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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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

Social Programs And Manageable Units, Saul Levmore

Articles

No abstract provided.


The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser Jan 2000

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 Jan 2000

Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein

Articles

No abstract provided.


More Than Mere Majorities, Saul Levmore Jan 2000

More Than Mere Majorities, Saul Levmore

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

Articles

No abstract provided.


Customary International Law And Private Rights Of Action, Curtis A. Bradley Jan 2000

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 Jan 2000

An Attitudinal Theory Of Expressive Law, Richard H. Mcadams

Articles

No abstract provided.


Diffusion And Focus In International Law Scholarship, Diane P. Wood Jan 2000

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 Jan 2000

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 Jan 2000

Group Dynamics, Cass R. Sunstein

Articles

No abstract provided.


The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 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

Articles

No abstract provided.


The Parental Rights Of Minors, Emily Buss Jan 2000

The Parental Rights Of Minors, Emily Buss

Articles

No abstract provided.


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

Articles

No abstract provided.


Regulatory Competition Or Regulatory Harmonization - A Silly Question, Alan O. Sykes Jan 2000

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 Jan 2000

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

Articles

No abstract provided.


Voting With Intensity, Saul Levmore Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

Internet And The Dormant Commerce Clause, The, Jack L. Goldsmith, Alan O. Sykes

Articles

No abstract provided.