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Series

Journal Articles

2004

Discipline
Institution
Keyword

Articles 1 - 30 of 145

Full-Text Articles in Law

Regulatory Taxings, Eduardo Peñalver Dec 2004

Regulatory Taxings, Eduardo Peñalver

Journal Articles

The tension between the Supreme Court's expansive reading of the Takings Clause and the state's virtually limitless power to tax has been repeatedly noted, but has received little systematic exploration. Although some scholars, most notably Richard Epstein, have used the tension between takings law and taxes to argue against the legitimacy of taxation as it is presently practiced, such an approach has failed to gain a significant following. Instead, the broad legal consensus is that legislatures effectively have unlimited authority to impose tax burdens. Nevertheless, this Article demonstrates that every attempt to formulate a "Reconciling Theory," a theory ...


A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner Dec 2004

A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner

Journal Articles

No abstract provided.


The Origins Of American Felony Murder Rules, Guyora Binder Oct 2004

The Origins Of American Felony Murder Rules, Guyora Binder

Journal Articles

Contemporary commentators continue to instruct lawyers and law students that England bequeathed America a sweeping default principle of strict liability for all deaths caused in all felonies. This Article exposes the harsh "common law" felony murder rule as a myth. It retraces the origins of American felony murder rules to reveal their modern, American, and legislative sources, the rationality of their original scope, and the fairness of their original application. It demonstrates that the draconian doctrine of strict liability for all deaths resulting from all felonies was never enacted into English law or received into American law. This Article reviews ...


Law Librarians As Educators And Role Models: The University At Buffalo's Jd/Mls Program In Law Librarianship, James G. Milles Jul 2004

Law Librarians As Educators And Role Models: The University At Buffalo's Jd/Mls Program In Law Librarianship, James G. Milles

Journal Articles

No abstract provided.


'Bound Fast And Brought Under The Yoke': John Adams And The Regulation Of Privacy At The Founding, Alison Lacroix May 2004

'Bound Fast And Brought Under The Yoke': John Adams And The Regulation Of Privacy At The Founding, Alison Lacroix

Journal Articles

No abstract provided.


Remarks On The Alien Tort Claims Act And Transitional Justice, Eric A. Posner Mar 2004

Remarks On The Alien Tort Claims Act And Transitional Justice, Eric A. Posner

Journal Articles

No abstract provided.


Practicing What We Preach: A Call For Progressive Church Taxes, Matthew Barrett Mar 2004

Practicing What We Preach: A Call For Progressive Church Taxes, Matthew Barrett

Journal Articles

Many Catholics do not know that canon law allows their bishop to impose taxes on the parishes in his diocese for diocesan needs. Under canon law, these diocesan taxes, sometimes called diocesan assessments, parish assessments, or quotas, must be proportionate to [the parishes'] income. To a tax lawyer, the adjective proportionate describes a so-called flat tax, or a system that imposes the same tax rate on every taxpayer's taxable income. Canon law commentators, however, have consistently agreed that diocesan bishops can use a progressive tax, which in this context would impose a higher tax rate on parishes with larger ...


Chile - Price Band System And Safeguard Measures Relating To Certain Agriculture Products Paper, Alan O. Sykes, Kyle Bagwell Jan 2004

Chile - Price Band System And Safeguard Measures Relating To Certain Agriculture Products Paper, Alan O. Sykes, Kyle Bagwell

Journal Articles

No abstract provided.


India - Measures Affecting The Automotive Sector Paper, Alan O. Sykes, Kyle Bagwell Jan 2004

India - Measures Affecting The Automotive Sector Paper, Alan O. Sykes, Kyle Bagwell

Journal Articles

No abstract provided.


Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt Jan 2004

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt

Journal Articles

No abstract provided.


The Law And Economics Of Contract Interpretation, Richard A. Posner Jan 2004

The Law And Economics Of Contract Interpretation, Richard A. Posner

Journal Articles

Contract interpretation is an understudied topic in the economic analysis of contract law. This Article combines simple formal analysis of the tradeoffs involved in interpretation with applications to the principal doctrines of contract interpretation, including the 'four corners" rule, mutual mistake, contra proferentum, and what I call the (informal but very important) rule of "extrinsic nonevidence." Gap filling is distinguished, and the relativity of interpretive doctrines to the interpretive medium-jurors, arbitrators, and judges in different kinds of judicial systems-is emphasized.


The 1964 Civil Rights Act: The Crucial Role Of Social Movements In The Enactment And Implementation Of Anti-Discrimination Law, Gerald Rosenberg Jan 2004

The 1964 Civil Rights Act: The Crucial Role Of Social Movements In The Enactment And Implementation Of Anti-Discrimination Law, Gerald Rosenberg

Journal Articles

No abstract provided.


