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Full-Text Articles in Law
Civil Liberties V. National Security In The Law's Open Areas, Geoffrey R. Stone
Civil Liberties V. National Security In The Law's Open Areas, Geoffrey R. Stone
Articles
No abstract provided.
'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz
'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz
Articles
This is an Article about using reputation-tracking technologies to displace criminal law enforcement and improve the tort system. The Article contains an extended application of this idea to the regulation of motorist behavior and examines the broader case for using technologies that aggregate dispersed information in various settings where reputational concerns do not adequately deter uncooperative behavior. The Article proposes a compulsory "How's My Driving?" program for all motor vehicles. Although more rigorous study is warranted, the initial data from voluntary "How's My Driving?" programs is quite promising, suggesting that the use of "How's My Driving?" placards on commercial trucks …
The Law Of Other States, Eric A. Posner, Cass R. Sunstein
The Law Of Other States, Eric A. Posner, Cass R. Sunstein
Articles
The question of whether courts should consult the laws of "other states" has produced intense controversy. But in some ways, this practice is entirely routine; within the United States, state courts regularly consult the decisions of other state courts in deciding on the common law, the interpretation of statutory law, and even the meaning of state constitutions. A formal argument in defense of such consultation stems from the Condorcet Jury Theorem, which says that under certain conditions, a widespread belief accepted by a number of independent actors, is highly likely to be correct. It follows that if a large majority …
Information Asymmetries And The Rights To Exclude, Lior Strahilevitz
Information Asymmetries And The Rights To Exclude, Lior Strahilevitz
Articles
No abstract provided.
The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls
The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls
Articles
Considerable attention has been given to the Implicit Association Test (IA T), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of "debiasing …
Legal Reason: The Use Of Analogy In Legal Argument, Richard A. Posner
Legal Reason: The Use Of Analogy In Legal Argument, Richard A. Posner
Articles
No abstract provided.
Reasoning By Analogy (Reviewing Lloyd L. Weinreb, Legal Reason: The Use Of Analogy In Legal Argument (2005)), Richard A. Posner
Reasoning By Analogy (Reviewing Lloyd L. Weinreb, Legal Reason: The Use Of Analogy In Legal Argument (2005)), Richard A. Posner
Articles
No abstract provided.
Misfearing: A Reply, Cass R. Sunstein
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
Articles
Richard Falk famously argued that domestic courts should operate as "agents of the international order."1 Recent academic debates over the role of international law in the U.S. legal system, and over the relevance of foreign and international materials in U.S. constitutional interpretation, are at least in part debates about this proposition. Modern variants of Falk's claim can be found in the works of scholars such as Harold Koh, Jennifer Martinez, and Anne-Marie Slaughter.2 These and other "internationalist" scholars consider the U.S. judiciary as part of a "global community of courts,"emphasize the values of international cross-fertilization and harmonization, and …
Comparative Domestic Constitutionalism: Rethinking Criminal Procedure Using The Administrative Constitution, John Rappaport
Comparative Domestic Constitutionalism: Rethinking Criminal Procedure Using The Administrative Constitution, John Rappaport
Articles
No abstract provided.
Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo Peñalver
Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo Peñalver
Articles
No abstract provided.
Efficient Responses To Catastrophic Risk, Richard A. Posner
Efficient Responses To Catastrophic Risk, Richard A. Posner
Articles
No abstract provided.
Freedom Of The Press In Time Of War, Geoffrey R. Stone
Behavioral Economics: Human Errors And Market Corrections, Richard A. Epstein
Behavioral Economics: Human Errors And Market Corrections, Richard A. Epstein
Articles
No abstract provided.
Emergencies And Democratic Failure, Eric A. Posner, Adrian Vermeule
Emergencies And Democratic Failure, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
Case Comment Sanchez-Llamas V. Oregon, Curtis A. Bradley
Case Comment Sanchez-Llamas V. Oregon, Curtis A. Bradley
Articles
No abstract provided.
