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Articles 1 - 30 of 90

Full-Text Articles in Law

Assessing Punitive Damages..., Cass R. Sunstein, Daniel Kahneman, David Schkade Dec 1997

Assessing Punitive Damages..., Cass R. Sunstein, Daniel Kahneman, David Schkade

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


In Memoriam: William J. Brennan, Richard A. Posner Nov 1997

In Memoriam: William J. Brennan, Richard A. Posner

Articles

No abstract provided.


The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley Nov 1997

The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley

Articles

No abstract provided.


The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner Oct 1997

The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner

Articles

No abstract provided.


Contracts Small And Contract Large: Contract Law Through The Lens Of Laissez-Faire, Richard A. Epstein Aug 1997

Contracts Small And Contract Large: Contract Law Through The Lens Of Laissez-Faire, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler Jul 1997

The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler

Articles

No abstract provided.


Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker Jun 1997

Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Interaction Of Spiritual And Secular Law: The Sixteenth-Century And Today, Harold J. Berman May 1997

Interaction Of Spiritual And Secular Law: The Sixteenth-Century And Today, Harold J. Berman

Fulton Lectures

No abstract provided.


Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner May 1997

Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.


Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner May 1997

Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.


Book Review (Reviewing Neal Devins, Shaping Constitutional Values: Elected Government, The Supreme Court, And The Abortion Debate (1996)), Tom Ginsburg May 1997

Book Review (Reviewing Neal Devins, Shaping Constitutional Values: Elected Government, The Supreme Court, And The Abortion Debate (1996)), Tom Ginsburg

Articles

No abstract provided.


Term Limits And Electoral Competitiveness: California's State Legislative Races, John Lott, Kermit Daniel May 1997

Term Limits And Electoral Competitiveness: California's State Legislative Races, John Lott, Kermit Daniel

Coase-Sandor Working Paper Series in Law and Economics

California’s legislative term limits have dramatically reduced campaign expenditures. Real expenditures during the three general elections after the term limits initiative passed in 1990 were lower than in even 1976. This drop has occurred at the same time that races have become closer contests and more candidates are running for office. By any measure, term limits have coincided with large changes in the level of political competition, even before term limits have forcibly removed a single politician from office. The changes are so large that more incumbents are being defeated, races are closer, more candidates are running, and fewer single …


Behavioral Analysis Of Law, Cass R. Sunstein Apr 1997

Behavioral Analysis Of Law, Cass R. Sunstein

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


The Art Of Law And Economics: An Autobiographical Essay, William M. Landes Mar 1997

The Art Of Law And Economics: An Autobiographical Essay, William M. Landes

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


The Hidden Virtues Of Chapter 11: An Overview Of The Law And Economics Of Financially Distressed Firms, Douglas G. Baird Mar 1997

The Hidden Virtues Of Chapter 11: An Overview Of The Law And Economics Of Financially Distressed Firms, Douglas G. Baird

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Community, Wealth, And Equality, Richard A. Posner Mar 1997

Community, Wealth, And Equality, Richard A. Posner

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


The Role Of Private Groups In Public Policy: Cryptography And The National Research Council, Kenneth W. Dam Jan 1997

The Role Of Private Groups In Public Policy: Cryptography And The National Research Council, Kenneth W. Dam

Occasional Papers

No abstract provided.


The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter Jan 1997

The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter

Articles

No abstract provided.


Rational Choice, Behavioral Economics, And The Law, Richard A. Posner Jan 1997

Rational Choice, Behavioral Economics, And The Law, Richard A. Posner

Articles

No abstract provided.


Fables, Sagas, And Laws, Saul Levmore Jan 1997

Fables, Sagas, And Laws, Saul Levmore

Articles

No abstract provided.


Constraint And Confession, Albert W. Alschuler Jan 1997

Constraint And Confession, Albert W. Alschuler

Articles

No abstract provided.


Why Quine Is Not A Postmodernist, Brian Leiter Jan 1997

Why Quine Is Not A Postmodernist, Brian Leiter

Articles

No abstract provided.


Parol Evidence Rule, The Plain Meaning Rule, And The Principles Of Contractual Interpretation, Eric A. Posner Jan 1997

Parol Evidence Rule, The Plain Meaning Rule, And The Principles Of Contractual Interpretation, Eric A. Posner

Articles

No abstract provided.


The Problematics Of Moral And Legal Theory, Richard A. Posner Jan 1997

The Problematics Of Moral And Legal Theory, Richard A. Posner

Articles

In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …


Why Plain Meaning?, David A. Strauss Jan 1997

Why Plain Meaning?, David A. Strauss

Articles

No abstract provided.


How Law Constructs Preferences, Cass R. Sunstein Jan 1997

How Law Constructs Preferences, Cass R. Sunstein

Articles

No abstract provided.


The Right To Die And The Jurisprudence Of Tradition, Michael W. Mcconnell Jan 1997

The Right To Die And The Jurisprudence Of Tradition, Michael W. Mcconnell

Articles

No abstract provided.


Narrative And Naratology In Classroom And Courtroom, Richard A. Posner Jan 1997

Narrative And Naratology In Classroom And Courtroom, Richard A. Posner

Articles

No abstract provided.


The Art Of Law And Economics: An Autobiographical Essay, William M. Landes Jan 1997

The Art Of Law And Economics: An Autobiographical Essay, William M. Landes

Articles

No abstract provided.


Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein Jan 1997

Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein

Articles

Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …