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Articles 1 - 30 of 211
Full-Text Articles in Law
Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky
Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky
Articles
Upon the enactment of the Employee Retirement Income Security Act of 1974 ("ERISA"), few would have predicted that, a generation later, ERISA's provisions preempting state law would be front page news, a central topic of national debate about health care and its regulation. Similarly, few foresaw at the time ERISA was adopted that the United States Supreme Court would have great difficulty construing ERISA's preemption provisions. By the same token, in 1974 the contemporary revival of interest in statutory textualism lay well into the future.
Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn
Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn
Articles
This article equates the providers of traditional electronic payment services with the Titans of Greek mythology, and the providers of new electronic payment technologies with the Olympians. Professor Winn concludes, however, that unlike the Titans of Greek mythology, these modern Titans appear to be winning in their battle with the upstart Olympians. This article describes the fundamental characteristics of payment systems, reviews the applicable law, and describes the new technologies that were, until quite recently, expected to displace older electronic payment systems. Professor Winn finds that consumers and merchants, by and large, are happy with the existing regulatory structure. And, …
Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon
Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon
Articles
No abstract provided.
Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein
Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein
Articles
No abstract provided.
The Jury And Scientific Evidence, Richard O. Lempert
The Jury And Scientific Evidence, Richard O. Lempert
Articles
Read court decisions and commentaries from 100, or evenfive years ago, and you will find that experts and scientific evidence were causing problems then just as they are causing problems now. I do not think that Daubert, Kumho Tire, or any change in a rule of evidence will keep expert scientific testimony from being a difficult area for the legal system. Yet we must still ask: "What are the best terms on which to deal with scientific experts, and how can weimprove the system?"
Letters Of Credit, Voidable Preferences, And The Independence Principle, William H. Widen, David Gray Carlson
Letters Of Credit, Voidable Preferences, And The Independence Principle, William H. Widen, David Gray Carlson
Articles
No abstract provided.
Regulating Doctors, Carl E. Schneider
Regulating Doctors, Carl E. Schneider
Articles
Alawyer today can hardly speak to a doctor--or even be treated by one-without being assailed by lawyer jokes. These jokes go well beyond good-humored badinage and pass the line into venom and gall. They reflect, I think, the sense many doctors today have that they are embattled and endangered, cruelly subject to pervasive and perverse controls. This is puzzling, almost to the point of mystery. Doctors have long been the American profession with the greatest social prestige, the greatest wealth, and the greatest control over its work. Indeed, what other profession has been as all-conquering? One may need to go …
Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert
Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert
Articles
In their recent Arizona Law Review article entitled What Juries Can't Do Well: The Jury's Performance As a Risk Manager,' Professors Reid Hastie and W. Kip Viscusi purport to show that juries are likely to do a poor job in setting punitive damages, largely because jurors cannot avoid the influence of what is called "hindsight bias," or the tendency to see the likelihood of an event higher in retrospect than it would have appeared before it happened. In particular, they argue that hindsight bias and other cognitive biases undermine the utility of jury-set punitive damage awards as risk management devices. …
Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin
Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin
Articles
In the years since Perri Victor's divorce has been finalized, she has tried to move on with her life. She is raising a young daughter from that marriage and finishing up law school. Perri and Warren Victor were married in an Orthodox Jewish ceremony in Florida in 1976. They received a civil divorce in 1990. However, as an Observant Jew, Perri cannot remarry until Warren gives her a Jewish religious divorce known as a get. Since late 1987, she has been pleading with Warren to give her a get. When Warren asked her to give up a portion of her …
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
Articles
No abstract provided.
The Case Of The Speluncean Explorers: Revisited, Cass R. Sunstein
The Case Of The Speluncean Explorers: Revisited, Cass R. Sunstein
Articles
No abstract provided.
The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook
The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook
Articles
No abstract provided.
The Enduring Difference Of Youth, David Yellen
Family Law In The Age Of Distrust, Carl E. Scheider
Family Law In The Age Of Distrust, Carl E. Scheider
Articles
I have been invited to examine the relationship between American culture and American family law at the end of the century. No doubt I was foolish to accept the invitation, since the topic can hardly be sketched, much less discussed, within the compass of even a lengthy article. On the other hand, that happy fault forces me to accept the luxury of writing a speculative essay and of eschewing the footnotes that are the misery (and majesty) of the academic lawyer. But even thus set free I am still enchained. Family law is shaped by more cultural forces than I …
Atticus Finch, In Context, Randolph N. Stone
The Assault That Failed: The Progressive Critique Of Laissez Faire (Reviewing Barbara H. Fried, The Progressive Assault On Laissez Faire : Robert Hale And The First Law And Economics Movement (1998)), Richard A. Epstein
Articles
No abstract provided.
