues that any complete account of interpretive fidelity must allow--indeed require--changes in constitutional readings even when there has been no change in the constitutional text. If meaning is a function of both text …
Restraints On Alienation Of Human Capital, Stewart E. Sterk
Restraints On Alienation Of Human Capital, Stewart E. Sterk
Articles
No abstract provided.
The New Law Of The Sea, Bernard H. Oxman
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
Articles
Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …
Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson
Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson
Articles
Section 364(c) and (d) of the Bankruptcy Code provides for the creation of security interests in real and personal property under federal law. In this Article, David Gray Carlson discusses the quality and nature of these federal security interests, their remarkable immunity from reversal on appeal, and the ability of postpetition lenders to obtain preferences over other creditors through "cross-collateralization" clauses and the like.
Unmasking The Matching Principle In Tax Law, Julie Roin
Unmasking The Matching Principle In Tax Law, Julie Roin
Articles
No abstract provided.
Should Title Vii Of The Civil Rights Act Of 1964 Be Repealed?, Richard A. Epstein, Erwin Chemerinsky
Should Title Vii Of The Civil Rights Act Of 1964 Be Repealed?, Richard A. Epstein, Erwin Chemerinsky
Articles
No abstract provided.
Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore
Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore
Articles
No abstract provided.
Obligation Or Restitution For Best Efforts, Saul Levmore
Obligation Or Restitution For Best Efforts, Saul Levmore
Articles
No abstract provided.
When Cities Go Broke: A Conceptual Introduction To Municipal Bankruptcy, Randal C. Picker, Michael W. Mcconnell
When Cities Go Broke: A Conceptual Introduction To Municipal Bankruptcy, Randal C. Picker, Michael W. Mcconnell
Articles
No abstract provided.
The Material Basis Of Jurisprudence, Richard A. Posner
Against Positive Rights Feature, Cass R. Sunstein
Conflicting Values In Law, Cass R. Sunstein
Well-Being And The State, Cass R. Sunstein
Structuring The Separation Of Powers, Philip B. Kurland
Structuring The Separation Of Powers, Philip B. Kurland
Articles
No abstract provided.
Judicial Limitations In The Discretion Of Liability Insurers To Settle Or Litigate: An Economic Critique, Alan O. Sykes
Judicial Limitations In The Discretion Of Liability Insurers To Settle Or Litigate: An Economic Critique, Alan O. Sykes
Articles
No abstract provided.
Some Thoughts On The Real Estate Puzzle: Comment On Levmore, Commissions And Conflicts In Agency Arrangements: Lawyers, Real Estate Brokers, Underwriters, And Other Agents' Rewards, Alan O. Sykes
Articles
No abstract provided.
Article Ii Revisionism Correspondence, Cass R. Sunstein
Article Ii Revisionism Correspondence, Cass R. Sunstein
Articles
No abstract provided.
Regulation Of Hate Speech And Pornography After R. A. V., Elena Kagan
Regulation Of Hate Speech And Pornography After R. A. V., Elena Kagan
Articles
No abstract provided.
The Man Who Once Was Whizzer White, Dennis J. Hutchinson
The Man Who Once Was Whizzer White, Dennis J. Hutchinson
Articles
No abstract provided.