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Articles 1 - 13 of 13
Full-Text Articles in Law
Beyond Candor, Scott Altman
Beyond Candor, Scott Altman
Michigan Law Review
In Part I, I consider whether judges might hold inaccurate beliefs that make them more candid and constrained. I suggest that even if theories of neutral decisionmaking are incomplete and inaccurate, a legal system in which judges hold these beliefs about their own behavior could have advantages. If many judges believe that they can, should, and do decide almost all cases by following the law, they might behave differently than they would if they held more accurate beliefs. They might behave so as to facilitate repression and denial, because their self-esteem depends on maintaining the belief that they decide as …
Public Interest Organizations, J. Jacobson
Public Interest Organizations, J. Jacobson
California Regulatory Law Reporter
No abstract provided.
Public Law—Arkansas Freedom Of Information Act—Working Papers And Litigation Files Of Attorneys Hired By Public Entities Are Subject To Disclosure. City Of Fayetteville V. Edmark, 304 Ark. 179, 801 S.W.2d 275 (1990)., Lawrence W. Jackson
University of Arkansas at Little Rock Law Review
No abstract provided.
The Role Of The Democratic And Republican Parties As Organizers Of Shadow Interest Groups, Jonathan R. Macey
The Role Of The Democratic And Republican Parties As Organizers Of Shadow Interest Groups, Jonathan R. Macey
Michigan Law Review
This article advances a new theory to explain the relationship between political parties and interest groups. Among the as yet unanswered questions that I resolve are: (1) why many politicians -both Republicans and Democrats - develop a reputation for "party loyalty" despite the parties' inability to employ any meaningful sanctions against politicians who deviate from the party line; (2) why candidates for public office run in contested primaries when running as an independent generally would be a less costly mechanism for getting on the ballot; (3) why the two major U.S. political parties continue to attract resources from contributors and …
Public Interest Organizations, J. Jacobson
Public Interest Organizations, J. Jacobson
California Regulatory Law Reporter
No abstract provided.
Critical Legal Studies, Michael F. Colosi
Critical Legal Studies, Michael F. Colosi
Michigan Law Review
A Review of Critical Legal Studies by Allan C. Hutchinson
Retrieving Positivism: Law As Bibliolatry, Frederick C. Decoste
Retrieving Positivism: Law As Bibliolatry, Frederick C. Decoste
Dalhousie Law Journal
Legal positivism is a curious phenomenon in both its theoretical and sociological parts. It is curious as theory because its very existence, as theory, is often questioned, and because, even when its existence is admitted, the nature of the theory, and who does and does not qualify as an adherent most often remains in dispute. It is curious sociologically because rare is the legal theoretician who forthrightly endorses positivism: positivists, it would appear, are as scarce as the formalists among whom they used to be numbered.
The Interpreters, Kenneth L. Karst
The Interpreters, Kenneth L. Karst
Michigan Law Review
A Review of Justice as Translation: An Essay in Cultural and Legal Criticism by James Boyd White
Democracy And Its Critics, Cary Coglianese
Democracy And Its Critics, Cary Coglianese
Michigan Law Review
A Review of Democracy and Its Critics by Robert A. Dahl
Happy Slaves: A Critique Of Consent Theory, Adam C. Sloane
Happy Slaves: A Critique Of Consent Theory, Adam C. Sloane
Michigan Law Review
A Review of Happy Slaves: A Critique of Consent Theory by Don Herzog
Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Institutions, Michael A. Fitts
Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Institutions, Michael A. Fitts
Michigan Law Review
In Parts I and II, I shall summarize the law-and-economics and civic virtue perspectives on the value of political information and their proposals for reforms in the political process that would stimulate greater political information. These two literatures are often viewed as distinct in their objectives: one seeking to improve means/ends rationality; the other seeking to improve goal formation - a function that I loosely describe as normative, ethical, or value-based. Nevertheless, they share some common practical approaches where information is concerned. In Part Ill, I shall discuss the instrumental advantages to limiting political information, focusing particularly on the role …
Social Irresponsibility, Actuarial Assumptions, And Wealth Redistribution: Lessons About Public Policy From A Prepaid Tuition Program, Jeffrey S. Lehman
Social Irresponsibility, Actuarial Assumptions, And Wealth Redistribution: Lessons About Public Policy From A Prepaid Tuition Program, Jeffrey S. Lehman
Michigan Law Review
In this article, I shall try to illuminate the question of how governments, as opposed to private insurers, grapple with the problem of intergenerational social irresponsibility. I shall do so by analyzing and criticizing a single public program. That program, the Michigan Education Trust (MET), was the most widely publicized government action in the field of higher education finance during the 1980s. MET allows parents of young children to purchase contracts promising to cover the children's tuition at Michigan public colleges when they enroll up to eighteen years later.
In setting forth this case study, I also attempt to develop …
Public Interest Organizations, J. Jacobson
Public Interest Organizations, J. Jacobson
California Regulatory Law Reporter
No abstract provided.