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Articles 151 - 180 of 375
Full-Text Articles in Law
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons
Articles
No abstract provided.
The Constitution Of The Second Generation, Alison Lacroix
The Constitution Of The Second Generation, Alison Lacroix
Articles
In his new book, Akhil Amar describes the "unwritten Constitution" as a set of values, customs, and beliefs that are crafted and revealed over time, and which inform the interpretation and application of the Constitution. Amar's account centers on four key moments in United States history: the founding, Reconstruction, the New Deal, and the civil rights revolution of the 1960s, leaving relatively unexplored an essential period of existential, adolescent crisis: the early nineteenth century. Using a 1830 exchange between James Madison and Martin Van Buren as a case study, this Article discusses the significance of the period between 1815 and …
Jurisdiction And Constitutional Crisis, William Baude
Interstate Recognition Of Same-Sex Marriage After Windsor, William Baude
Interstate Recognition Of Same-Sex Marriage After Windsor, William Baude
Articles
No abstract provided.
The Questionable Basis Of The Common European Sales Law: The Role Of An Optional Instrument In Jurisdictional Competition, Eric A. Posner
The Questionable Basis Of The Common European Sales Law: The Role Of An Optional Instrument In Jurisdictional Competition, Eric A. Posner
Articles
No abstract provided.
Inside Or Outside The System?, Eric A. Posner, Adrian Vermeule
Inside Or Outside The System?, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
Copying And Context: Tying As A Solution To The Lack Of Intellectual Property Protection Of Contract Terms, Lisa Bernstein
Copying And Context: Tying As A Solution To The Lack Of Intellectual Property Protection Of Contract Terms, Lisa Bernstein
Articles
No abstract provided.
Removal As A Political Question, Aziz Huq
Removal As A Political Question, Aziz Huq
Articles
When should courts be responsible for designing federal administrative agencies? In Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court invalidated one specific mechanism that Congress employs to insulate agencies from presidential control. Lower federal courts have discerned wider implications in the decision's linkage of presidential power to remove agency officials with democratic accountability. Applied robustly, the Free Enterprise Fund principle casts doubt on many agencies' organic statutes. As the judiciary starts exploring those implications, this Article evaluates the effects of judicial intervention in administrative agency design in light of recent political science work on bureaucratic behavior, …
The Impending Iprize Revolution In Intellectual Property Law, Saul Levmore
The Impending Iprize Revolution In Intellectual Property Law, Saul Levmore
Articles
How will intellectual property law change as the economy becomes dominated by services and ideas? This Essay explains why the interest groups and other forces that brought about an expansion of property rights over the last century or two are reconfigured in an economy dominated by ideas. This reconfiguration makes prizes - including grants, subsidies, and various contractual promises - more likely and more attractive than property rights as the means of encouraging innovation. The theory predicts an increase in the use of subsidies and other prizes, rather than patents. These prizes can be of the ex ante kind, offered …
Behavioral Finance Before Kahneman, Richard A. Posner
Can Technological Innovation Survive Government Regulation?, Richard A. Epstein
Can Technological Innovation Survive Government Regulation?, Richard A. Epstein
Articles
No abstract provided.
Federalism And Commerce, Frank H. Easterbrook
Judicial Review And The Law Of Nature, Richard H. Helmholz
Judicial Review And The Law Of Nature, Richard H. Helmholz
Articles
No abstract provided.
Just Enough, Lee Anne Fennell
Policing Immigration, Thomas J. Miles, Adam B. Cox
Regulatory Techniques In Consumer Protection: A Critique Of European Consumer Contract Law, Omri Ben-Shahar, Oren Bar-Gill
Regulatory Techniques In Consumer Protection: A Critique Of European Consumer Contract Law, Omri Ben-Shahar, Oren Bar-Gill
Articles
No abstract provided.
Rethinking The Costs Of International Delegations, Daniel Abebe
Rethinking The Costs Of International Delegations, Daniel Abebe
Articles
A prominent criticism of United States delegations to international institutions—or international delegations—focuses on agency costs. The criticism draws a stark contrast between international delegations and domestic delegations. For domestic delegations to agencies, U.S. congressional, executive, and judicial oversight mechanisms exist to try to ensure agency accountability. Since the agency is democratically accountable, agency costs are low. For international delegations of binding authority to international institutions, however, the conventional wisdom is that oversight mechanisms are absent and the United States cannot monitor the international institution to ensure it acts within its delegated authority. Therefore, in the international context, agency costs are …
'Recognizing Race' And The Elusive Ideal Of Racial Neutrality, David A. Strauss
'Recognizing Race' And The Elusive Ideal Of Racial Neutrality, David A. Strauss
Articles
No abstract provided.
