Law Commons^™

Military Tribunals And Legal Culture: What A Difference Sixty Years Makes, Cass R. Sunstein, Jack L. Goldsmith

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No abstract provided.

Is Incoherence Outrageous?, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade

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No abstract provided.

Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday

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Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes

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Four (Or Five) Easy Lessons From Enron, Douglas G. Baird, Robert K. Rasmussen

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Parental Rights, Emily Buss

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Liberty, Equality, And Privacy: Choosing A Legal Foundation For Gay Rights, Richard A. Epstein

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Beyond Judicial Activism And Restraint, Richard A. Epstein

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Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein

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Introduction To Symposium: Empirical And Experimental Methods In Law, Richard H. Mcadams, Thomas S. Ulen

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Locating Discrimination: Interactive Web Sites As Public Accommodations Under Title Ii Of The Civil Rights Act The Scope Of Equal Protection, Tara Thompson

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Interring The Nondelegation Doctrine, Eric A. Posner, Adrian Vermeule

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A large academic literature discusses the nondelegation doctrin4 which is said to bar Congress from enacting excessively broad or excessively discretionary grants of statutory authority to the executive branch or other agents. The bulk of this literature accepts the existence of the doctrine and argues only about the terms of its application or the competence of the courts to enforce it. In this essay, we argue that there is no such nondelegation doctrine: A statutory grant of authority to the executive branch or other agents never effects a delegation of legislative power. Agents acting within the terms of such a …

Legislative Entrenchment: A Reappraisal, Eric A. Posner, Adrian Vermeule

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Pragmatism Versus Purposivism In First Amendment Analysis, Richard A. Posner

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Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade

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When people make moral or legal judgments in isolation, they produce a pattern of outcomes that they would themselves reject, if only they could see that pattern as a whole. A major reason is that human thinking is category-bound. When people see a case in isolation, they spontaneously compare it to other cases that are mainly drawn from the same category of harms. When people are required to compare cases that involve different kinds of harms, judgments that appear sensible when the problems are considered separately often appear incoherent and arbitrary in the broader context. Another major source of incoherence …

State Action Is Always Present, Cass R. Sunstein

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Economic Structure Of Renegotiation And Dispute Resolution In The World Trade Organization, The Rational Choice And International Law, Alan O. Sykes, Warren F. Schwartz

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The treaty creating the World Trade Organization (WTO) replaced the General Agreement on Tariffs and Trade (GATT) dispute resolution system, which contained no formal sanctions for breach of agreement as a practical matter, with a system that results in centrally authorized sanctions against recalcitrant violators of WTO trade agreements. We examine the important features of the new system and argue that the institutionalization of a sanctioning mechanism was not motivated by a perceived need to increase the penalty for violations, but rather by a need to decrease the penalty. In particular, the GATT system relied on unilateral retaliation and reputation …

Trips, Pharmaceuticals, Developing Countries, And The Doha Solution, Alan O. Sykes

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Why They Hate Us: The Role Of Social Dynamics Law And The War On Terrorism, Cass R. Sunstein

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Enron And The Dark Side Of Shareholder Value, William Wilson Bratton

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This Article addresses the implications that the Enron collapse holds out for the self-regulatory system of corporate governance. The case shows that the incentive structure that motivates actors in the system generates much less powerful checks against abuse than many observers have believed. Even as academics have proclaimed rising governance standards, some standards have declined, particularly those addressed to the numerology of shareholder value. The Article's inquiry begins with Enron's business plan. The Article asserts that there may be more to Enron’s "virtual firm" strategy than meets the eye beholding a firm in collapse. The Article restates the strategy as …

Derivative Securities And Corporate Governance, Frank H. Easterbrook

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Outrage Leary Lecture, Cass R. Sunstein

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World War Ii Compensation And Foreign Relations Federalism, Curtis A. Bradley

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In the past several years, numerous suits have been filed in U.S. courts seeking compensation for personal injury or loss of property relating to events associated with World War I. These suits have been brought against sovereign defendants, such as Germany and Japan, as well as private companies, such as companies that allegedly used slave labor during the War. In this essay, I consider some of the implications of this litigation for the relationship between federalism and foreign relations.

