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University of Chicago Law School

Articles

2016

Articles 61 - 78 of 78

Full-Text Articles in Law

Institutional Flip-Flops, Eric A. Posner, Cass R. Sunstein Feb 2016

Institutional Flip-Flops, Eric A. Posner, Cass R. Sunstein

Articles

No abstract provided.


The Distributive Deficit In Law And Economics, Richard H. Mcadams, Lee Anne Fennell Feb 2016

The Distributive Deficit In Law And Economics, Richard H. Mcadams, Lee Anne Fennell

Articles

No abstract provided.


Does Meaning Matter?, David A. Strauss Jan 2016

Does Meaning Matter?, David A. Strauss

Articles

A Response to Professor Fallon


The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley Jan 2016

The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley

Articles

This Essay describes and defends the Supreme Court’s role as a filter between international law and the American constitutional system. In this role,the Court ensures that when international law passes into the U.S. legal system, it does so in a manner consistent with domestic constitutional values. This filtering role is appropriate, the Essay explains, in light of the different processes used to generate international law and domestic law and the different functions served by these bodies of law. The Essay provides examples of this filtering role in four scenarios: the intersection of treaties and individual rights; the relationship between the …


Strategic Rulemaking Disclosure, Jennifer Nou, Jed Stiglitz Jan 2016

Strategic Rulemaking Disclosure, Jennifer Nou, Jed Stiglitz

Articles

No abstract provided.


Presidential Leadership And The Separation Of Powers, Eric A. Posner Jan 2016

Presidential Leadership And The Separation Of Powers, Eric A. Posner

Articles

No abstract provided.


The Paradox Of Access Justice, And Its Application To Mandatory Arbitration, Omri Ben-Shahar Jan 2016

The Paradox Of Access Justice, And Its Application To Mandatory Arbitration, Omri Ben-Shahar

Articles

No abstract provided.


Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz Jan 2016

Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz

Articles

No abstract provided.


Missing Judge Tinder, Gerald Bepko, Daniel E. Pulliam, Diane P. Wood, Richard L. Young Jan 2016

Missing Judge Tinder, Gerald Bepko, Daniel E. Pulliam, Diane P. Wood, Richard L. Young

Articles

No abstract provided.


Innovation And Inequality: Conservative And Libertarian Perspectives, Elizabeth Kregor Jan 2016

Innovation And Inequality: Conservative And Libertarian Perspectives, Elizabeth Kregor

Articles

No abstract provided.


Because And Effect: Another Take On Inclusive Communities, Lee Anne Fennell Jan 2016

Because And Effect: Another Take On Inclusive Communities, Lee Anne Fennell

Articles

No abstract provided.


Book Review (Reviewing Guido Calabresi, The Future Of Law And Economics: Essays In Reform And Recollection), Eric A. Posner Jan 2016

Book Review (Reviewing Guido Calabresi, The Future Of Law And Economics: Essays In Reform And Recollection), Eric A. Posner

Articles

No abstract provided.


Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith Jan 2016

Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Articles

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allow the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be distinct legal issues. This Article, by contrast, considers these two bodies of law together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels between the structure …


Obama’S Aumf Legacy, Curtis A. Bradley, Jack L. Goldsmith Jan 2016

Obama’S Aumf Legacy, Curtis A. Bradley, Jack L. Goldsmith

Articles

In the fifteen years since the Authorization for Use of Military Force (AUMF) was enacted on September 18,2001, the Taliban has been removed from power but not eliminated; Osama Bin Laden has been killed and the senior leaders of Al Qaeda as of 9/11 have been captured,killed, or driven underground, although Al Qaeda remains a threat; numerous Al Qaeda affiliates have sprung up around the globe, most notably in Iraq, Yemen, Syria, and Somalia; and most ominously, the Islamic State has arisen from the ashes of Al Qaeda in Iraq to become what the Director of National Intelligence has described …


Book Review: Who Are You Calling Irrational? (Reviewing Cass R. Sunstein, Why Nudge? (2014)), Aneil Kovvali Jan 2016

Book Review: Who Are You Calling Irrational? (Reviewing Cass R. Sunstein, Why Nudge? (2014)), Aneil Kovvali

Articles

No abstract provided.


A Nearly Perfect System For Convicting The Innocent, Albert W. Alschuler Jan 2016

A Nearly Perfect System For Convicting The Innocent, Albert W. Alschuler

Articles

No abstract provided.


The Sin Of Turning Away From Reality: An Interview With Father Krzysztof Charamsa, David Paternotte, Mary Anne Case, Sarah Bracke Jan 2016

The Sin Of Turning Away From Reality: An Interview With Father Krzysztof Charamsa, David Paternotte, Mary Anne Case, Sarah Bracke

Articles

No abstract provided.


Redundant Public-Private Enforcement, Zachary D. Clopton Jan 2016

Redundant Public-Private Enforcement, Zachary D. Clopton

Articles

No abstract provided.