Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 223
Full-Text Articles in Law
The Future Of Law And Economics And The Calabresian External Moral Costs, Ariel Porat
The Future Of Law And Economics And The Calabresian External Moral Costs, Ariel Porat
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
The Future Of Law And Economics And The Calabresian External Moral Costs, Ariel Porat
The Future Of Law And Economics And The Calabresian External Moral Costs, Ariel Porat
Public Law and Legal Theory Working Papers
No abstract provided.
Bankruptcy's Endowment Effect, Anthony Casey
Bankruptcy's Endowment Effect, Anthony Casey
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Scalia As Procrustes For The Majority, Scalia As Cassandra In Dissent, Mary Anne Case
Scalia As Procrustes For The Majority, Scalia As Cassandra In Dissent, Mary Anne Case
Public Law and Legal Theory Working Papers
No abstract provided.
Remedies, Ariel Porat
Remedies, Ariel Porat
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Unbundling Efficient Breach: An Experiment, Maria Bigoni, Stefania Bortolotti, Francesco Parisi, Ariel Porat
Unbundling Efficient Breach: An Experiment, Maria Bigoni, Stefania Bortolotti, Francesco Parisi, Ariel Porat
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
The Political Ideologies Of American Lawyers, Adam S. Chilton, Adam Bonica, Maya Sen
The Political Ideologies Of American Lawyers, Adam S. Chilton, Adam Bonica, Maya Sen
Articles
No abstract provided.
Civil Rights In A Desegregating America, Nicholas Stephanopoulos
Civil Rights In A Desegregating America, Nicholas Stephanopoulos
Articles
No abstract provided.
The Case Against Free Speech, Brian Leiter
Fee Simple Obsolete, Lee Anne Fennell
The Church And Magna Carta, Richard H. Helmholz
The Constitutional Law Of Agenda Control, Aziz Huq
The Plain Language Court, David A. Strauss
Knowledge Goods And Nation-States, Daniel Hemel, Lisa Larrimore Ouellette
Knowledge Goods And Nation-States, Daniel Hemel, Lisa Larrimore Ouellette
Articles
No abstract provided.
Youth/Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig B. Futterman, Chaclyn Hunt, Jamie Kalven
Youth/Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig B. Futterman, Chaclyn Hunt, Jamie Kalven
Articles
No abstract provided.
Litigating The Blue Wall Of Silence: How To Challenge The Police Privilege To Delay Investigation, Aziz Huq, Richard H. Mcadams
Litigating The Blue Wall Of Silence: How To Challenge The Police Privilege To Delay Investigation, Aziz Huq, Richard H. Mcadams
Articles
No abstract provided.
The Uses Of Religious Identity, Practice, And Dogma In 'Soft' And 'Hard' Counterterrorism, Aziz Huq
The Uses Of Religious Identity, Practice, And Dogma In 'Soft' And 'Hard' Counterterrorism, Aziz Huq
Public Law and Legal Theory Working Papers
No abstract provided.
The Limits Of Isomorphism: Global Investment Law And The Asean Investment Regime, Sungjoon Cho, Jürgen Kurtz
The Limits Of Isomorphism: Global Investment Law And The Asean Investment Regime, Sungjoon Cho, Jürgen Kurtz
Chicago Journal of International Law
This Article probes the unique ontogenetic path of ASEAN’s regulation of foreign investment by juxtaposing global investment law with the ASEAN investment regime. While the former delivers a powerful heuristic on isomorphism that ASEAN exhibits in its strong reflection of global investment norms, the latter sheds critical light on ideological and analytical blind spots by exploring distinct heterogeneities in ASEAN’s investment regulation. Those heterogeneities, especially preferences towards non-legal forms of cooperation and tailored flexibilities to pursue public and development outcomes, are not simply outliers, but reflect important historical and cultural values inherent to ASEAN and its members. The insights uncovered …
How The United States Uses The Trans-Pacific Partnership To Contain China In International Trade, Daniel C.K. Chow
How The United States Uses The Trans-Pacific Partnership To Contain China In International Trade, Daniel C.K. Chow
Chicago Journal of International Law
The Trans-Pacific Partnership (TPP) was signed on February 5, 2016 by its twelve members and is now open for ratification. If ratified, the TPP will be the largest mega free trade area in history and will encompass forty percent of world trade. The U.S. led the TPP negotiations and deliberately excluded China from the negotiations. This ploy by the U.S. was a calculated effort to contain China and to shift power in trade in the Asia-Pacific from China to the U.S. China now appears to face a difficult choice. China can join the already concluded TPP, with its text largely …
Harmonizing Multinational Parent Company Liability For Foreign Subsidiary Human Rights Violations, Vivian Grosswald Curran
Harmonizing Multinational Parent Company Liability For Foreign Subsidiary Human Rights Violations, Vivian Grosswald Curran
Chicago Journal of International Law
