Law Commons^™

Why (And How) Fairness Matters At The Ip/Antitrust Interface, Daniel A. Farber, Brett H. Mcdonnell

Daniel A Farber

No abstract provided.

When The Court Has A Party, How Many "Friends" Show Up? A Note On The Statistical Distribution Of Amicus Brief Filings, Daniel A. Farber

Daniel A Farber

No abstract provided.

What (If Anything) Can Economics Say About Equity?, Daniel A. Farber

Daniel A Farber

Does economics have anything to teach us about the meaning of fairness? The leading practitioners of law and economics disagree. Judge Richard Posner argues that economics is largely irrelevant to distributive issues. Posner maintains that the most useful economic measure of social welfare is cost-benefit analysis (which he calls wealth maximization). But, he observes, this economic measure "ratifies and perfects an essentially arbitrary distribution of wealth." Given an ethically acceptable initial assignment of wealth, rules based on economic efficiency may have some claim to be considered fair. On the critical issue of distributional equity, however, Posner apparently believes that economics …

The Zapp Complex, Daniel A. Farber

Daniel A Farber

No abstract provided.

The Rule Of Law And The Law Of Precedents, Daniel A. Farber

Daniel A Farber

No abstract provided.

Toxic Causation, Daniel A. Farber

Daniel A Farber

No abstract provided.

The Pariah Principle., Daniel A. Farber, Suzanna Sherry

Daniel A Farber

No abstract provided.

The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber

Daniel A Farber

At the end of the summer of 1787, the Philadelphia Convention issued two documents. One was the Constitution itself. The other document, now almost forgotten even by constitutional historians, was an official letter to Congress, signed by George Washington on behalf of the Convention. Congress responded with a resolution that the Constitution and "letter accompanying the same" be sent to the state legislatures for submission to conventions in each state.

The Washington letter lacks the detail and depth of some other evidence of original intent. Being a cover letter, it was designed only to introduce the accompanying document rather than …

The Deconstructed Grocery List, Daniel A. Farber

Daniel A Farber

No abstract provided.

The Ideological Origins Of The Fourteenth Amendment, Daniel A. Farber, John E. Muench

Daniel A Farber

No abstract provided.

The Legacy Of Reserve Mining, Daniel A. Farber

Daniel A Farber

No abstract provided.

The Bush Court, Daniel A. Farber

Daniel A Farber

No abstract provided.

The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Suzanna Sherry, Daniel A. Farber

Daniel A Farber

Last April, Professors Daniel Farber and Suzanna Sherry published a critique in these pages of the legal storytelling movement. Their legal position has been the subject of several responses, including an essay by Professor William Eskridge in this issue. In reply, Professors Farber and Sherry challenge their critics' reliance on postmodern views such as social constructionism. Social constructionism, according to Farber and Sherry, embraces forms of community that would be destructive to the scholarly enterprise. It also risks conflating scholarship with politics in ways harmful to both. More generally, Farber and Sherry contend, postmodernism lacks any clear lessons for legal …

Teaching The Commerce Clause: A Problem Approach, Daniel A. Farber

Daniel A Farber

No abstract provided.

The Case Against Brilliance, Daniel A. Farber

Daniel A Farber

No abstract provided.

The "Unwritten Constitution" And The U. C.C., Daniel A. Farber

Daniel A Farber

No abstract provided.

Public Choice And Just Compensation., Daniel A. Farber

Daniel A Farber

No abstract provided.

Shocking The Conscience: Pragmatism, Moral Reasoning, And The Judiciary. Book Review Of The Problematics Of Moral And Legal Theory. By Richard A. Posner, Daniel A. Farber

Daniel A Farber

Book review of The Problematics of Moral and Legal Theory. By Richard A. Posner. Harvard University Press. 1999. Pp. 310. Reviewed by: Daniel A. Farber

Revitalizing Regulation, Daniel A. Farber

Daniel A Farber

A Review of Reinventing Government: How the Entrepreneurial Spirit is Transforming the Public Sector by David Osborne and Rethinking the Progressive Agenda: The Reform of the American Regulatory State by Susan Rose-Ackerman

State Regulation And The Dormant Commerce Clause., Daniel A. Farber

Daniel A Farber

No abstract provided.

Public Choice Revisited, Daniel A. Farber, Philip P. Frickey

Daniel A Farber

Although not the first book on public choice_ for a legal audience, Max Stearns's Public Choice and Public Law is the first full-scale textbook for law school use. An ambitious undertaking by a rising young scholar, the book provides law students with a comprehensive introduction to public choice. Public choice - essentially, the application of economic reasoning to political institutions - has become a significant aspect of public law scholarship. Indeed, in his Foreword, Saul Levmore hails public choice as "[t]he most exciting intellectual development in law schools in the last decade" (p. xi). Be that as it may, the …

Regulatory Review In Anti-Regulatory Times, Daniel A. Farber

Daniel A Farber

This article investigates the role of cost-benefit analysis during an antiregulatory period. The period since 2016 has seen several new developments, including the first vigorous use by Congress of its power to overturn recently issued regulations and the creation of novel deregulatory mechanisms layered on top of cost-benefit analysis. This period also contains important examples of sharply reversed CBAs, in which regulations that were said to have large net benefits under Obama are instead said to have net costs under Trump. The Trump Administration’s regulatory review initiatives focus heavily on costs, with limited attention to benefits. Case studies of three …

Poverty, Earnings, And Discrimination, Daniel A. Farber

Daniel A Farber

No abstract provided.

Poverty And Discrimination: Notes On American Apartheid, Daniel A. Farber

Daniel A Farber

No abstract provided.

Murray's Modest Proposal--Abolishing Welfare And Affirmative Action, Daniel A. Farber

Daniel A Farber

No abstract provided.

Legislative Deals And Statutory Bequests, Daniel A. Farber

Daniel A Farber

No abstract provided.

Is The Radical Critique Of Merit Anti-Semitic?, Suzanna Sherry, Daniel A. Farber

Daniel A Farber

Conventional concepts of merit are under attack by some Critical Legal Scholars, Critical Race Theorists, and radical feminists. These critics contend that "merit" is only a social construct designed to maintain the power of dominant groups. This Article challenges the reductionist view that merit has no meaning except as a tool for those in power to perpetuate the existing social order. The authors observe that certain traditionally oppressed groups, most notably Jews and Asian Americans, are disproportionately represented in some desirable economic and educational positions. They have in that sense "succeeded" beyond the supposedly dominant majority. The economic and educational …

Is The Supreme Court Irrelevant--Reflections On The Judicial Role In Environmental Law, Daniel A. Farber

Daniel A Farber

No abstract provided.

Liberalism Lost. Book Review Of: The Trouble With Principle. By Stanley Fish, Daniel A. Farber

Daniel A Farber

No abstract provided.

In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey

Daniel A Farber

In this essay, we explore how modem common law judges should view their role vis-a-vis the legislature. We suggest that the perspective of the "New Public Law," as we conceptualize it, is surprisingly helpful in considering this problem.

In Part I, we briefly summarize two important aspects of the New Public Law: republicanism and public choice. We then address an obvious objection to our project - that our topic relates to private law, and is therefore outside the purview of the New Public Law. Part II turns to important questions about the relationship between statutes and the common law: When …