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Articles 61 - 86 of 86
Full-Text Articles in Law
The Puzzle Of Ex Ante Efficiency: Does Rational Approvability Have Moral Weight?, Matthew D. Adler
The Puzzle Of Ex Ante Efficiency: Does Rational Approvability Have Moral Weight?, Matthew D. Adler
Faculty Scholarship
A governmental decision is "ex ante efficient" if it maximizes the satisfaction of everyone's preferences ex ante, relative to other possible decisions. Equivalently, each affected person would be rational to approve the decision, given her preferences and beliefs at the time of the choice. Does this matter, morally speaking? Do governmental officials - legislators, judges, regulators - have a moral reason to make decisions that are ex ante efficient? The economist's answer is "yes." "Ex ante efficiency" is widely seen by welfare economists to have moral significance, and often appears within law-and-economics scholarship as a criterion for evaluating legal doctrines. …
The Trouble With Global Constitutionalism, Ernest A. Young
The Trouble With Global Constitutionalism, Ernest A. Young
Faculty Scholarship
No abstract provided.
Genocide Politics And Policy: Conference Remarks, Madeline Morris
Genocide Politics And Policy: Conference Remarks, Madeline Morris
Faculty Scholarship
No abstract provided.
The ‘Blaine’ Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
The ‘Blaine’ Debate: Must States Fund Religious Schools?, Laura S. Underkuffler
Faculty Scholarship
It is my view that efforts to force states to fund religious schools through voucher plans or otherwise will and should fail. My reasons for this conclusion are two-fold. First, there is no viable federal constitutional argument that states are required to fund religious institutions, including religious schools. Second, there are excellent reasons why the funding of religious institutions is very bad and dangerous policyââ¬âreasons which states are free to use as the groundings for their own policies, and which the decision in Zelman has left untouched.
Legal Transitions: Some Welfarist Remarks, Matthew D. Adler
Legal Transitions: Some Welfarist Remarks, Matthew D. Adler
Faculty Scholarship
This essay offers a sympathetic, utilitarian critique of Louis Kaplow's famous argument for legal retroactivity in his 1986 article, "An Economic Analysis of Legal Transitions." The argument, very roughly, is that the prospect of retroactivity is desirable if citizens are rational because it gives them a desirable incentive to anticipate legal change. My central claim is that this argument trades upon a dubious, objective view of probability that assumes rational citizens assign the same probabilities to states as rational governmental officials. But it is subjective, not objective probabilities that bear on rational choice, and the subjective probabilities of rational citizens …
Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang
Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang
Faculty Scholarship
No abstract provided.
Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale
Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles
Mixing Metaphors: Voting, Dollars, And Campaign Finance Reform (Review Essay), Guy-Uriel Charles
Faculty Scholarship
Reviewing, Bruce Ackerman & Ian Ayers, Voting with Dollars: A New Paradigm for Campaign Finance (2002)
Engaging Facts And Policy: A Multi-Institutional Approach To Patent System Reform, Arti K. Rai
Engaging Facts And Policy: A Multi-Institutional Approach To Patent System Reform, Arti K. Rai
Faculty Scholarship
The Court of Appeals for the Federal Circuit, charged with adjudicating appeals in patent cases, has adopted an unusual approach that arrogates power over fact finding while it simultaneously invokes rule-formalism. Although the Federal Circuit's approach may be justified by the fact-finding and policy application deficiencies of the trial courts and the Patent and Trademark Office (PTO), it has had a negative impact on innovation policy and has resulted in a patent system that is sorely in need of reform. This Article argues that because of the interdependence of the various institutions within the patent system, reform of the system …
Is The Sky Falling On The Federal Government? State Sovereign Immunity, The Section Five Power, And The Federal Balance, Ernest A. Young
Is The Sky Falling On The Federal Government? State Sovereign Immunity, The Section Five Power, And The Federal Balance, Ernest A. Young
Faculty Scholarship
reviewing John T. Noonan, Jr., Narrowing the Nation's Power: The Supreme Court Sides with the States (2002)
Constitutional Analogies In The International Legal System, Laurence R. Helfer
Constitutional Analogies In The International Legal System, Laurence R. Helfer
Faculty Scholarship
This Article explores issues at the frontier of international law and constitutional law. It considers five key structural and systemic challenges that the international legal system now faces: (1) decentralization and disaggregation; (2) normative and institutional hierarchies; (3) compliance and enforcement; (4) exit and escape; and (5) democracy and legitimacy. Each of these issues raises questions of governance, institutional design, and allocation of authority paralleling the questions that domestic legal systems have answered in constitutional terms. For each of these issues, I survey the international legal landscape and consider the salience of potential analogies to domestic constitutions, drawing upon and …
The International Journal Of Legal Information And The Iall: An Introduction To The Cumulative Index, Richard A. Danner
The International Journal Of Legal Information And The Iall: An Introduction To The Cumulative Index, Richard A. Danner
Faculty Scholarship
No abstract provided.
