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Full-Text Articles in Law
Remembering Nuremberg, Bernard D. Meltzer
Intellectual Property In An Age Of Software And Biotechnology, Kenneth W. Dam
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
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
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
Freedom Of Contract, Richard Craswell
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Hugo Black Among Friends, Dennis J. Hutchinson
The Limits Of Lieber, Lawrence Lessig
Das Kapital: Solvency Regulation Of The American Business Enterprise, Geoffrey P. Miller
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
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
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
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
Between Russia And China: Political Reform In Mongolia, Tom Ginsburg
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
The Internationalization Of Antitrust Law: Options For The Future, Diane P. Wood
Articles
No abstract provided.
Introduction, Richard A. Epstein
The Future Of The Student-Edited Law Review, Richard A. Posner
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
Judges' Writing Styles (And Do They Matter?), Richard A. Posner
Articles
No abstract provided.
Judicial Biography, Richard A. Posner
Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein
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
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
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
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
The Permit Power Meets The Constitution, Richard A. Epstein
Articles
No abstract provided.
Remembering Walter, Douglas G. Baird
Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein
Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein
Articles
No abstract provided.
On The Expressive Function Of Law, Cass R. Sunstein
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Articles
No abstract provided.
Judicial Biography: Amicus Curiae, Dennis J. Hutchinson
Judicial Biography: Amicus Curiae, Dennis J. Hutchinson
Articles
No abstract provided.
Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell
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
Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case
Articles
No abstract provided.