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Series

2007

Articles

Discipline
Institution
Keyword

Articles 31 - 60 of 334

Full-Text Articles in Law

The Credible Executive, Eric A. Posner, Adrian Vermeule Jan 2007

The Credible Executive, Eric A. Posner, Adrian Vermeule

Articles

Legal and constitutional theory has focused chiefly on the risk that voters and legislators will trust an ill-motivated executive. This Article addresses the risk that voters and legislators will fail to trust a well-motivated executive. Absent some credible signal of benign motivations, voters will be unable to distinguish good from bad executives and will thus withhold authority that they would have preferred to grant, making all concerned worse off We suggest several mechanisms with which a well-motivated executive can credibly signal his type, including independent commissions within the executive branch; bipartisanship in appointments to the executive branch, or more broadly …


Origins Of Obscenity, Geoffrey R. Stone Jan 2007

Origins Of Obscenity, Geoffrey R. Stone

Articles

No abstract provided.


Disrupting The Market For Tax Planning, David A. Weisbach Jan 2007

Disrupting The Market For Tax Planning, David A. Weisbach

Articles

No abstract provided.


Gaps In International Legal Literature: Skeptical Reappraisal, Lyonette Louis-Jacques Jan 2007

Gaps In International Legal Literature: Skeptical Reappraisal, Lyonette Louis-Jacques

Articles

No abstract provided.


On Avoiding Foundational Questions - A Reply To Andrew Coan, Cass R. Sunstein Jan 2007

On Avoiding Foundational Questions - A Reply To Andrew Coan, Cass R. Sunstein

Articles

No abstract provided.


Willingness To Pay Vs. Welfare, Cass R. Sunstein Jan 2007

Willingness To Pay Vs. Welfare, Cass R. Sunstein

Articles

No abstract provided.


Judicial Deference And The Credibility Of Agency Commitments, Jonathan Masur Jan 2007

Judicial Deference And The Credibility Of Agency Commitments, Jonathan Masur

Articles

No abstract provided.


The Law Of Nature And The Early History Of Unenumerated Rights In The United States, Richard H. Helmholz Jan 2007

The Law Of Nature And The Early History Of Unenumerated Rights In The United States, Richard H. Helmholz

Articles

This Paper seeks to make a modest contribution to the topic of unenumerated rights in American constitutional law by examining the role that natural law played in our legal system at the time of the founding of the Republic-a period here taken, largely for the sake of convenience, to run from the 1 7 90s through the 1820s. The Paper's focus is on case law, rather than legal theory or constitutional doctrine, although I have tried to say enough about the law of nature as it was understood at the time to put the cases into their intellectual context. Whether …


Technology, Information, And Bankruptcy, Douglas G. Baird Jan 2007

Technology, Information, And Bankruptcy, Douglas G. Baird

Articles

Financial innovations, spurred by the growth of information technology, have transformed the consumer lending industry. Today lenders have unfettered access to a wider spectrum of borrowers and are better able to assess the likelihood that these borrowers will repay the debt they incur. Consequently, the level of consumer household debt has risen dramatically in the past three decades, and will continue to rise, which will lead naturally to an increase in bankruptcy filings. Although our initial intuition tells us that bankruptcies are bad, the author advances the idea that this development is inevitable and that instead of focusing on amending …


All The World's The Men's Room, Mary Anne Case Jan 2007

All The World's The Men's Room, Mary Anne Case

Articles

No abstract provided.


Coniston Corp V. Village Of Hoffman Hills: How To Make Procedural Due Process Disappear, Richard A. Epstein Jan 2007

Coniston Corp V. Village Of Hoffman Hills: How To Make Procedural Due Process Disappear, Richard A. Epstein

Articles

No abstract provided.


How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein Jan 2007

How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein

Articles

No abstract provided.


Judge Richard Posner On Civil Liberties: Pragmatic Authoritarian Libertarian, Bernard E. Harcourt Jan 2007

Judge Richard Posner On Civil Liberties: Pragmatic Authoritarian Libertarian, Bernard E. Harcourt

Articles

No abstract provided.


