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Articles 31 - 60 of 258
Full-Text Articles in Law
Reply To Helfer And Slaughter, Eric A. Posner, John C. Yoo
Reply To Helfer And Slaughter, Eric A. Posner, John C. Yoo
Articles
No abstract provided.
Deterring Murder: A Reply Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule
Deterring Murder: A Reply Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule
Articles
No abstract provided.
Group Judgments: Statistical Means, Deliberation, And Information Markets, Cass R. Sunstein
Group Judgments: Statistical Means, Deliberation, And Information Markets, Cass R. Sunstein
Articles
How can groups elicit and aggregate the information held by their individual members? There are three possibilities. Groups might use the statistical mean of individual judgments; they might encourage deliberation; or they might use information markets. In both private and public institutions, deliberation is the standard way of proceeding; but for two reasons, deliberating groups often fail to make good decisions. First, the statements and acts of some group members convey relevant information, and that information often leads other people not to disclose what they know. Second, social pressures, imposed by some group members, often lead other group members to …
Precautions Against What - The Availability Heuristic And Cross-Cultural Risk Perception Meador Lecture Series 2004-2005: Risk And The Law, Cass R. Sunstein
Precautions Against What - The Availability Heuristic And Cross-Cultural Risk Perception Meador Lecture Series 2004-2005: Risk And The Law, Cass R. Sunstein
Articles
Because risks are on all sides of social situations, it is not possible to be globally "precautionary." Hence, the Precautionary Principle runs into serious conceptual difficulties; any precautions will themselves create hazards of one kind or another. When the principle gives guidance, it is often because of the availability heuristic, which can make some risks stand out as particularly salient, regardless of their actual magnitude. The same heuristic helps to explain differences across groups, cultures, and even nations in the perception of risks, especially when linked with such social processes as cascades and group polarization. One difficulty is that what …
Substantive Consolidation Today, Douglas G. Baird
Substantive Consolidation Today, Douglas G. Baird
Articles
In large corporate reorganizations, bankruptcy judges often confirm plans of reorganization that call for "substantive consolidation" of the different corporate entities comprising the corporate group. Substantive consolidation allows the general creditors of the various entities to share in a common pool of assets; it often simplifies a reorganization and wins broad support among the creditors. Nevertheless, a statutory basis for the doctrine is hard to find, and the lower court practice is often at odds with the doctrine as spelled out in appellate court opinions. The emerging debate over the proper scope of substantive consolidation shows how much bankruptcy law …
Justified Monopolies: Regulating Pharmaceuticals And Telecommunications, Richard A. Epstein
Justified Monopolies: Regulating Pharmaceuticals And Telecommunications, Richard A. Epstein
Articles
No abstract provided.
Of Citizens And Persons: Reconstructing The Privileges Or Immunities Clause Of The Fourteenth Amendment, Richard A. Epstein
Of Citizens And Persons: Reconstructing The Privileges Or Immunities Clause Of The Fourteenth Amendment, Richard A. Epstein
Articles
No abstract provided.
Liberty Versus Property - Cracks In The Foundations Of Copyright Law, Richard A. Epstein
Liberty Versus Property - Cracks In The Foundations Of Copyright Law, Richard A. Epstein
Articles
No abstract provided.
Policing L.A.'S Skid Row: Crime And Real Estate Redevelopment In Downtown Los Angeles (An Experiment In Real Time), Bernard E. Harcourt
Policing L.A.'S Skid Row: Crime And Real Estate Redevelopment In Downtown Los Angeles (An Experiment In Real Time), Bernard E. Harcourt
Articles
No abstract provided.
From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt
From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt
Articles
The incarceration revolution of the late twentieth century fueled ongoing research on the relationship between rates of incarceration and crime, unemployment, education, and other social indicators. In this research, the variable intended to capture the level of confinement in society was conceptualized and measured as the rate of incarceration in state and federal prisons and county jails. This, however, fails to take account of other equally important forms of confinement, especially commitment to mental hospitals and asylums. When the data on mental hospitalization rates are combined with the data on imprisonment rates for the period 1928 through 2000, the incarceration …
Taxing Obesity - Or Perhaps The Opposite, Saul Levmore
Free Speech And Academic Politics (Reviewing Donald Alexander Downs, Restoring Free Speech And Liberty On Campus (2005)), Geoffrey R. Stone
Free Speech And Academic Politics (Reviewing Donald Alexander Downs, Restoring Free Speech And Liberty On Campus (2005)), Geoffrey R. Stone
Articles
No abstract provided.
