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Full-Text Articles in Law
Law And Engineering: In Search Of The Law-Science Problem, Jerry L. Mashaw
Law And Engineering: In Search Of The Law-Science Problem, Jerry L. Mashaw
Law and Contemporary Problems
Lawyers and scientists both have the intellectual conceit that a well-defined problem is not only a necessary, but almost a sufficient, condition for a successful solution. Mashaw examines the applied science of engineering in the context of health and safety regulation, focusing on the law-science interface at the NHTSA.
Codes, Cultures, Chaos, And Champions: Common Features Of Legal Codification Experiences In China, Europe, And North America, John W. Head
Codes, Cultures, Chaos, And Champions: Common Features Of Legal Codification Experiences In China, Europe, And North America, John W. Head
Duke Journal of Comparative & International Law
No abstract provided.
Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky
Entrenchment Of Ordinary Legislation: A Reply To Professors Posner And Vermeule, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
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 …