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Full-Text Articles in Law
Afterword: On Being A Commercial Court, Frank H. Easterbrook
Afterword: On Being A Commercial Court, Frank H. Easterbrook
Articles
No abstract provided.
The Grand Illusion: A Neutral System For The Taxation Of International Transactions, Julie Roin
The Grand Illusion: A Neutral System For The Taxation Of International Transactions, Julie Roin
Articles
No abstract provided.
Unconstitutional Conditions: Unrecognized Implications For The Establishment Clause, Michael W. Mcconnell
Unconstitutional Conditions: Unrecognized Implications For The Establishment Clause, Michael W. Mcconnell
Articles
One great advantage of a general theory of unconstitutional conditions is that it makes it more difficult for courts to disguise their antipathy or indifference toward the exercise of particular constitutional rights by manipulating undefined notions of "coercion" and "subsidy." The Supreme Court has held that the government may not deny benefits to a person who is out of work for religious reasons;1 but it may deny benefits to those who lose work because of pregnancy 2 or participation in a labor dispute.3 It has held that government subsidies may (and in some instances must) be denied to …
Legislation And Its Interpretation: A Primer, Richard A. Posner
Legislation And Its Interpretation: A Primer, Richard A. Posner
Articles
No abstract provided.
Philistinism In Law, Richard A. Posner
Low Value Speech Revisited, Cass R. Sunstein
Six Theses On Interpretation Symposium, Cass R. Sunstein
Six Theses On Interpretation Symposium, Cass R. Sunstein
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No abstract provided.
The Religion Clauses Of The First Amendment: Where Is The Supreme Court Heading?, Michael W. Mcconnell
The Religion Clauses Of The First Amendment: Where Is The Supreme Court Heading?, Michael W. Mcconnell
Articles
For almost a decade observers have predicted that the Supreme Court would reconsider its approach to interpreting the religion clauses of the first amendment. For some, this was an outcome to be feared; for others, it was to be welcomed. Optimist and pessimist alike, the Court has repeatedly proven them wrong. Once again, the Court appears on the verge of change. Maybe this time it will come to pass.
If doctrinal confusion and incoherence are predictors of doctrinal change, then change is surely on the way. Consider two recent decisions. According to the Supreme Court, the Constitution permits the State …
Interpreting Statutes In The Regulatory State, Cass R. Sunstein
Interpreting Statutes In The Regulatory State, Cass R. Sunstein
Articles
Discussing the judge's role in interpreting statutes, Justice Holmes wrote that "if my fellow citizens want to go to Hell I will help them. It's my job."' Critics of the view of the courts as passive agents of the legislature claim that it understates the difficulty of interpretation, the indeterminacy of both the language and the will of the citizens, and the resulting discretion of the judge. Similarly, a vigorous debate continues over the proper role of the traditional sources of statutory interpretation - the text, the legislative history, the purpose of the enacting Congress, and the structure of the …
On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein
On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein
Articles
No abstract provided.
The Supreme Court And The Jury: Voir Dire, Peremptory Challenges, And The Review Of Jury Verdicts, Albert Alschuler
The Supreme Court And The Jury: Voir Dire, Peremptory Challenges, And The Review Of Jury Verdicts, Albert Alschuler
Articles
No abstract provided.
The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel
The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel
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No abstract provided.
On Theory And Practice: Reply To 'Richard Posner's Praxis', Richard A. Posner
On Theory And Practice: Reply To 'Richard Posner's Praxis', Richard A. Posner
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No abstract provided.
International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood
International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood
Articles
No abstract provided.
The Utilitarian Foundations Of Natural Law, Richard A. Epstein
The Utilitarian Foundations Of Natural Law, Richard A. Epstein
Articles
No abstract provided.
Efficient Capital Markets The Crash And The Fraud On The Market Theory, Daniel R. Fischel
Efficient Capital Markets The Crash And The Fraud On The Market Theory, Daniel R. Fischel
Articles
No abstract provided.
Administrative Law Symposium: Question & Answer With Professors Elliott, Strauss, And Sunstein, Cass R. Sunstein, Donald Ellicott, Dick Pierce, Peter L. Strauss
Administrative Law Symposium: Question & Answer With Professors Elliott, Strauss, And Sunstein, Cass R. Sunstein, Donald Ellicott, Dick Pierce, Peter L. Strauss
Articles
No abstract provided.
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
Articles
No abstract provided.
An Essay In Separation Of Powers: Some Early Versions And Practices, Gerhard Casper
An Essay In Separation Of Powers: Some Early Versions And Practices, Gerhard Casper
Articles
No abstract provided.
Hegel And Employment At Will: A Comment, Richard A. Posner
Hegel And Employment At Will: A Comment, Richard A. Posner
Articles
No abstract provided.
Presidential Review, Frank H. Easterbrook