The starting point for my analysis is an article by Justice William Brennan that, at first glance, might seem to have …

Using Evaluations To Break Down The Male Corporate Hierarchy: A Full Circle Approach, Edward Adams

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This Article explores full circle evaluations in detail, arguing that corporate boards should implement such systems. Part I details full circle evaluations and explains the benefits associated with the use of such systems. Part II describes the potential legal duty to implement full circle evaluation systems. Part III argues that full circle evaluations consider the input of all persons in the corporation, thereby increasing the extent to which decisions concerning promotions are based on objective factors of merit and facilitating the advancement of women in the workplace. Part IV concludes that in light of all of the aforementioned considerations, the …

Labor And Employment Law At The Millennium: A Historical Review And Critical Assessment, Stephen F. Befort

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This Article uses a historical perspective as a basis to analyze the current state of labor and employment law in the United States. The Article first chronicles the decline in collective governance and the corresponding rise in the governmental regulation of the individual employment relation during the past 50 years, and attempts to ascertain the socio-economic forces contributing to this evolution. The Article then critiques the current state of workplace legal rules and finds a number of deficiencies in terms of both efficiency and equity. The Article pays particular attention to the impact of globalization and the resulting exacerbation in …

Choice Of Organizational Form For The Start-Up Business, John H. Matheson

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Limited liability is a fundamental principle of corporate law. Yet liability has never been absolutely limited. Courts occasionally allow creditors to "pierce the corporate veil," which means that shareholders must satisfy creditors' claims. "Piercing" seems to happen freakishly. Like lightning, it is rare, severe, and unprincipled. There is a consensus that the whole area of limited liability, and conversely of piercing the corporate veil, is among the most confusing in corporate law. 1

Banks And Venture Capitalists: Are The New Rules Too Tough, Too Weak, Or Just Right?, Brett Mcdonnell

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White investing, venture capitalists and bankers encounter similar problems. Deciding which young companies are most likely to flourish can be very hard. Making sure that those companies which receive funds are using their money wisely and in the interests of investors, not those running the companies, can be even harder. In solving those problems, bankers and venture capitalists use similar tools.

Keeping Secrets, Dale Carpenter

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The right to privacy is the power to keep secrets. It is a power conferred in one form or another by the Constitution, by statute, and by tort law. It hinders the ability of the government and other citizens to know things about us that we -- often for very good reasons - would rather not have them know. It is a power that acts as a counterweight to the power of the state and of other citizens to monitor-often for very good reasons-what we do, what we read, what we say, and with whom we associate

Convergence In Corporate Governance--Possible, But Not Desirable, Brett Mcdonnell

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THE prospects for international convergence in corporate governance systems have become a hot topic in legal academia. For some time scholars have depicted American corporations and capital markets as optimal adaptations for governing large business enterprises. 1 More recently, American scholars have become more aware that other countries do things rather differently. While large American corporations have many dispersed shareholders and turn to public stock and bond markets for financing, large Japanese and German corporations have more concentrated shareholders and close financial relations with banks.

The Most Difficult Ada Reasonable Accommodation Issues: Reassignment And Leave Of Absence, Stephen F. Befort

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The Americans with Disabilities Act obligates employers to provide reasonable accomodations to disabled workers as a means of enabling those workers to perform essential job duties. Of all the accomodations contemplated by the ADA, leaves of absence and reassignment to another position pose the most troublesome legal and human resource issues. These two types of accomodations do not merely tweak the job that a disabled employee is asked to perform, but instead excuse such employees from performing their original job assignment. While facilitating disabled employees to remain gainfully employed, these accomodations impose significant burdens on both employers and fellow employees. …