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2000

University of Chicago Law School

Journal Articles

Articles 1 - 30 of 55

Full-Text Articles in Law

What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner Oct 2000

What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner

Journal Articles

No abstract provided.


Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner May 2000

Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner

Journal Articles

No abstract provided.


The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz Mar 2000

The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz

Journal Articles

No abstract provided.


Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner Mar 2000

Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner

Journal Articles

In Law and Disagreement, Jeremy Waldron, born and educated in New Zealand and trained in England, mounts a powerful argument in favor of legislation as a legitimate source of authority and correspondingly denigrates the American faith in judicial review. Waldron claims among other things that a legislature's inability to achieve consensus enables legislation to resolve disputes in a way that preserves the dignity and self-respect of losers in the policy struggle. In this Book Review Essay, Judge Posner commends Waldron for his impressive criticisms of the theoretical basis for the American faith in judicial review. At the same time ...


Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner Mar 2000

Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner

Journal Articles

No abstract provided.


How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz Jan 2000

How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz

Journal Articles

No abstract provided.


Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin Jan 2000

Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin

Journal Articles

No abstract provided.


Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg Jan 2000

Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg

Journal Articles

No abstract provided.


Commercial Norms And The Fine Art Of The Small Con: Comments On Daniel Keating's Exploring The Battle Of The Forms In Action, Douglas G. Baird Jan 2000

Commercial Norms And The Fine Art Of The Small Con: Comments On Daniel Keating's Exploring The Battle Of The Forms In Action, Douglas G. Baird

Journal Articles

No abstract provided.


The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein Jan 2000

The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein

Journal Articles

No abstract provided.


Mass Incarceration: Perspectives On U.S. Imprisonment, Randolph N. Stone Jan 2000

Mass Incarceration: Perspectives On U.S. Imprisonment, Randolph N. Stone

Journal Articles

No abstract provided.


Orwell Versus Huxley: Economics, Technology, Privacy And Satire, Richard A. Posner Jan 2000

Orwell Versus Huxley: Economics, Technology, Privacy And Satire, Richard A. Posner

Journal Articles

No abstract provided.


Tributes: Health, Heart And Mind: The Contributions Of Richard A. Posner To Health Law And Policy, Diane P. Wood Jan 2000

Tributes: Health, Heart And Mind: The Contributions Of Richard A. Posner To Health Law And Policy, Diane P. Wood

Journal Articles

No abstract provided.


More Than Mere Majorities, Saul Levmore Jan 2000

More Than Mere Majorities, Saul Levmore

Journal Articles

No abstract provided.


Law And Social Norms: The Case Of Tax Compliance, Eric A. Posner Jan 2000

Law And Social Norms: The Case Of Tax Compliance, Eric A. Posner

Journal Articles

No abstract provided.


Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques Jan 2000

Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques

Journal Articles

No abstract provided.


An Attitudinal Theory Of Expressive Law, Richard H. Mcadams Jan 2000

An Attitudinal Theory Of Expressive Law, Richard H. Mcadams

Journal Articles

No abstract provided.


The Necessity For Constrained Deliberation, Richard A. Epstein Jan 2000

The Necessity For Constrained Deliberation, Richard A. Epstein

Journal Articles

No abstract provided.


Savigny, Holmes, And The Law And Economics Of Possession, Richard A. Posner Jan 2000

Savigny, Holmes, And The Law And Economics Of Possession, Richard A. Posner

Journal Articles

No abstract provided.


Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner Jan 2000

Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner

Journal Articles

Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.


Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith Jan 2000

Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith

Journal Articles

No abstract provided.


Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes Jan 2000

Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes

Journal Articles

No abstract provided.


Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner Jan 2000

Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner

Journal Articles

No abstract provided.


A Theory Of Contract Law Under Conditions Of Radical Judicial Error, Eric A. Posner Jan 2000

A Theory Of Contract Law Under Conditions Of Radical Judicial Error, Eric A. Posner

Journal Articles

No abstract provided.


Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell Jan 2000

Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell

Journal Articles

No abstract provided.


Book Review (Reviewing Patrick Wormald, The Making Of English Law: King Alfred To The Twelfth Century (1999)), Richard H. Helmholz Jan 2000

Book Review (Reviewing Patrick Wormald, The Making Of English Law: King Alfred To The Twelfth Century (1999)), Richard H. Helmholz

Journal Articles

No abstract provided.


The Adolescent's Stake In The Allocation Of Educational Control Between Parent And State, Emily Buss Jan 2000

The Adolescent's Stake In The Allocation Of Educational Control Between Parent And State, Emily Buss

Journal Articles

Courts policymakers; and scholars have long struggled with the question of how to allocate educational control between parents and the state, particularly where parents' preferences are religiously motivated. While the debate reflects a broad range of viewpoints, these viewpoints share a common blind spot: They focus on the state's interest in imparting certain knowledge and skills; and ignore the state's interest in facilitating interactions among ideologically diverse peers. This Article argues that, particularly for older adolescents, the nature of their peer interactions has a far bigger impact on their development than does the content of their curriculum. Drawing ...


The Parental Rights Of Minors, Emily Buss Jan 2000

The Parental Rights Of Minors, Emily Buss

Journal Articles

No abstract provided.


Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case Jan 2000

Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case

Journal Articles

No abstract provided.


Ironing Out The Flat Tax, David A. Weisbach Jan 2000

Ironing Out The Flat Tax, David A. Weisbach

Journal Articles

While the Flat Tax has attracted substantial attention, proponents of the tax have not given any details of its implementation. Without this detail, evaluation of the tax is difficult. Claims of simplicity may be false. The efficiency claims for the Flat Tax rely on its relative unavoidability and its cleanly stated economic incentives, but without details, these claims cannot be evaluated Moreover, the distribution of the tax burden will be affected by its implementation. This article attempts to fill in the gap by considering the design issues presented by the Flat Tax. A wide variety of issues are considered, including ...