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Full-Text Articles in Law
The Institutional Structure Of Immigration Law, Eric A. Posner
The Institutional Structure Of Immigration Law, Eric A. Posner
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No abstract provided.
The Perilous Position Of The Rule Of Law And The Administrative State, Richard A. Epstein
The Perilous Position Of The Rule Of Law And The Administrative State, Richard A. Epstein
Articles
No abstract provided.
The Supreme Court And Celebrity Culture, Richard A. Posner
The Supreme Court And Celebrity Culture, Richard A. Posner
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No abstract provided.
The Takings Clause And Partial Interests In Land: On Sharp Boundaries And Continuous Distributions, Richard A. Epstein
The Takings Clause And Partial Interests In Land: On Sharp Boundaries And Continuous Distributions, Richard A. Epstein
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No abstract provided.
When To Overthrow Your Government: The Right To Resist In The World's Constitutions, Tom Ginsburg, Daniel Lansberg-Rodriguez, Mila Versteeg
When To Overthrow Your Government: The Right To Resist In The World's Constitutions, Tom Ginsburg, Daniel Lansberg-Rodriguez, Mila Versteeg
Articles
No abstract provided.
How Business Fares In The Supreme Court, Richard A. Posner, Lee Epstein, William M. Landes
How Business Fares In The Supreme Court, Richard A. Posner, Lee Epstein, William M. Landes
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No abstract provided.
Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner
Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner
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No abstract provided.
International Paretianism: A Defense, David A. Weisbach, Eric A. Posner
International Paretianism: A Defense, David A. Weisbach, Eric A. Posner
Articles
A treaty satisfies what we call International Paretianism (P) if it advances the interests of all states that join it, so that no state is made worse off The principle might seem obvious, but it rules out nearly all the major proposals for a climate treaty, including proposals advanced by academics and by government officials. We defend IP, and for that reason urge commentators in the debate over climate justice to abandon efforts to right past wrongs, redistribute wealth, and achieve other abstract ideals through a climate treaty. Instead, the goal should be to develop a feasible treaty that states …
Rethinking The Federal Eminent Domain Power, William Baude
Rethinking The Federal Eminent Domain Power, William Baude
Articles
It is black-letter law that the federal government has the power to take land through eminent domain. This modern understanding, however, is a complete departure from the Constitution’s historical meaning. From the Founding until the Civil War, the federal government was thought to have an eminent domain power only within the District of Columbia and the territories—but not within states. Politicians and judges (including in two Supreme Court decisions) repeatedly denied the existence of such a power, and when the federal government did need to take land, it relied on state cooperation to do so. People during this period refused …