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Full-Text Articles in Law
Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein
Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein
Articles
No abstract provided.
Impeachment And Presidential Immunity From Judicial Process, Joseph Isenbergh
Impeachment And Presidential Immunity From Judicial Process, Joseph Isenbergh
Occasional Papers
No abstract provided.
A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith
A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Line Drawing, Doctrine, And Efficiency In The Tax Law, David A. Weisbach
Line Drawing, Doctrine, And Efficiency In The Tax Law, David A. Weisbach
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley
The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
A Positive Theory Of Chapter 11, Eric A. Posner, Kevin A. Kordana
A Positive Theory Of Chapter 11, Eric A. Posner, Kevin A. Kordana
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
How Dramatically Did Women’S Suffrage Change The Size And Scope Of Government?, John Lott, Larry Kenny
How Dramatically Did Women’S Suffrage Change The Size And Scope Of Government?, John Lott, Larry Kenny
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Self-Help In The Digital Jungle, Kenneth W. Dam
Self-Help In The Digital Jungle, Kenneth W. Dam
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Punitive Damages: Their Determinants, Effects On Firm Value, And The Impact Of Supreme Court And Congressional Attempts To Limit Awards, John Lott, Jonathan M. Karpoff
Punitive Damages: Their Determinants, Effects On Firm Value, And The Impact Of Supreme Court And Congressional Attempts To Limit Awards, John Lott, Jonathan M. Karpoff
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Second-Order Decisions, Cass R. Sunstein, Edna Ullmann-Margalit
Second-Order Decisions, Cass R. Sunstein, Edna Ullmann-Margalit
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler
A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler
Articles
Economic analysis of law usually proceeds under the assumptions of neoclassical economics. But empirical evidence gives much reason to doubt these assumptions; people exhibit bounded rationality, bounded self-interest, and bounded willpower. This article
The Problematics Of Moral And Legal Theory, Richard A. Posner
The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …
A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler
A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Does A Helping Hand Put Others At Risk?: Affirmative Action, Police Departments, And Crime, John Lott
Does A Helping Hand Put Others At Risk?: Affirmative Action, Police Departments, And Crime, John Lott
Coase-Sandor Working Paper Series in Law and Economics
Will increasing the number of minority and women police officers make law enforcement more effective by drawing on abilities that have gone untapped and creating better contact with communities and victims? Or will standards have to be lowered too far before large numbers of minorities and women can be hired? Using cross-sectional time-series data for U.S. cities for 1987, 1990, and 1993, I find that more black and minority police officers increase crime rates. This arises because lower hiring standards involved in recruiting more minority officers reduces the quality of both new minority and new nonminority officers. The most adverse …
Incentives And Social Capital: Are Homeowners Better Citizens?, Edward L. Glaeser, Denise Dipasquale
Incentives And Social Capital: Are Homeowners Better Citizens?, Edward L. Glaeser, Denise Dipasquale
Coase-Sandor Working Paper Series in Law and Economics
Homeownership may encourage investment in local amenities and social capital, both because homeownership gives individuals an incentive to improve their community and because homeownership creates barriers to mobility. Using the U.S. General Social Survey, we document that homeowners invest more in social capital; a simple instrumental variables strategy suggests that the relationship may be causal. We also find evidence that a large portion of the effect of homeownership on these investments comes from lower mobility rates for homeowners. Using the German Socio-Economic Panel, we find a connection between homeownership and citizenship controlling for individual fixed effects.
Values And Consequences: An Introduction To Economic Analysis Of Law, Richard A. Posner
Values And Consequences: An Introduction To Economic Analysis Of Law, Richard A. Posner
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
A Simple Explanation For Why Campaign Expenditures Are Increasing: The Government Is Getting Bigger, John Lott
A Simple Explanation For Why Campaign Expenditures Are Increasing: The Government Is Getting Bigger, John Lott
Coase-Sandor Working Paper Series in Law and Economics
This paper shows that most of the large recent increases in campaign spending for Federal and state offices can be explained by higher government spending. This result holds for both Federal and state legislative campaigns and gubernatorial races and across many different specifications.Evidence is also examined on whether it is the composition and not just the level of expenditures which determines campaign expenditures and whether higher government expenditures similarly results in more candidates competing for office. The data provide some indication that legislative term limits reduce campaign expenditures and increase the number of candidates running for office. Finally, by focusing …
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert Alschuler
Articles
No abstract provided.
Federalism And The Family Reconstructed, Jill Elaine Hasday
Federalism And The Family Reconstructed, Jill Elaine Hasday
Articles
No abstract provided.
Professionalisms, Richard A. Posner
Incommensurability: Truth Or Consequences?, Brian Leiter
Incommensurability: Truth Or Consequences?, Brian Leiter
Articles
No abstract provided.
Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore
Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore
Articles
No abstract provided.
The Demand For Human Cloning, Richard A. Posner, Eric A. Posner
The Demand For Human Cloning, Richard A. Posner, Eric A. Posner
Articles
No abstract provided.
Against Constitutional Theory, Richard A. Posner
Against Constitutional Theory, Richard A. Posner
Articles
In this Madison Lecture, Chief Judge Posner advocates a pragmatic approach to constitutional decisionmaking, criticizing constitutional theorists who conceal their normative goals in vague and unworkable principles of interpretation. After discussing specific constitutional theories as well as the legal academy's increasing reliance on theory in genera Posner demonstrates the ineffectuality of constitutional theory, using the Supreme Court's decisions in United States v. Virginia and Romer v. Evans as examples. He argues not that these cases were necessarily wrongly decided, but that the opinions lack the empirical support that is crucial to sound constitutional adjudication. Posner urges law professors to focus …
Why It's Not Free Speech Versus Fair Trial, David A. Strauss
Why It's Not Free Speech Versus Fair Trial, David A. Strauss
Articles
No abstract provided.
Affirmative Action, Caste, And Cultural Comparisons Correspondence, Cass R. Sunstein
Affirmative Action, Caste, And Cultural Comparisons Correspondence, Cass R. Sunstein
Articles
No abstract provided.
Bad Incentives And Bad Institutions, Cass R. Sunstein
Lawyers And Confidentiality, Daniel R. Fischel
When The Taking Itself Is Just Compensation, Lior Strahilevitz
When The Taking Itself Is Just Compensation, Lior Strahilevitz
Articles
No abstract provided.
Protecting Property With Legal Remedies: A Common Sense Reply To Professor Ayres, Richard A. Epstein
Protecting Property With Legal Remedies: A Common Sense Reply To Professor Ayres, Richard A. Epstein
Articles
No abstract provided.