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Articles
No abstract provided.
Sentence Discounts And Sentencing Guidelines For Juveniles, David Yellen
Sentence Discounts And Sentencing Guidelines For Juveniles, David Yellen
Articles
No abstract provided.
Civil Settlement During Rape Prosecutions, William Hubbard
Civil Settlement During Rape Prosecutions, William Hubbard
Articles
No abstract provided.
The Questionable Empirical Basis Of Article 2'S Incorporation Strategy: A Preliminary Study, Lisa Bernstein
The Questionable Empirical Basis Of Article 2'S Incorporation Strategy: A Preliminary Study, Lisa Bernstein
Articles
No abstract provided.
Breard, Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley
Breard, Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley
Articles
In its decision last Term in 'Breard v. Greene,' the Supreme Court refused to stay the execution of Angel Breard, an inmate in Virginia, even though Virginia had violated a treaty on consular relations and the International Court of Justice had ordered the United States to "take all measures at its disposal" to stay the execution. The international law academy has been heavily critical of the Supreme Court's decision and other aspects of the United States' handling of the Breard case. In this article Professor Bradley argues that the criticisms by the academy reflect an "international conception" of the relationship …
Tribute To Curtis J. Berger, Michael H. Schill
Introduction To Baxter Symposium, Richard A. Posner
Must Formalism Be Defended Empirically ?, Cass R. Sunstein
Must Formalism Be Defended Empirically ?, Cass R. Sunstein
Articles
No abstract provided.
The (Limited) Role Of Regulatory Harmonization In International Goods And Services Markets, Alan O. Sykes
The (Limited) Role Of Regulatory Harmonization In International Goods And Services Markets, Alan O. Sykes
Articles
With the conclusion of the Uruguay Round and its agreements relating to technical barriers, much attention has been devoted to the possibility of harmonizing international regulatory policies to reduce the impediments to commerce that result from regulatory heterogeneity. This paper argues that, as a normative matter, harmonization is inferior to a legal system that tolerates regulatory differences subject to legal constraints, and that relies on mutual recognition where appropriate (the exception to this claim being matters of technical compatibility between products). Related, as a positive matter, harmonization will often lack any political constituency and thus instances of true harmonization will …
An Army Of Lovers?: Queering The Ministry Of Defense Report Of The Homosexual Policy Assessment Team, Bruce Carolan
An Army Of Lovers?: Queering The Ministry Of Defense Report Of The Homosexual Policy Assessment Team, Bruce Carolan
Articles
Certain queer theorists argue that gay men and lesbians are banned from military service in certain countries not due to a fear of otherness. Instead, they are prohibited from serving precisely because of a fear that the opposite might be true -- that introducing openly gay people into a 'homosocial' environment might destabilize accepted notions of sexuality among members of the service who presently constitute themselves as heterosexual. This article explores that idea in the context of the Report of the Homosexual Policy Assessment Team established to defend exclusion of openly gay people from military service in the United Kingdom. …
American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia
American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia
Articles
No abstract provided.
Changes, Anticipations, And Reparations, Saul Levmore
Changes, Anticipations, And Reparations, Saul Levmore
Articles
Conventional views of legal change emphasize the values of certainty and reliance, and are therefore hostile to explicitly retroactive laws. Contemporary scholarship, however, allows that a policy of aggressive legal change, with no compensation for "new losers," can encourage socially useful steps in anticipation of change. Professor Levmore argues that the anticipation-oriented approach logically extends to embrace anticipation by "new winners" and governments as well as new losers. If all parties' anticipatory incentives are considered, familiar rules, ranging from statutes of limitations to retroactivity and to compensatory payments for government takings, seem quite sensible. And if these rules are drawn …
Regulating Network Industries: A Look At Intel, Randal C. Picker
Regulating Network Industries: A Look At Intel, Randal C. Picker
Articles
No abstract provided.
Arbitration And The Harmonization Of International Commercial Law: A Defense Of Mitsubishi, Eric A. Posner
Arbitration And The Harmonization Of International Commercial Law: A Defense Of Mitsubishi, Eric A. Posner
Articles
No abstract provided.