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Articles 1 - 7 of 7
Full-Text Articles in Law
Book Review: Abortion Rights: For And Against, Michelle Oberman, Julia D. Hejduk
Book Review: Abortion Rights: For And Against, Michelle Oberman, Julia D. Hejduk
Faculty Publications
No abstract provided.
Legal Transitions And The Problem Of Reliance, David M. Hasen
Legal Transitions And The Problem Of Reliance, David M. Hasen
Faculty Publications
This Article analyzes the literature on legal transitions. The principal focus is taxation, but the analysis generalizes to other areas. I argue that the theoretical apparatus developed by scholars active in the legal transitions area suffers from significant conceptual shortcomings. These shortcomings include the unwarranted assimilation of legal to factual change, the naturalization of conventional arrangements, and the disregard of the distinction between making law and finding it. As a consequence, the recent literature offers an analysis that is unable either to explain actual transitions or to provide an adequate theory of how legal change should take place. In the …
Legal Theoretic Inadequacy And Obesity Epidemic Analysis, David Yosifon
Legal Theoretic Inadequacy And Obesity Epidemic Analysis, David Yosifon
Faculty Publications
This Article explores crucial analytic and normative limitations in presently dominant and ascendant approaches to legal theory. The approaches' failure to provide a satisfying framework for analyzing the obesity epidemic presently raging undeterred in American society reveals these limitations. Conventional law and economics scholars writing on the subject have deployed familiar frameworks to reach predictable conclusions that are neither intellectually nor morally justifiable. This Article argues that recent theoretical innovations promulgated within the burgeoning law and behavioralism movement have thus far provided no more reliable a framework for legal analysis of the obesity epidemic than has conventional law and economics. …
Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie Wildman
Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie Wildman
Faculty Publications
In response to the prevalent view that American law and legal institutions are class and color blind, this Article provides examples of how legal institutions sometimes do create and maintain racialized wealth disparities. The Article offers examples of this phenomenon by examining a sequence of federal judicial decisions, the federal taxing statutes, the role of legal education, and access to legal services. These examples are instructive because they cut across a broad spectrum of components of the American legal system. By revisiting issues of race and wealth in different legal settings from the Constitution to federal cases, the tax system, …
Broken Scales: Obesity And Justice In America, Adam Benforado, Jon Hanson, David Yosifon
Broken Scales: Obesity And Justice In America, Adam Benforado, Jon Hanson, David Yosifon
Faculty Publications
This Article is not so much about the scales we use to measure weight, but the scales we use to infer causation and assign responsibility-including the scales of justice. Ultimately, the problem we face is not obesity itself. Obesity is only a symptom of the problem. When scientists and public health experts point to various environmental agents-whether larger portion sizes, corn subsidies, video games, or urban sprawl-they, too, overlook the deeper source of our troubles. Our real problem is that we have an extremely difficult time seeing and understanding the role of unseen features in our environment and within us …
The Situation: An Introduction To The Situational Character, Critical Realism, Power Economics, And Deep Capture, Jon Hanson, David Yosifon
The Situation: An Introduction To The Situational Character, Critical Realism, Power Economics, And Deep Capture, Jon Hanson, David Yosifon
Faculty Publications
Throughout most of this introductory Article, we will focus our arguments primarily on economics and law and economics. We believe, however, that the implications of our inquiry extend far beyond those domains. The tendencies we hope to elucidate find their origins in the human animal, not in any particular legal theoretic perspective. It happens that these tendencies are especially prominent in law and economics, currently the dominant theoretical paradigm for creating and analyzing legal policy. But the relevance of our thesis is not confined to one approach , or even to legal-political questions. All humans are more or less implicated, …
The False Litigant Syndrome: "Nobody Would Say That Unless It Was The Truth", Alan Scheflin, Daniel Brown
The False Litigant Syndrome: "Nobody Would Say That Unless It Was The Truth", Alan Scheflin, Daniel Brown
Faculty Publications
In this article we intend to focus on the narrow but increasingly more signif icant issue of retractors in malpractice actions against therapists. It is generally believed that people do not make confessions unless they are actually guilty. It is also generally believed that retractors who recant their earlier statements must now be telling the truth. Courts have allowed expert testimony to be admitted on the issue of why people will falsely confess. In this paper we argue that expert testimony on why people falsely recant should also be admissible.