A Social Networks Theory Of Privacy, Lior Strahilevitz
A Social Networks Theory Of Privacy, Lior Strahilevitz
Articles
What facts are public and what facts are private? It is the fundamental, first-principles question in privacy law, and a necessary element in the two most important privacy torts public disclosure of private facts and intrusion upon seclusion. This paper argues that insights from the literature on social networks and information dissemination can help provide courts with a coherent and consistent methodology for determining whether an individual has a reasonable expectation of privacy in a particular fact that he has shared with one or more persons. The social networks literature has generated theoretical and empirical insights about the probability that …
The Right To Destroy, Lior Strahilevitz
First Circuit Upholds Reprosecution Of Defendant Acquitted In 'Sham' Trial, John Rappaport
First Circuit Upholds Reprosecution Of Defendant Acquitted In 'Sham' Trial, John Rappaport
Articles
No abstract provided.
Credible Coercion, Omri Ben-Shahar, Oren Bar-Gill
Credible Coercion, Omri Ben-Shahar, Oren Bar-Gill
Articles
The ideal of individual freedom and autonomy requires that society provide relief against coercion. In the law, this requirement is often translated into rules that operate "postcoercion" to undo the legal consequences of acts and promises extracted under duress. This Article argues that these ex post antiduress measures, rather than helping the coerced party, might in fact hurt her. When coercion is credible-when a credible threat to inflict an even worse outcome underlies the surrender of the coerced party-ex post relief will only induce the strong party to execute the threatened outcome ex ante, without offering the choice to surrender, …
Pets Or Meat, Mary Anne Case
Foreword: A Political Court, Richard A. Posner
Introduction, Richard A. Epstein, Randal C. Picker
Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo
Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo
Articles
No abstract provided.
Judicial Behavior And Performance: An Economic Approach, Richard A. Posner
Judicial Behavior And Performance: An Economic Approach, Richard A. Posner
Articles
No abstract provided.
Guido Calabresi's 'The Costs Of Accidents': A Reassessment, Richard A. Posner
Guido Calabresi's 'The Costs Of Accidents': A Reassessment, Richard A. Posner
Articles
No abstract provided.
Hayek, Law, And Cognition, Richard A. Posner
Courting Disaster: Looking For Change In All The Wrong Places, Gerald Rosenberg
Courting Disaster: Looking For Change In All The Wrong Places, Gerald Rosenberg
Articles
No abstract provided.
Why We Need A Federal Reporter's Privilege, Geoffrey R. Stone
Why We Need A Federal Reporter's Privilege, Geoffrey R. Stone
Articles
No abstract provided.
Free Speech In The Age Of Mccarthy: A Cautionary Tale, Geoffrey R. Stone
Free Speech In The Age Of Mccarthy: A Cautionary Tale, Geoffrey R. Stone
Articles
No abstract provided.
Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams
Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams
Articles
No abstract provided.
International Court Of Justice: Voting And Usage Statistics, Eric A. Posner
International Court Of Justice: Voting And Usage Statistics, Eric A. Posner
Articles
No abstract provided.
Irreversible And Catastrophic: Global Warming, Terrorism, And Other Problems Eleventh Annual Lloyd K. Garrison Lecture On Environmental Law, Cass R. Sunstein
Irreversible And Catastrophic: Global Warming, Terrorism, And Other Problems Eleventh Annual Lloyd K. Garrison Lecture On Environmental Law, Cass R. Sunstein
Articles
No abstract provided.
Problems With Minimalism, Cass R. Sunstein
Problems With Minimalism, Cass R. Sunstein
Articles
Much of Justice Sandra Day O'Connor's work on the Supreme Court embodies a commitment to judicial minimalism, understood as a preference for narrow rulings, closely attuned to particular facts. In many contexts, however, that commitment is hard to justify, simply because it imposes severe decisionmaking burdens on others and may well create more, rather than fewer, errors. For this reason, a general preference for minimalism is no more defensible than a general preference for rules. The choice between narrow and wide rulings cannot itself be made by rules or even presumptions; it requires a case-by-case inquiry. The argument is illustrated …