Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 73

Full-Text Articles in Law

Organ Transplantation: Or, Altruism Run Amuck, Richard A. Epstein Dec 1993

Organ Transplantation: Or, Altruism Run Amuck, Richard A. Epstein

Occasional Papers

No abstract provided.


Book Review (Reviewing Lee Epstein & Joseph F. Kobylka, The Supreme Court And Legal Change: Abortion And The Death Penalty (1992)), Gerald Rosenberg Dec 1993

Book Review (Reviewing Lee Epstein & Joseph F. Kobylka, The Supreme Court And Legal Change: Abortion And The Death Penalty (1992)), Gerald Rosenberg

Journal Articles

No abstract provided.


An Introduction To Regression Analysis, Alan O. Sykes Oct 1993

An Introduction To Regression Analysis, Alan O. Sykes

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Readings By Our Unitary Executive, Lawrence Lessig Oct 1993

Readings By Our Unitary Executive, Lawrence Lessig

Journal Articles

No abstract provided.


The Economics Of Anticipatory Adjudication, Richard A. Posner, William M. Landes Sep 1993

The Economics Of Anticipatory Adjudication, Richard A. Posner, William M. Landes

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


The Economic Underpinnings Of Patent Law, Kenneth W. Dam Sep 1993

The Economic Underpinnings Of Patent Law, Kenneth W. Dam

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Bankruptcy Rules, Managerial Entrenchment, And Firm-Specific Human Capital, Randal C. Picker, Lucian Arye Bebchuk Aug 1993

Bankruptcy Rules, Managerial Entrenchment, And Firm-Specific Human Capital, Randal C. Picker, Lucian Arye Bebchuk

Coase-Sandor Working Paper Series in Law and Economics

Bankruptcy rules often enable equityholders to obtain value even though debtholders are not paid in full. This paper addresses the ex ante effects of violations of absolute priority. These violations should influence decisions concerning project choice and human capital investment that determine the extent to which a firm?s managers have an advantage over others in operating the firm?s assets. In an absolute priority regime, managers will ?entrench? themselves by overinvestment in assets that require their unique skills. Managers will also underinvest in firm-specific human capital. Allowing ex post violations of absolute priority decreases the severity of these two ...


Explicit Reasons For Implicit Contracts: The Legal Logic To The Japanese Main Bank System, J. Mark Ramseyer Aug 1993

Explicit Reasons For Implicit Contracts: The Legal Logic To The Japanese Main Bank System, J. Mark Ramseyer

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Legal Scholarship Today, Richard A. Posner Jul 1993

Legal Scholarship Today, Richard A. Posner

Journal Articles

No abstract provided.


Remembering 'Tm', Cass R. Sunstein, Elena Kagan Jun 1993

Remembering 'Tm', Cass R. Sunstein, Elena Kagan

Occasional Papers

No abstract provided.


Fidelity In Translation, Lawrence Lessig May 1993

Fidelity In Translation, Lawrence Lessig

Journal Articles

Readings of the Constitution have changed. Sometimes they have changed because the constitutional text has changed. But more often they have changed while the text has remained the same. Can it be that these changed readings-changes that track no change in constitutional text-can nonetheless be readings of fidelity, faithful to the Constitution's original meaning? On some readings of originalism, the answer must be no. But this essay argues that any complete account of interpretive fidelity must allow--indeed require--changes in constitutional readings even when there has been no change in the constitutional text. If meaning is a function of both ...


What Do Judges And Justices Maximize? (The Same Things Everyone Else Does), Richard A. Posner Apr 1993

What Do Judges And Justices Maximize? (The Same Things Everyone Else Does), Richard A. Posner

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Endogenous Preferences, Environmental Law, Cass R. Sunstein Apr 1993

Endogenous Preferences, Environmental Law, Cass R. Sunstein

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Credibly Committing To Efficiency Wages: Cotton Spinning Cartels In Imperial Japan, J. Mark Ramseyer Mar 1993

Credibly Committing To Efficiency Wages: Cotton Spinning Cartels In Imperial Japan, J. Mark Ramseyer

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Blackmail From A To C, Joseph Isenbergh Jan 1993

Blackmail From A To C, Joseph Isenbergh

Journal Articles

No abstract provided.


Monarch, Lackey, Or Judge?, Albert Alschuler Jan 1993

Monarch, Lackey, Or Judge?, Albert Alschuler

Journal Articles

No abstract provided.


The Demand For Judicial Review, Frank H. Easterbrook Jan 1993

The Demand For Judicial Review, Frank H. Easterbrook

Journal Articles

No abstract provided.


Some Reflections On The Gender Gap In Employment, Richard A. Epstein Jan 1993

Some Reflections On The Gender Gap In Employment, Richard A. Epstein

Journal Articles

No abstract provided.


Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein Jan 1993

Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein

Journal Articles

No abstract provided.


Law And Economics: Intellectual Arbitrage, Randal C. Picker Jan 1993

Law And Economics: Intellectual Arbitrage, Randal C. Picker

Journal Articles

No abstract provided.


Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner Jan 1993

Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner

Journal Articles

No abstract provided.


Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore Jan 1993

Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore

Journal Articles

No abstract provided.


Obligation Or Restitution For Best Efforts, Saul Levmore Jan 1993

Obligation Or Restitution For Best Efforts, Saul Levmore

Journal Articles

No abstract provided.


Harold Berman's Accomplishment As A Legal Historian, Richard H. Helmholz Jan 1993

Harold Berman's Accomplishment As A Legal Historian, Richard H. Helmholz

Journal Articles

No abstract provided.


The Seven Deadly Sins Of Takings Law: The Dissents In Lucas V. South Carolina Coastal Council, Richard A. Epstein Jan 1993

The Seven Deadly Sins Of Takings Law: The Dissents In Lucas V. South Carolina Coastal Council, Richard A. Epstein

Journal Articles

No abstract provided.


The Federalist Papers: From Practical Politics To High Principle, Richard A. Epstein Jan 1993

The Federalist Papers: From Practical Politics To High Principle, Richard A. Epstein

Journal Articles

No abstract provided.


Some Thoughts On The Real Estate Puzzle: Comment On Levmore, Commissions And Conflicts In Agency Arrangements: Lawyers, Real Estate Brokers, Underwriters, And Other Agents' Rewards, Alan O. Sykes Jan 1993

Some Thoughts On The Real Estate Puzzle: Comment On Levmore, Commissions And Conflicts In Agency Arrangements: Lawyers, Real Estate Brokers, Underwriters, And Other Agents' Rewards, Alan O. Sykes

Journal Articles

No abstract provided.


Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein Jan 1993

Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein

Journal Articles

In this Article, the author argues that mandatory, non-binding federal court-annexed arbitration programs will not succeed in increasing access to justice, and may in fact decrease access to justice for poorer litigants, precisely the people the programs were designed to help. After exploring the effects of such programs on parties' litigation decisions and demonstrating that the programs are unlikely to create private or social benefits, the Article explores the attributes of private ADR tribunals that parties find desirable and the many ways, apart from reducing cost and delay, that private ADR agreements create value. The Article concludes that, while the ...


Objectivity And The Problems Of Jurisprudence (Reviewing Kent Greenawalt, Law And Objectivity (1992)), Brian Leiter Jan 1993

Objectivity And The Problems Of Jurisprudence (Reviewing Kent Greenawalt, Law And Objectivity (1992)), Brian Leiter

Journal Articles

No abstract provided.


Autonomy And Distrust, Geoffrey R. Stone Jan 1993

Autonomy And Distrust, Geoffrey R. Stone

Journal Articles

No abstract provided.