Still Tough On Crime? Prospects For Restorative Justice In The United States, Sara Sun Beale
Still Tough On Crime? Prospects For Restorative Justice In The United States, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis Mcgovern
Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis Mcgovern
Faculty Scholarship
No abstract provided.
Reforming The Culture Of Financial Reporting: The Pcaob And The Metrics For Accounting Measurements, James D. Cox
Reforming The Culture Of Financial Reporting: The Pcaob And The Metrics For Accounting Measurements, James D. Cox
Faculty Scholarship
No abstract provided.
Why Is There So Little Money In U.S. Politics?, John M. De Figueiredo, Stephen Ansolabehere, James M. Snyder Jr.
Why Is There So Little Money In U.S. Politics?, John M. De Figueiredo, Stephen Ansolabehere, James M. Snyder Jr.
Faculty Scholarship
No abstract provided.
The Cracked Foundations Of The Right To Secede, Donald L. Horowitz
The Cracked Foundations Of The Right To Secede, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller
Victim Impact Evidence: Hard To Find The Real Rules, Robert P. Mosteller
Faculty Scholarship
This comment has two major parts. Part I reviews some of the developments in the law relating to victim impact evidence over the last decade in light of my earlier predictions and hopes in this area. Part II examines victim catharsis and its growing importance as a justification for the receipt of victim impact evidence.
A Typology Of Multilateral Treaty Obligations: Are Wto Obligations Bilateral Or Collective In Nature?, Joost H. B. Pauwelyn
A Typology Of Multilateral Treaty Obligations: Are Wto Obligations Bilateral Or Collective In Nature?, Joost H. B. Pauwelyn
Faculty Scholarship
An important, though oft neglected, distinction between multilateral treaty obligations separates obligations of the bilateral nature from those of the collective or erga omnes partes type. Multilateral obligations of the bilateral type can be reduced to a compilation of bilateral, state-to-state relations. They can be compared to contracts. Collective obligations, in contrast, cannot be divided into bilateral components. They are concluded in pursuit of a collective interest that transcends the individual interests of the contracting parties. The standard example of such obligations are those arising under a human rights treaty. In domestic law, collective obligations can be compared to criminal …
Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine Fisk
Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine Fisk
Faculty Scholarship
No abstract provided.
Supreme Court Review, Erwin Chemerinsky
Teaching Genetics And The Law, Doriane Lambelet Coleman, Harrison F. Dillon
Teaching Genetics And The Law, Doriane Lambelet Coleman, Harrison F. Dillon
Faculty Scholarship
Book review of Lori B. Andrews et al., Genetics: Ethics, Law and Policy (West Group, 2002)
Book Review, Steven L. Schwarcz
Book Review, Steven L. Schwarcz
Faculty Scholarship
Reviewing Cross Border Collateral: Legal Risks and the Conflict of Laws (R. Potok ed., 2002).
It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.
It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Seventh Aspect Of Self-Hatred: Race, Latcrit, And Fighting The Status Quo, Jerome Mccristal Culp Jr.
Seventh Aspect Of Self-Hatred: Race, Latcrit, And Fighting The Status Quo, Jerome Mccristal Culp Jr.
Faculty Scholarship
No abstract provided.
Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne
Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.