Against Irreparable Benefits, Omri Ben-Shahar Jan 2007

Against Irreparable Benefits, Omri Ben-Shahar

Articles

The conventional approach to preliminary relief focuses on irreparable harm but entirely neglects irreparable benefits. That is hard to understand. Errant irreversible harms are important because they distort incentives and have lasting distributional con


Introduction To The Italian Edition Of Overdose, Richard A. Epstein Jan 2007

Introduction To The Italian Edition Of Overdose, Richard A. Epstein

Articles

No abstract provided.


Deference, Delegation, And Immigration Law, Adam B. Cox Jan 2007

Deference, Delegation, And Immigration Law, Adam B. Cox

Articles

No abstract provided.


If People Would Be Outraged By Their Rulings, Should Judges Care, Cass R. Sunstein Jan 2007

If People Would Be Outraged By Their Rulings, Should Judges Care, Cass R. Sunstein

Articles

At first glance, judicial anticipation of public outrage and its effects seems incompatible with judicial independence. Nonetheless, judges might be affected by the prospect of outrage for both consequentialist and epistemic reasons. If a judicial ruling would undermine the cause that it is meant to promote or impose serious social harms, judges might have reason to hesitate on consequentialist grounds. The prospect ofpublic outrage might also suggest that the court's ruling would be incorrect on the merits; if most people disagree with the court's decision, perhaps the court is wrong. Those who adopt a method of constitutional interpretation on consequentialist …


The Temporal Dimension Of Voting Rights, Adam B. Cox Jan 2007

The Temporal Dimension Of Voting Rights, Adam B. Cox

Articles

No abstract provided.


Government Secrecy Vs. Freedom Of The Press, Geoffrey R. Stone Jan 2007

Government Secrecy Vs. Freedom Of The Press, Geoffrey R. Stone

Articles

No abstract provided.


Introduction, Cass R. Sunstein, David A. Weisbach Jan 2007

Introduction, Cass R. Sunstein, David A. Weisbach

Articles

No abstract provided.


Posner On Economic Loss In Tort: Evra Corp V. Swiss Bank, Thomas J. Miles Jan 2007

Posner On Economic Loss In Tort: Evra Corp V. Swiss Bank, Thomas J. Miles

Articles

No abstract provided.


In Memoriam: Bernard D. Meltzer (1914-2007), Douglas G. Baird Jan 2007

In Memoriam: Bernard D. Meltzer (1914-2007), Douglas G. Baird

Articles

No abstract provided.


Memo To The President (And His Opponents): Ideology Still Counts, David A. Strauss Jan 2007

Memo To The President (And His Opponents): Ideology Still Counts, David A. Strauss

Articles

No abstract provided.


Property And Half-Torts, Lee Anne Fennell Jan 2007

Property And Half-Torts, Lee Anne Fennell

Articles

The idea that a tort can be split analytically into two parts -risk and harm- underlies a great deal of torts scholarship. Yet the notion has been all but ignored by property scholars employing Calabresi and Melamed's famous entitlement framework. Thus, i


The Case For For-Profit Charities, Anup Malani, Eric A. Posner Jan 2007

The Case For For-Profit Charities, Anup Malani, Eric A. Posner

Articles

No abstract provided.


The Neoclassical Economics Of Consumer Contracts, Richard A. Epstein Jan 2007

The Neoclassical Economics Of Consumer Contracts, Richard A. Epstein

Articles

No abstract provided.


Symposium On Intergenerational Equity And Discounting, David A. Weisbach, Cass R. Sunstein Jan 2007

Symposium On Intergenerational Equity And Discounting, David A. Weisbach, Cass R. Sunstein

Articles

No abstract provided.


Zoning: Deliberative Democracy At Zero Prices, Richard A. Epstein Jan 2007

Zoning: Deliberative Democracy At Zero Prices, Richard A. Epstein

Articles

No abstract provided.


Tribute To Bernard Meltzer, Saul Levmore Jan 2007

Tribute To Bernard Meltzer, Saul Levmore

Articles

No abstract provided.


Originalism And Emergencies: A Reply To Lawson, Eric A. Posner, Adrian Vermeule Jan 2007

Originalism And Emergencies: A Reply To Lawson, Eric A. Posner, Adrian Vermeule

Articles

No abstract provided.