Open Access. Powered by Scholars. Published by Universities.®
Articles 31 - 60 of 84
Full-Text Articles in Law
Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein
Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein
Articles
No abstract provided.
Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin
Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin
Articles
No abstract provided.
Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner
Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner
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.
Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner
Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner
Articles
No abstract provided.
Social Programs And Manageable Units, Saul Levmore
The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser
The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser
Articles
No abstract provided.
Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein
Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein
Articles
No abstract provided.
More Than Mere Majorities, Saul Levmore
Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case
Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case
Articles
No abstract provided.
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Articles
It has been twenty years since the US Court of Appeals for the Second Circuit issued its landmark decision in Filartiga v PenaIrala. In upholding federal court jurisdiction over a suit between aliens concerning violations of international human rights standards in a foreign country, the court in Filartiga paved the way for modern international human rights litigation. As Professor David Bederman has observed, "[i]n a sense, all current human rights litigation owes its fortune to Filartiga." Since Filartiga, US courts have been confronted with two waves of international human rights litigation. The first wave has primarily involved suits, like Filartiga …
An Attitudinal Theory Of Expressive Law, Richard H. Mcadams
An Attitudinal Theory Of Expressive Law, Richard H. Mcadams
Articles
No abstract provided.
Diffusion And Focus In International Law Scholarship, Diane P. Wood
Diffusion And Focus In International Law Scholarship, Diane P. Wood
Articles
No abstract provided.
Book Review (Reviewing Patrick Wormald, The Making Of English Law: King Alfred To The Twelfth Century (1999)), Richard H. Helmholz
Book Review (Reviewing Patrick Wormald, The Making Of English Law: King Alfred To The Twelfth Century (1999)), Richard H. Helmholz
Articles
No abstract provided.
Group Dynamics, Cass R. Sunstein
The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein
The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein
Articles
No abstract provided.
The Necessity For Constrained Deliberation, Richard A. Epstein
The Necessity For Constrained Deliberation, Richard A. Epstein
Articles
No abstract provided.
The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein
The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein
Articles
No abstract provided.
Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell
Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell
Articles
No abstract provided.
Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg
Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg
Articles
No abstract provided.
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Articles
No abstract provided.
American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein
American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein
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
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
Articles
No abstract provided.
The Parental Rights Of Minors, Emily Buss
Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith
Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith
Articles
No abstract provided.
Regulatory Competition Or Regulatory Harmonization - A Silly Question, Alan O. Sykes
Regulatory Competition Or Regulatory Harmonization - A Silly Question, Alan O. Sykes
Articles
The debate over 'competition versus harmonization' in regulatory policy often confuses the pertinent alternatives. This comment argues that neither pure regulatory competition nor complete regulatory harmonization is desirable or feasible where important international cross-border effects of regulation arise. Instead, a considerable degree of cooperation is almost always needed, yet non-homogeneity of regulatory policies is almost always desirable as well. This proposition holds virtually regardless of the subject matter of regulation.
Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes
Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes
Articles
No abstract provided.
Voting With Intensity, Saul Levmore
Voting With Intensity, Saul Levmore
Articles
Can intense preferences be accommodated in voting schemes without shifting power to wealthier citizens and organized interests? This article first situates the question within the larger issue of the inalienability of some legal rights, and then focuses on collective action problems among voters. These problems offer a way to explain our present rules and intuitions regarding vote buying and related matters in areas ranging from corporate law to associations and to campaign finance reform. But in large-scale general elections, collective action problems are likely to doom strategies for extracting information about intense preferences, and they may even produce perverse results. …
Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques
Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques
Articles
No abstract provided.
Focal Point Theory Of Expressive Law, Richard H. Mcadams
Focal Point Theory Of Expressive Law, Richard H. Mcadams
Articles
No abstract provided.
Internet And The Dormant Commerce Clause, The, Jack L. Goldsmith, Alan O. Sykes
Internet And The Dormant Commerce Clause, The, Jack L. Goldsmith, Alan O. Sykes
Articles
No abstract provided.