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Full-Text Articles in Law
Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei
Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei
Faculty Scholarship
No abstract provided.
Why The Wind Changed: Intellectual Leadership In Western Law, Ugo Mattei
Why The Wind Changed: Intellectual Leadership In Western Law, Ugo Mattei
Faculty Scholarship
No abstract provided.
Bonding, Structure And The Stability Of Political Parties: Party Government In The House, Gary W. Cox, Mathew D. Mccubbins
Bonding, Structure And The Stability Of Political Parties: Party Government In The House, Gary W. Cox, Mathew D. Mccubbins
Faculty Scholarship
The public policy benefits that parties-deliver are allocated by democratic procedures that devolve ultimately to majority rule. Majority-rule decision making, however, does not lead to consistent policy choices; it is "unstable." In this paper, we argue that institutions - and thereby policy coalitions -- can be stabilized by extra-legislative organization. The rules of the Democratic Caucus in the U.S. House of Representatives dictate that a requirement for continued membership is support on the floor of Caucus decisions for a variety of key structural matters. Because membership in the majority party’s caucus is valuable, it constitutes a bond, the posting of …
Against Marriage, Steven K. Homer
Against Marriage, Steven K. Homer
Faculty Scholarship
What is marriage? In the debate surrounding same-sex marriage, the central term has gone undefined. Using the Hawaii Supreme Court's decision in Baehr v. Lewin as a starting point, this Note argues that marriage lacks legal as well as experiential coherence. A series of legal and social moves intended, on the one hand, to preserve the dominance of heterosexuality over gays and lesbians and, on the other, to allow, heterosexuals to escape the dominance of heterosexuality over themselves, has left little conceptual space for marriage. That is, to speak of "extending marriage" to same-sex couples creates the illusion that marriage …