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Full-Text Articles in Law

Remembering Nuremberg, Bernard D. Meltzer Dec 1995

Remembering Nuremberg, Bernard D. Meltzer

Occasional Papers

No abstract provided.


Intellectual Property In An Age Of Software And Biotechnology, Kenneth W. Dam Nov 1995

Intellectual Property In An Age Of Software And Biotechnology, Kenneth W. Dam

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Public Choice, J. Mark Ramseyer Nov 1995

Public Choice, J. Mark Ramseyer

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner Oct 1995

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner

Articles

No abstract provided.


Freedom Of Contract, Richard Craswell Aug 1995

Freedom Of Contract, Richard Craswell

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Hugo Black Among Friends, Dennis J. Hutchinson May 1995

Hugo Black Among Friends, Dennis J. Hutchinson

Articles

No abstract provided.


The Limits Of Lieber, Lawrence Lessig Apr 1995

The Limits Of Lieber, Lawrence Lessig

Articles

No abstract provided.


Das Kapital: Solvency Regulation Of The American Business Enterprise, Geoffrey P. Miller Apr 1995

Das Kapital: Solvency Regulation Of The American Business Enterprise, Geoffrey P. Miller

Coase-Sandor Working Paper Series in Law and Economics

In this paper, I address the question of the legal regulation of corporate capital. This is a topic that cuts across a number of distinct areas of law, and that displays significant differences between the civil law used in Europe and elsewhere and the U.S. common law system. It is fundamental to the regulation of important economic institutions, notably banks, securities firms, and insurance companies. It is a question as well that lies at the core of the discipline of corporate finance. Surprisingly, however, scholars have not attempted to unify these disparate strands of theory and of legal regulation in …


Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig Feb 1995

Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig

Articles

In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls the …


The Law And Economics Of Contract Damages, Douglas G. Baird Feb 1995

The Law And Economics Of Contract Damages, Douglas G. Baird

Coase-Sandor Working Paper Series in Law and Economics

Those of us who study contracts tend to forget that most people keep the promises they make. Contract law matters because of the way it affects the behavior of everyone who enters into a contract, not just those who end up in court. In this talk, I want to show that law and economics is useful for exactly this reason. It helps us to identify the effects that legal rules have on behavior.


Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker Jan 1995

Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker

Articles

No abstract provided.


The Regulation Of Social Meaning, Lawrence Lessig Jan 1995

The Regulation Of Social Meaning, Lawrence Lessig

Articles

No abstract provided.


Between Russia And China: Political Reform In Mongolia, Tom Ginsburg Jan 1995

Between Russia And China: Political Reform In Mongolia, Tom Ginsburg

Articles

No abstract provided.


The Internationalization Of Antitrust Law: Options For The Future, Diane P. Wood Jan 1995

The Internationalization Of Antitrust Law: Options For The Future, Diane P. Wood

Articles

No abstract provided.


Introduction, Richard A. Epstein Jan 1995

Introduction, Richard A. Epstein

Articles

No abstract provided.


The Future Of The Student-Edited Law Review, Richard A. Posner Jan 1995

The Future Of The Student-Edited Law Review, Richard A. Posner

Articles

No abstract provided.


Judges' Writing Styles (And Do They Matter?), Richard A. Posner Jan 1995

Judges' Writing Styles (And Do They Matter?), Richard A. Posner

Articles

No abstract provided.


Judicial Biography, Richard A. Posner Jan 1995

Judicial Biography, Richard A. Posner

Articles

No abstract provided.


Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein Jan 1995

Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein

Articles

No abstract provided.


Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein Jan 1995

Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein

Articles

No abstract provided.


Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein Jan 1995

Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein

Articles

No abstract provided.


What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein Jan 1995

What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein

Articles

In this David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Sunstein begins by noting that participants in the civil rights movement were often backward looking and even conservative, invoking commitments from the nation's past and arguing against reliance on the judiciary and the Supreme Court. They stressed above all two time-honored liberal principles: freedom from desperate conditions and opposition to caste. It is wrong to say (as many now do) that the movement was founded on a principle of race neutrality, and also wrong to say (as some now do) that the movement was opposed to …


The Permit Power Meets The Constitution, Richard A. Epstein Jan 1995

The Permit Power Meets The Constitution, Richard A. Epstein

Articles

No abstract provided.


Remembering Walter, Douglas G. Baird Jan 1995

Remembering Walter, Douglas G. Baird

Articles

No abstract provided.


Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein Jan 1995

Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein

Articles

No abstract provided.


On The Expressive Function Of Law, Cass R. Sunstein Jan 1995

On The Expressive Function Of Law, Cass R. Sunstein

Articles

No abstract provided.


Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes Jan 1995

Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes

Articles

No abstract provided.


Judicial Biography: Amicus Curiae, Dennis J. Hutchinson Jan 1995

Judicial Biography: Amicus Curiae, Dennis J. Hutchinson

Articles

No abstract provided.


Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell Jan 1995

Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell

Articles

Autonomy-based theories hold that enforceable contracts require the knowing and voluntary consent of the parties. In defining "knowing" and "voluntary," however, autonomy theorists have paid little attention to the remedy that will be granted if consent is round to be lacking, or to the question of what obligations (if any) will be enforced in place of the unconsented-to contract. In this paper, I expand on Michael Trebilcock's argument that considerations of institutional competence-specifically, the relative ability of courts and private actors to craft acceptable substitute obligations-should sometimes play a key role in defining what counts as "knowing" and "voluntary" consent.


Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case Jan 1995

Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case

Articles

No abstract provided.