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Full-Text Articles in Law
Law Of Implicit Bias, The, Cass R. Sunstein, Christine Jolls
Law Of Implicit Bias, The, 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 …
A New Progressivism, Cass R. Sunstein
A New Progressivism, Cass R. Sunstein
Articles
There are serious problems with the two twentieth-century approaches to government: the way of markets and the way of planning. The New Progressivism simultaneously offers (1) a distinctive conception of government's appropriate means, an outgrowth of the late-twentieth-century critique of economic planning, and (2) a distinctive understanding of government's appropriate ends, an outgrowth of evident failures with market arrangements and largely a product of the mid-twentieth-century critique of laissez faire. The New Progressivism emphasizes the need to replace bans and commands with appropriate incentives, and to attend to social norms and social meanings in leading human behavior in welfare-promoting directions. …
International Law And The Rise Of China, Eric A. Posner, John C. Yoo
International Law And The Rise Of China, Eric A. Posner, John C. Yoo
Articles
No abstract provided.
Civility And Dissent During Wartime, Geoffrey R. Stone
Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell
Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell
Articles
No abstract provided.
Separation Versus Accommodation: Why We Should Favor The Latter, Richard A. Epstein
Separation Versus Accommodation: Why We Should Favor The Latter, Richard A. Epstein
Articles
No abstract provided.
Welsh S. White: Dedicated Scholar, Devoted Colleague, And Dear Friend, Albert Alschuler
Welsh S. White: Dedicated Scholar, Devoted Colleague, And Dear Friend, Albert Alschuler
Articles
No abstract provided.
Beyond Recidivism, Douglas G. Baird
Introduction To Symposium: Homo Economicus, Homo Myopicus, And The Law And Economics Of Consumer Choice, Douglas G. Baird, Richard A. Epstein, Cass R. Sunstein
Introduction To Symposium: Homo Economicus, Homo Myopicus, And The Law And Economics Of Consumer Choice, Douglas G. Baird, Richard A. Epstein, Cass R. Sunstein
Articles
No abstract provided.
The New International Law Scholarship, Eric A. Posner, Jack L. Goldsmith
The New International Law Scholarship, Eric A. Posner, Jack L. Goldsmith
Articles
No abstract provided.
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
There Are No Penalty Default Rules In Contract Law, Eric A. Posner
There Are No Penalty Default Rules In Contract Law, Eric A. Posner
Articles
In an influential article, Ian Ayres and Robert Gertner introduced the concept of the "penalty default rule," a rule that fills a gap in an incomplete contract with a term that would not be chosen by a majority of parties similarly situated to the parties to the contract in question. Ayres and Gertner argued that such a rule might be efficient in a model in which contracting parties have asymmetric information. However, Ayres and Gertner did not provide any persuasive examples of penalty default rules; their best example is the Hadley rule, but this rule is probably not a penalty …
One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk
One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk
Articles
No abstract provided.
Law School Rankings, Richard A. Posner
Law School Rankings, Richard A. Posner
Articles
Rank ordering is a crude but economical method of conveying information that assists "consumers" (such as prospective law students) to make choices; hence the popularity of the law school rankings by U.S. News & World Report ("U.S. News'). However, U.S. News's rankings are vitiated by the arbitrary weights attached to the different factors on which the rankings are based. This paper explores a variety of alternatives, beginning with the mean LSAT score of the student body, and emphasizes that the design of a ranking system is relevant to the interest of the people whom the rankings are intended to guide. …
The Role Of The Judge In The Twenty-First Century, Richard A. Posner
The Role Of The Judge In The Twenty-First Century, Richard A. Posner
Articles
In my youthful, scornful way, I recognized four kinds of judgments; first the cogitative, of and by reflection and logomancy; second, aleatory, of and by the dice; third, intuitive, of and by feeling or "hunching;" and fourth, asinine, of and by an ass; and in that same youthful, scornful way I regarded the last three as only variants of each other, the results of processes all alien to good judges.