Government Secrets, Constitutional Law, And Platforms For Judicial Intervention, Adam M. Samaha
Government Secrets, Constitutional Law, And Platforms For Judicial Intervention, Adam M. Samaha
Articles
American law has yet to reach a satisfying conclusion about public access to information on government operations. But recent events are prompting reconsideration of the status quo. As our current system is reassessed, three shortfalls in past debates should be overcome. The first involves ignorance of foreign systems. Other democracies grapple with information access problems, and their recent experiments are illuminating. Indeed they expose two additional domestic weaknesses. One is a line we have drawn within constitutional law. Courts and commentators tend to treat constitutional issues of public access separately from those of executive discretion to withhold information, but these …
Habeas Settlements, Anup Malani
Mandatory Access Obligations And Standing, Randal C. Picker
Mandatory Access Obligations And Standing, Randal C. Picker
Articles
No abstract provided.
Judicial Autonomy In A Political Environment, Richard A. Posner
Judicial Autonomy In A Political Environment, Richard A. Posner
Articles
No abstract provided.
Common-Law Economic Torts: An Economic And Legal Analysis, Richard A. Posner
Common-Law Economic Torts: An Economic And Legal Analysis, Richard A. Posner
Articles
No abstract provided.
Prosecuting The Press For Publishing Classified Information, Geoffrey R. Stone
Prosecuting The Press For Publishing Classified Information, Geoffrey R. Stone
Articles
No abstract provided.
Justice Breyer Throws Down The Gauntlet (Reviewing Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005)), Richard A. Posner
Justice Breyer Throws Down The Gauntlet (Reviewing Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005)), Richard A. Posner
Articles
No abstract provided.
Burkean Minimalism, Cass R. Sunstein
Burkean Minimalism, Cass R. Sunstein
Articles
Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an insistence on respect for traditional practices and an intense distrust of those who would renovate social practices by reference to moral or political reasoning of their own. An understanding of the uses and limits of Burkean minimalism helps to illuminate a number of current debates, including those involving substantive due process, the Establishment Clause, and the power of the president to protect national security. Burkean minimalists oppose, and …
Private Debt And The Missing Lever Of Corporate Governance, Douglas G. Baird, Robert K. Rasmussen
Private Debt And The Missing Lever Of Corporate Governance, Douglas G. Baird, Robert K. Rasmussen
Articles
Traditional approaches to corporate governance focus exclusively on shareholders and neglect the large and growing role of creditors. Today's creditors craft elaborate covenants that give them a large role in the affairs of the corporation. While they do not exercise their rights in sunny times when things are going well, these are not the times that matter most. When a business stumbles, creditors typically enjoy powers that public shareholders never have, such as the ability to replace the managers and install those more to their liking. Creditors exercise these powers even when the business is far from being insolvent and …
Peer Comparisons And Consumer Debt, Gary S. Becker, Luis Rayo
Peer Comparisons And Consumer Debt, Gary S. Becker, Luis Rayo
Articles
No abstract provided.
Foreword To Boilerplate: Foundations Of Market Contracts Symposium, Omri Ben-Shahar
Foreword To Boilerplate: Foundations Of Market Contracts Symposium, Omri Ben-Shahar
Articles
No abstract provided.
Foreign Sources And The American Constitution, Frank H. Easterbrook
Foreign Sources And The American Constitution, Frank H. Easterbrook
Articles
No abstract provided.
Undue Process, Adam M. Samaha
Undue Process, Adam M. Samaha
Articles
This Article explores the relationship of the US. Constitution to the costs of government decision making. Constitutional law clearly can escalate these costs, as when the Due Process Clauses are read to mandate additional procedure not otherwise favored by decisionmakers. This much is understood But the Constitution and its doctrine sometimes put downward pressure on decision costs. We lack a systematic investigation of when this is, and should be, true. The Article makes three general claims: (1) The entire Constitution tends to reduce decision costs insofar as it is a focal point for confining disputes, and empirical work suggests that …
The Fundamental Deficiencies Of The Agreement On Safeguards: A Reply To Professor Lee, Alan O. Sykes
The Fundamental Deficiencies Of The Agreement On Safeguards: A Reply To Professor Lee, Alan O. Sykes
Articles
No abstract provided.