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Duke Law

Duke Law Journal

1992

Law

Articles 1 - 4 of 4

Full-Text Articles in Law

Rules Versus Standards: An Economic Analysis, Louis Kaplow Dec 1992

Rules Versus Standards: An Economic Analysis, Louis Kaplow

Duke Law Journal

This Article offers an economic analysis of the extent to which legal commands should be promulgated as rules or standards. Two dimensions of the problem are emphasized. First, the choice between rules and standards affects costs: Rules typically are more costly than standards to create, whereas standards tend to be more costly for individuals to interpret when deciding how to act and for an adjudicator to apply to past conduct. Second, when individuals can determine the application of rules to their contemplated acts more cheaply, conduct is more likely to reflect the content of previously promulgated rules than of standards …


Intention, Interpretation, And Stories, Jane B. Baron Dec 1992

Intention, Interpretation, And Stories, Jane B. Baron

Duke Law Journal

No abstract provided.


Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck Oct 1992

Legal Complexity: Some Causes, Consequences, And Cures, Peter H. Schuck

Duke Law Journal

No abstract provided.


Butterfly Effects: The Possibilities Of Law Teaching In A Democracy, Paul D. Carrington Feb 1992

Butterfly Effects: The Possibilities Of Law Teaching In A Democracy, Paul D. Carrington

Duke Law Journal

No abstract provided.