Tilting At Windmills: Brown Ii And The Hopeless Quest To Resolve Deep-Seated Social Conflict Through Litigation, Gerald Rosenberg
Tilting At Windmills: Brown Ii And The Hopeless Quest To Resolve Deep-Seated Social Conflict Through Litigation, Gerald Rosenberg
Articles
No abstract provided.
The Superiority Of An Ideal Consumption Tax Over An Ideal Income Tax, David A. Weisbach, Joseph Bankman
The Superiority Of An Ideal Consumption Tax Over An Ideal Income Tax, David A. Weisbach, Joseph Bankman
Articles
This Article considers the arguments regarding the choice between an ideal income tax and an ideal consumption tax, focusing on an argument first made by Atkinson and Stiglitz regarding neutral taxation of commodities. This argument shows that, under its assumptions, a properly designed consumption tax is Pareto superior to an income tax: it is either more efficient, more redistributive, or both. The Article illustrates the Atkinson-Stiglitz argument using the simple case in which investments produce risk-free returns, and individuals vary by their ability. It then considers more complex cases, such as risky returns, inherited wealth, heterogeneous savings rates, and the …
Do We Have Too Many Intellectual Property Rights?, Richard A. Posner
Do We Have Too Many Intellectual Property Rights?, Richard A. Posner
Articles
No abstract provided.
Presidential Signing Statements And Executive Power, Curtis A. Bradley, Eric A. Posner
Presidential Signing Statements And Executive Power, Curtis A. Bradley, Eric A. Posner
Articles
A recent debate about the Bush administration's use of presidential signing statements has raised questions about their function, legality, and value. We argue that presidential signing statements are legal and that they provide a useful way for the president to disclose his views about the meaning and constitutionality of legislation. In addition, basic tenets of positive political theory suggest that signing statements do not undermine the separation of powers or the legislative process and that, under certain circumstances, they can provide relevant evidence of statutory meaning. Although President Bush has raised many more constitutional challenges within his signing statements than …
Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley
Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley
Articles
No abstract provided.
Locking In Democracy: Constitutions, Commitment, And International Law, Tom Ginsburg
Locking In Democracy: Constitutions, Commitment, And International Law, Tom Ginsburg
Articles
No abstract provided.
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Tom Ginsburg, Paul F. Diehl
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Tom Ginsburg, Paul F. Diehl
Articles
No abstract provided.
Lay Persons And Community Values In Reviewing Animal Experimentation, Jeff Leslie
Lay Persons And Community Values In Reviewing Animal Experimentation, Jeff Leslie
Articles
No abstract provided.
The Prime Directive, Douglas G. Baird, Robert K. Rasmussen
The Prime Directive, Douglas G. Baird, Robert K. Rasmussen
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No abstract provided.
Our Ignorance About Intelligence, Richard A. Epstein
Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Peñalver
Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Peñalver
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No abstract provided.
What Light If Any Does The Google Print Dispute Shed On Intellectual Property Law?, Richard A. Epstein
What Light If Any Does The Google Print Dispute Shed On Intellectual Property Law?, Richard A. Epstein
Articles
No abstract provided.
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
Articles
No abstract provided.
Why Blogs Are Bad For Legal Scholarship, Brian Leiter
International Law: A Welfarist Approach, Eric A. Posner
International Law: A Welfarist Approach, Eric A. Posner
Articles
This Article evaluates international law from a welfarist perspective. Global welfarism requires that international law advance the well-being of everyone in the world, and scholars influenced by global welfarism and similar cosmopolitan principles have advocated radical restructuring of international law. But global welfarism is subject to several constraints; including (1) heterogeneity of preferences of the world population, which produces the state system; (2) agency costs, which produce imperfect governments; and (3) the problem of collective action. These constraints place limits on what policies motivated by global welfarism can achieve and explain some broad features of international law that otherwise remain …