Book Review, Distant Proximities By James N. Rosenau, Nicholas Stephanopoulos Jan 2004

Book Review, Distant Proximities By James N. Rosenau, Nicholas Stephanopoulos

Journal Articles

No abstract provided.


Emergencies And Political Change: A Reply To Tushnet, Eric A. Posner, Adrian Vermeule Jan 2004

Emergencies And Political Change: A Reply To Tushnet, Eric A. Posner, Adrian Vermeule

Journal Articles

No abstract provided.


Optimal War And Jus Ad Bellum, Eric A. Posner, Alan O. Sykes Jan 2004

Optimal War And Jus Ad Bellum, Eric A. Posner, Alan O. Sykes

Journal Articles

The laws of war forbid states to use force against each other except in self-defense or with the authorization of the United Nations Security Council. Self-defense is usually understood to mean self-defense against an imminent threat. We model the decisions of states to use force against "rogue" states and argue that under certain conditions, it may be proper to expand the self-defense exception to preemptive self-defense. We also consider related issues such as humanitarian intervention, collective security, and the role of the Security Council.


National Security, Liberty, And The D.C. Circuit Recent Decisions Of The United States Court Of Appeals For The District Of Columbia Circuit, Cass R. Sunstein Jan 2004

National Security, Liberty, And The D.C. Circuit Recent Decisions Of The United States Court Of Appeals For The District Of Columbia Circuit, Cass R. Sunstein

Journal Articles

No abstract provided.


Properties Of Marriage, Carolyn J. Frantz, Hanoch Dagan Jan 2004

Properties Of Marriage, Carolyn J. Frantz, Hanoch Dagan

Journal Articles

In this Article, Professors Frantz and Dagan articulate and examine one ideal for the institution of marriage-marriage as an egalitarian liberal community. Under this vision, a commitment to marital community, where spouses share with each other without reference to individual desert, is combined with a concern for non-subordination and the protection of individual autonomy through, primarily, free exit. Professors Frantz and Dagan argue that, contrary to the common assumption that these goals are incompatible, they can be accommodated to a remarkable degree. They then trace the implications of this vision of marriage for marital property law, and use it to ...


Reflections On The Historical Origins Of Economic Structure Of The Law Merchant, Richard A. Epstein Jan 2004

Reflections On The Historical Origins Of Economic Structure Of The Law Merchant, Richard A. Epstein

Journal Articles

No abstract provided.


Secured Lending And Its Uncertain Future, Douglas G. Baird Jan 2004

Secured Lending And Its Uncertain Future, Douglas G. Baird

Journal Articles

No abstract provided.


Allocating Developmental Control Among Parent, Child And The State, Emily Buss Jan 2004

Allocating Developmental Control Among Parent, Child And The State, Emily Buss

Journal Articles

No abstract provided.


The Speech-Enhancing Effect Of Internet Regulation, Emily Buss Jan 2004

The Speech-Enhancing Effect Of Internet Regulation, Emily Buss

Journal Articles

No abstract provided.


Radical Change Through Conventional Means, Emily Buss Jan 2004

Radical Change Through Conventional Means, Emily Buss

Journal Articles

No abstract provided.


'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar Jan 2004

'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar

Journal Articles

No abstract provided.


Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook Jan 2004

Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook

Journal Articles

No abstract provided.


The Constitutional Protection Of Trade Secrets Under The Takings Clause, Richard A. Epstein Jan 2004

The Constitutional Protection Of Trade Secrets Under The Takings Clause, Richard A. Epstein

Journal Articles

No abstract provided.


Mutual Assent Versus Gradual Ascent: The Debate Over The Right To Retract, Omri Ben-Shahar Jan 2004

Mutual Assent Versus Gradual Ascent: The Debate Over The Right To Retract, Omri Ben-Shahar

Journal Articles

No abstract provided.


Hail Yale Tribute: Yale Kamisar, Albert Alschuler Jan 2004

Hail Yale Tribute: Yale Kamisar, Albert Alschuler

Journal Articles

No abstract provided.


Privatizing Reparations, Saul Levmore Jan 2004

Privatizing Reparations, Saul Levmore

Journal Articles

No abstract provided.


Mcconnell V. Federal Election Commission: A Deadly Dose Of Double Deference, Richard A. Epstein Jan 2004

Mcconnell V. Federal Election Commission: A Deadly Dose Of Double Deference, Richard A. Epstein

Journal Articles

No abstract provided.


Legal Pragmatism Defended, Richard A. Posner Jan 2004

Legal Pragmatism Defended, Richard A. Posner

Journal Articles

No abstract provided.