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Articles 31 - 60 of 296
Full-Text Articles in Law
Emergencies And Democratic Failure, Eric A. Posner, Adrian Vermeule
Emergencies And Democratic Failure, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
Case Comment Sanchez-Llamas V. Oregon, Curtis A. Bradley
Case Comment Sanchez-Llamas V. Oregon, Curtis A. Bradley
Articles
No abstract provided.
Government Secrets, Constitutional Law, And Platforms For Judicial Intervention, Adam M. Samaha
Government Secrets, Constitutional Law, And Platforms For Judicial Intervention, Adam M. Samaha
Articles
American law has yet to reach a satisfying conclusion about public access to information on government operations. But recent events are prompting reconsideration of the status quo. As our current system is reassessed, three shortfalls in past debates should be overcome. The first involves ignorance of foreign systems. Other democracies grapple with information access problems, and their recent experiments are illuminating. Indeed they expose two additional domestic weaknesses. One is a line we have drawn within constitutional law. Courts and commentators tend to treat constitutional issues of public access separately from those of executive discretion to withhold information, but these …
Trade And Tensions, Daniel J. Gifford
Trade And Tensions, Daniel J. Gifford
Articles
International disputes and tensions arise in situations where one nation is seeking its own economic betterment in ways that diminish the economic welfare of other nations. Prior to World War II, most nations deployed systems of tariffs and import quotas in unveiled attempts to protect their domestic in- dustries. Today, trading tensions are often generated by a range of government activities that limit imports or subsidize exports; yet the governments that impose these measures often rationalize them as policy measures that have no protectionist or other trading objective. The earlier trading model was a mer- cantilist one. Economic welfare was …
Habeas Settlements, Anup Malani
Mandatory Access Obligations And Standing, Randal C. Picker
Mandatory Access Obligations And Standing, Randal C. Picker
Articles
No abstract provided.
Judicial Autonomy In A Political Environment, Richard A. Posner
Judicial Autonomy In A Political Environment, Richard A. Posner
Articles
No abstract provided.
Common-Law Economic Torts: An Economic And Legal Analysis, Richard A. Posner
Common-Law Economic Torts: An Economic And Legal Analysis, Richard A. Posner
Articles
No abstract provided.
Prosecuting The Press For Publishing Classified Information, Geoffrey R. Stone
Prosecuting The Press For Publishing Classified Information, Geoffrey R. Stone
Articles
No abstract provided.
Justice Breyer Throws Down The Gauntlet (Reviewing Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005)), Richard A. Posner
Justice Breyer Throws Down The Gauntlet (Reviewing Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005)), Richard A. Posner
Articles
No abstract provided.
Burkean Minimalism, Cass R. Sunstein
Burkean Minimalism, Cass R. Sunstein
Articles
Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an insistence on respect for traditional practices and an intense distrust of those who would renovate social practices by reference to moral or political reasoning of their own. An understanding of the uses and limits of Burkean minimalism helps to illuminate a number of current debates, including those involving substantive due process, the Establishment Clause, and the power of the president to protect national security. Burkean minimalists oppose, and …
Private Debt And The Missing Lever Of Corporate Governance, Douglas G. Baird, Robert K. Rasmussen
Private Debt And The Missing Lever Of Corporate Governance, Douglas G. Baird, Robert K. Rasmussen
Articles
Traditional approaches to corporate governance focus exclusively on shareholders and neglect the large and growing role of creditors. Today's creditors craft elaborate covenants that give them a large role in the affairs of the corporation. While they do not exercise their rights in sunny times when things are going well, these are not the times that matter most. When a business stumbles, creditors typically enjoy powers that public shareholders never have, such as the ability to replace the managers and install those more to their liking. Creditors exercise these powers even when the business is far from being insolvent and …
Peer Comparisons And Consumer Debt, Gary S. Becker, Luis Rayo
Peer Comparisons And Consumer Debt, Gary S. Becker, Luis Rayo
Articles
No abstract provided.
Foreword To Boilerplate: Foundations Of Market Contracts Symposium, Omri Ben-Shahar
Foreword To Boilerplate: Foundations Of Market Contracts Symposium, Omri Ben-Shahar
Articles
No abstract provided.