A notable development in recent years has been the ubiquity of the giant multinational corporation and its ability, through legal structures, to insulate itself from liability for the conduct of its foreign subsidiaries. In effect, multinational corporations simultaneously become legally invisible in their home states while potentially present through subsidiaries in innumerable other states.This Article focuses on multinational corporations whose parent companies are at home in a developed country while their subsidiaries operate in states in the developing world, and specifically where the foreign subsidiaries are alleged to have violated norms of universal human rights. It examines current legal theory …
Corporate Torts: International Human Rights And Superior Officers, Jennifer M. Green
Corporate Torts: International Human Rights And Superior Officers, Jennifer M. Green
Chicago Journal of International Law
Recent decisions by U.S. courts have attacked the ability of human rights victims to hold corporations accountable for their complicity in atrocities around the world. This Article argues that in the face of this attack, advocates and scholars have given insufficient attention to a potent strategy—holding corporate officers liable. It examines the corporate officer liability question through the lens of tort liability, focusing on those officers with superior responsibility over their subordinates who physically commit the violations. It is the first to provide a systematic analysis of how superior officer liability under tort and international law approaches to superior responsibility …
Unilateral Corporate Regulation, William Magnuson
Unilateral Corporate Regulation, William Magnuson
Chicago Journal of International Law
Corporations today wield unprecedented power in politics and society, and they have a tremendous effect on human welfare around the globe. At the same time, they are increasingly difficult to regulate. Corporations are savvy and mobile, and they can relocate to avoid burdensome domestic regulation with surprising ease. The agility of corporations creates a dilemma for government decisionmakers seeking to balance the need to attract the wealth that corporations create with the desire to pursue other policy priorities. One approach that governments have used to address this dilemma is international cooperation, and a growing number of scholars have argued that …
In The Child’S Best Interests: Examining International Child Abduction, Adoption, And Asylum, Hannah Loo
In The Child’S Best Interests: Examining International Child Abduction, Adoption, And Asylum, Hannah Loo
Chicago Journal of International Law
In the past few years, the number of cases involving international child abduction has risen significantly. But the primary purpose of the Hague Convention on the Civil Aspects of International Child Abduction is to protect children against wrongful removal or retention by one parent against the will of the other parent. Under the Convention, the relevant courts are charged with determining where the child’s habitual residence is and whether the child should be returned to the left-behind country. However, in making this determination, courts have faced criticism due to the lack of consideration for the child’s best interests, an international …
Grasping At Origins: Shifting The Conversation In The Historical Study Of Human Rights, Christopher N.J. Roberts
Grasping At Origins: Shifting The Conversation In The Historical Study Of Human Rights, Christopher N.J. Roberts
Chicago Journal of International Law
In recent years, scholars from a range of disciplinary orientations have invested considerable time exploring a very basic question: Where did human rights come from? The answers have not been so basic. There exists an extraordinary range of conflicting historical accounts. The hotly debated question of the moment within this field of study centers on figuring out which version of the history is the correct one. However, given the dramatic distance between the historical accounts, it is very unlikely that the matter will be settled in the near future. This Article argues that it is time to shift the focal …
An Insurance-Based Typology Of Police Misconduct, John Rappaport
An Insurance-Based Typology Of Police Misconduct, John Rappaport
Articles
No abstract provided.
Chevron Step One-And-A-Half, Daniel Hemel, Aaron Nielson
Chevron Step One-And-A-Half, Daniel Hemel, Aaron Nielson
Public Law and Legal Theory Working Papers
No abstract provided.
Should Regulation Be Countercyclical?, Jonathan Masur, Eric A. Posner
Should Regulation Be Countercyclical?, Jonathan Masur, Eric A. Posner
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Cyberwar, International Politics, And Institutional Design, Daniel Abebe
Cyberwar, International Politics, And Institutional Design, Daniel Abebe
Public Law and Legal Theory Working Papers
No abstract provided.
Should Regulation Be Countercyclical?, Jonathan Masur, Eric A. Posner
Should Regulation Be Countercyclical?, Jonathan Masur, Eric A. Posner
Public Law and Legal Theory Working Papers
No abstract provided.
Did The Creation Of The United Nations Human Rights Council Produce A Better ‘Jury’?, Adam S. Chilton, Robert Golan-Vilella
Did The Creation Of The United Nations Human Rights Council Produce A Better ‘Jury’?, Adam S. Chilton, Robert Golan-Vilella
Articles
No abstract provided.