Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 78
Full-Text Articles in Law
Just Do It!: Title Ix As A Threat To University Autonomy, Richard A. Epstein
Just Do It!: Title Ix As A Threat To University Autonomy, Richard A. Epstein
Articles
No abstract provided.
The Least Restrictive Means, Alan O. Sykes
Indirect Liability For Copyright Infringement: An Economic Perspective, William M. Landes, Douglas Gary Lichtman
Indirect Liability For Copyright Infringement: An Economic Perspective, William M. Landes, Douglas Gary Lichtman
Articles
No abstract provided.
Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz
Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz
Articles
No abstract provided.
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner
Articles
No abstract provided.
Exclusionary Amenities In Residential Communities, Lior Strahilevitz
Exclusionary Amenities In Residential Communities, Lior Strahilevitz
Articles
No abstract provided.
Naturalized Epistemology And The Law Of Evidence: Reply To Redmayne, Ronald J. Allen, Brian Leiter
Naturalized Epistemology And The Law Of Evidence: Reply To Redmayne, Ronald J. Allen, Brian Leiter
Articles
No abstract provided.
Should Legal Rules Be Used To Redistribute Income?, David A. Weisbach
Should Legal Rules Be Used To Redistribute Income?, David A. Weisbach
Articles
No abstract provided.
Class Actions: Aggregation, Amplification, And Distortion, Richard A. Epstein
Class Actions: Aggregation, Amplification, And Distortion, Richard A. Epstein
Articles
No abstract provided.
Are Plain Hamburgers Now Unconstitutional? - The Equal Protection Component Of Bush V. Gore As A Chapter In The History Of Ideas About Law, Mary Anne Case
Are Plain Hamburgers Now Unconstitutional? - The Equal Protection Component Of Bush V. Gore As A Chapter In The History Of Ideas About Law, Mary Anne Case
Articles
No abstract provided.
Beware Of Legal Transitions: A Presumptive Vote For The Reliance Interest, Richard A. Epstein
Beware Of Legal Transitions: A Presumptive Vote For The Reliance Interest, Richard A. Epstein
Articles
No abstract provided.
Two Cheers For Judicial Restraint: Justice White And The Role Of The Supreme Court Justice White And The Exercise Of Judicial Power, Dennis J. Hutchinson
Two Cheers For Judicial Restraint: Justice White And The Role Of The Supreme Court Justice White And The Exercise Of Judicial Power, Dennis J. Hutchinson
Articles
No abstract provided.
Property's Uneasy Path And Expanding Future, Saul Levmore
Property's Uneasy Path And Expanding Future, Saul Levmore
Articles
No abstract provided.
Economic Analysis Of Contract Law After Three Decades: Success Or Failure?, Eric A. Posner
Economic Analysis Of Contract Law After Three Decades: Success Or Failure?, Eric A. Posner
Articles
No abstract provided.
Transitional Justice As Ordinary Justice, Eric A. Posner, Adrian Vermeule
Transitional Justice As Ordinary Justice, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
Reparations For Slavery And Other Historical Injustices, Eric A. Posner, Adrian Vermeule
Reparations For Slavery And Other Historical Injustices, Eric A. Posner, Adrian Vermeule
Articles
Victims of historical injustices who have no positive law claim against wrongdoers often seek reparations from governments, and occasionally they obtain them. The best known reparations programs are those for Japanese Americans who were interned by the United States government during World War II, and for victims of the Nazi Holocaust. But there are several other less well known programs both in the United States and abroad, and there are countless proposals for new reparations programs, including a proposal for slave reparations in the United States. The moral and political arguments for and against reparations in diverse contexts have received …
International Agreements: A Rational Choice Approach, Eric A. Posner, Jack L. Goldsmith
International Agreements: A Rational Choice Approach, Eric A. Posner, Jack L. Goldsmith
Articles
No abstract provided.
Judge Learned Hand And The Espionage Act Of 1917: A Mystery Unraveled, Geoffrey R. Stone
Judge Learned Hand And The Espionage Act Of 1917: A Mystery Unraveled, Geoffrey R. Stone
Articles
No abstract provided.
The Brave New World Of Arbitration, Diane P. Wood
Threatening An Irrational Breach Of Contract, Omri Ben-Shahar, Oren Bar-Gill
Threatening An Irrational Breach Of Contract, Omri Ben-Shahar, Oren Bar-Gill
Articles
When circumstances surrounding the contract change, a party might consider breach a more attractive option than performance. Threatening breach, this party may induce the other party to modify the original agreement. The contract law doctrine of modification determines whether and when these modifications are enforceable. To promote social welfare as well as the interests of the threatened party, the law should enforce modifications if and only if the modification demand is backed by a credible threat to breach. This paper argues that credibility is not a function of pecuniary interests alone. A decision to breach can be motivated also by …
On The Psychology Of Punishment, Cass R. Sunstein
On The Psychology Of Punishment, Cass R. Sunstein
Articles
Are juries rational or irrational? In the context of punitive damage awards, jury decisions suffer from serious problems. Jurors are intuitive retributivists, in a way that produces departures from economic theories of punishment. Their decisions are rooted in outrage, which they cannot easily translate into dollar terms. The result is a degree of unpredictability and incoherence. An understanding of this point casts light on several problems with existing institutions and offers some clues about how those problems might be solved.
The Rights Of Animals, Cass R. Sunstein
In Coase's Footsteps, Douglas G. Baird
Cybertrespass, Richard A. Epstein
The Market For Elite Law Firm Associates, Tom Ginsburg, Jeffrey A. Wolf
The Market For Elite Law Firm Associates, Tom Ginsburg, Jeffrey A. Wolf
Articles
No abstract provided.
The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt
The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt
Articles
No abstract provided.
Canonical Remedies In Medieval Marriage Law: The Contributions Of Legal Practice Founding, Richard H. Helmholz
Canonical Remedies In Medieval Marriage Law: The Contributions Of Legal Practice Founding, Richard H. Helmholz
Articles
No abstract provided.
Terrorism And Insurance Markets: A Role For The Government As Insurer?, Alan O. Sykes
Terrorism And Insurance Markets: A Role For The Government As Insurer?, Alan O. Sykes
Articles
Since September 11, 2001, insurance markets have been struggling to adjust to new information about the magnitude of risks posed by terrorism, and to the loss of tens of billions of dollars in reserves because of claims relating to the September 11 attacks. Insurance coverage for terror-related losses has become more expensive and for some risks difficult or impossible to obtain. As a result, various interest groups called for the federal government to provide coverage for terrorism losses, resulting in the Terrorism Risk Insurance Act of 2002. We question the wisdom of measures of this sort. They are likely to …
The Consequences Of Undoing The Federal Income Tax, Julie Roin
The Consequences Of Undoing The Federal Income Tax, Julie Roin
Articles
No abstract provided.
The Empirical Side Of Law And Economics, William M. Landes
The Empirical Side Of Law And Economics, William M. Landes
Articles
No abstract provided.