Crowdsourcing Land Use, Lee Anne Fennell
No Exit? Withdrawal Rights And The Law Of Corporate Reorganizations, Douglas G. Baird, Anthony Casey
No Exit? Withdrawal Rights And The Law Of Corporate Reorganizations, Douglas G. Baird, Anthony Casey
Articles
Bankruptcy scholarship is largely a debate about the comparative merits of a mandatory regime on one hand and bankruptcy by free design on the other. By the standard account, the current law of corporate reorganization is mandatory. Various rules that cannot be avoided ensure that investors’ actions are limited and they do not exercise their rights against specialized assets in a way that destroys the value of a business as a whole. These rules solve collective action problems and reduce the risk of bargaining failure. But there are costs to a mandatory regime. In particular, investors cannot design their rights …
The Institutional Structure Of Immigration Law, Eric A. Posner
The Institutional Structure Of Immigration Law, Eric A. Posner
Articles
No abstract provided.
The Perilous Position Of The Rule Of Law And The Administrative State, Richard A. Epstein
The Perilous Position Of The Rule Of Law And The Administrative State, Richard A. Epstein
Articles
No abstract provided.
The Supreme Court And Celebrity Culture, Richard A. Posner
The Supreme Court And Celebrity Culture, Richard A. Posner
Articles
No abstract provided.
The Takings Clause And Partial Interests In Land: On Sharp Boundaries And Continuous Distributions, Richard A. Epstein
The Takings Clause And Partial Interests In Land: On Sharp Boundaries And Continuous Distributions, Richard A. Epstein
Articles
No abstract provided.
When To Overthrow Your Government: The Right To Resist In The World's Constitutions, Tom Ginsburg, Daniel Lansberg-Rodriguez, Mila Versteeg
When To Overthrow Your Government: The Right To Resist In The World's Constitutions, Tom Ginsburg, Daniel Lansberg-Rodriguez, Mila Versteeg
Articles
No abstract provided.
How Business Fares In The Supreme Court, Richard A. Posner, Lee Epstein, William M. Landes
How Business Fares In The Supreme Court, Richard A. Posner, Lee Epstein, William M. Landes
Articles
No abstract provided.
Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner
Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner
Articles
No abstract provided.
International Paretianism: A Defense, David A. Weisbach, Eric A. Posner
International Paretianism: A Defense, David A. Weisbach, Eric A. Posner
Articles
A treaty satisfies what we call International Paretianism (P) if it advances the interests of all states that join it, so that no state is made worse off The principle might seem obvious, but it rules out nearly all the major proposals for a climate treaty, including proposals advanced by academics and by government officials. We defend IP, and for that reason urge commentators in the debate over climate justice to abandon efforts to right past wrongs, redistribute wealth, and achieve other abstract ideals through a climate treaty. Instead, the goal should be to develop a feasible treaty that states …
Rethinking The Federal Eminent Domain Power, William Baude
Rethinking The Federal Eminent Domain Power, William Baude
Articles
It is black-letter law that the federal government has the power to take land through eminent domain. This modern understanding, however, is a complete departure from the Constitution’s historical meaning. From the Founding until the Civil War, the federal government was thought to have an eminent domain power only within the District of Columbia and the territories—but not within states. Politicians and judges (including in two Supreme Court decisions) repeatedly denied the existence of such a power, and when the federal government did need to take land, it relied on state cooperation to do so. People during this period refused …
Private Enforcement, Steven B. Burbank, Sean Farhang, Herbert M. Kritzer
Private Enforcement, Steven B. Burbank, Sean Farhang, Herbert M. Kritzer
Articles
Our aim in this paper, which was prepared for an international conference on comparative procedural law to be held in July 2011, is to advance understanding of private enforcement of statutory and administrative law in the United States, and, to the extent supported by the information that colleagues abroad have provided, of comparable phenomena in other common law countries. Seeking to raise questions that will be useful to those who are concerned with regulatory design, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development …