Foreign Sources And The American Constitution, Frank H. Easterbrook
Foreign Sources And The American Constitution, Frank H. Easterbrook
Articles
No abstract provided.
Undue Process, Adam M. Samaha
Undue Process, Adam M. Samaha
Articles
This Article explores the relationship of the US. Constitution to the costs of government decision making. Constitutional law clearly can escalate these costs, as when the Due Process Clauses are read to mandate additional procedure not otherwise favored by decisionmakers. This much is understood But the Constitution and its doctrine sometimes put downward pressure on decision costs. We lack a systematic investigation of when this is, and should be, true. The Article makes three general claims: (1) The entire Constitution tends to reduce decision costs insofar as it is a focal point for confining disputes, and empirical work suggests that …
The Fundamental Deficiencies Of The Agreement On Safeguards: A Reply To Professor Lee, Alan O. Sykes
The Fundamental Deficiencies Of The Agreement On Safeguards: A Reply To Professor Lee, Alan O. Sykes
Articles
No abstract provided.
Law Of Implicit Bias, The, Cass R. Sunstein, Christine Jolls
Law Of Implicit Bias, The, Cass R. Sunstein, Christine Jolls
Articles
Considerable attention has been given to the Implicit Association Test (IA T), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of "debiasing …
A New Progressivism, Cass R. Sunstein
A New Progressivism, Cass R. Sunstein
Articles
There are serious problems with the two twentieth-century approaches to government: the way of markets and the way of planning. The New Progressivism simultaneously offers (1) a distinctive conception of government's appropriate means, an outgrowth of the late-twentieth-century critique of economic planning, and (2) a distinctive understanding of government's appropriate ends, an outgrowth of evident failures with market arrangements and largely a product of the mid-twentieth-century critique of laissez faire. The New Progressivism emphasizes the need to replace bans and commands with appropriate incentives, and to attend to social norms and social meanings in leading human behavior in welfare-promoting directions. …
International Law And The Rise Of China, Eric A. Posner, John C. Yoo
International Law And The Rise Of China, Eric A. Posner, John C. Yoo
Articles
No abstract provided.
Civility And Dissent During Wartime, Geoffrey R. Stone
Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell
Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell
Articles
No abstract provided.
Separation Versus Accommodation: Why We Should Favor The Latter, Richard A. Epstein
Separation Versus Accommodation: Why We Should Favor The Latter, Richard A. Epstein
Articles
No abstract provided.
Welsh S. White: Dedicated Scholar, Devoted Colleague, And Dear Friend, Albert Alschuler
Welsh S. White: Dedicated Scholar, Devoted Colleague, And Dear Friend, Albert Alschuler
Articles
No abstract provided.
Beyond Recidivism, Douglas G. Baird
Introduction To Symposium: Homo Economicus, Homo Myopicus, And The Law And Economics Of Consumer Choice, Douglas G. Baird, Richard A. Epstein, Cass R. Sunstein
Introduction To Symposium: Homo Economicus, Homo Myopicus, And The Law And Economics Of Consumer Choice, Douglas G. Baird, Richard A. Epstein, Cass R. Sunstein
Articles
No abstract provided.
The New International Law Scholarship, Eric A. Posner, Jack L. Goldsmith
The New International Law Scholarship, Eric A. Posner, Jack L. Goldsmith
Articles
No abstract provided.
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
There Are No Penalty Default Rules In Contract Law, Eric A. Posner
There Are No Penalty Default Rules In Contract Law, Eric A. Posner
Articles
In an influential article, Ian Ayres and Robert Gertner introduced the concept of the "penalty default rule," a rule that fills a gap in an incomplete contract with a term that would not be chosen by a majority of parties similarly situated to the parties to the contract in question. Ayres and Gertner argued that such a rule might be efficient in a model in which contracting parties have asymmetric information. However, Ayres and Gertner did not provide any persuasive examples of penalty default rules; their best example is the Hadley rule, but this rule is probably not a penalty …
One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk
One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk
Articles
No abstract provided.