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University of Chicago Law School

Series

1989

Articles 31 - 51 of 51

Full-Text Articles in Law

Afterword: On Being A Commercial Court, Frank H. Easterbrook Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

Legislation And Its Interpretation: A Primer, Richard A. Posner

Articles

No abstract provided.


Philistinism In Law, Richard A. Posner Jan 1989

Philistinism In Law, Richard A. Posner

Articles

No abstract provided.


Low Value Speech Revisited, Cass R. Sunstein Jan 1989

Low Value Speech Revisited, Cass R. Sunstein

Articles

No abstract provided.


Six Theses On Interpretation Symposium, Cass R. Sunstein Jan 1989

Six Theses On Interpretation Symposium, Cass R. Sunstein

Articles

No abstract provided.


The Religion Clauses Of The First Amendment: Where Is The Supreme Court Heading?, Michael W. Mcconnell Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


On Theory And Practice: Reply To 'Richard Posner's Praxis', Richard A. Posner Jan 1989

On Theory And Practice: Reply To 'Richard Posner's Praxis', Richard A. Posner

Articles

No abstract provided.


International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

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 Jan 1989

Hegel And Employment At Will: A Comment, Richard A. Posner

Articles

No abstract provided.


Presidential Review, Frank H. Easterbrook Jan 1989

Presidential Review, Frank H. Easterbrook

Articles

No abstract provided.