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Full-Text Articles in Law
Mass Incarceration: Perspectives On U.S. Imprisonment, Randolph N. Stone
Mass Incarceration: Perspectives On U.S. Imprisonment, Randolph N. Stone
Articles
No abstract provided.
Privacy, Publication, And The First Amendment: The Dangers Of First Amendment Exceptionalism, Richard A. Epstein
Privacy, Publication, And The First Amendment: The Dangers Of First Amendment Exceptionalism, Richard A. Epstein
Articles
The coordination of common law and constitutional norms are of pressing importance on matters of freedom of speech. In the Supreme Court and elsewhere, it is possible to discern two sharply inconsistent attitudes toward this question. One view holds that the First Amendment simply prevents any legislative backsliding from the common law rules that protect freedom of speech and of the press, much as they protect freedom of contract and freedom of action generally. On this view, the standard rule governing damages and injunctive relief apply to speech much as they do anywhere else. On the alternative view of what …
Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith
Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith
Articles
Article II of the Constitution grants the President the "Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur."1 When the President obtains the Senate's advice and consent and ratifies a treaty, the treaty binds the United States internationally. If the treaty is "self-executing,"2 also becomes part of domestic federal law, superseding both prior inconsistent federal law (treaties and statutes) and prior inconsistent state law.3
The constitutional treatymaking process was designed with a particular type of treaty in mind. In the late eighteenth century, treaties were …
A Theory Of Contract Law Under Conditions Of Radical Judicial Error, Eric A. Posner
A Theory Of Contract Law Under Conditions Of Radical Judicial Error, Eric A. Posner
Articles
No abstract provided.
How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz
How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz
Articles
No abstract provided.
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Articles
In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …
On Philosophy And Economics, Cass R. Sunstein
Standing For Animals (With Notes On Animal Rights) A Tribute To Kenneth L. Karst, Cass R. Sunstein
Standing For Animals (With Notes On Animal Rights) A Tribute To Kenneth L. Karst, Cass R. Sunstein
Articles
No abstract provided.
Television And The Public Interest, Cass R. Sunstein
Television And The Public Interest, Cass R. Sunstein
Articles
The communications revolution has thrown into question the value of imposing public interest obligations on television broadcasters. But the distinctive nature of this unusual market-with "winner-take-all"features, with viewers as a commodity, with pervasive externalities from private choices, and with market effects on preferences as well as the other way around-justifies a continuing role for government regulation in the public interest. At the same time, regulation best takes the form, not of anachronistic command-and-control regulation, but of (1) disclosure requirements, (2) economic incentives ("pay or play"), and (3) voluntary self-regulation through a privately administered code. Some discussion is devoted to free …
The Adolescent's Stake In The Allocation Of Educational Control Between Parent And State, Emily Buss
The Adolescent's Stake In The Allocation Of Educational Control Between Parent And State, Emily Buss
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 on the …
Ironing Out The Flat Tax, David A. Weisbach
Ironing Out The Flat Tax, David A. Weisbach
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 …
The Uneasy Marriage Of Utilitarian And Libertarian Thought, Richard A. Epstein
The Uneasy Marriage Of Utilitarian And Libertarian Thought, Richard A. Epstein
Articles
No abstract provided.
Deliberating About Dollars: The Severity Shift Empirical Study, Cass R. Sunstein, Daniel Kahneman, David Schkade
Deliberating About Dollars: The Severity Shift Empirical Study, Cass R. Sunstein, Daniel Kahneman, David Schkade
Articles
How does jury deliberation affect the predeliberation judgments of individual jurors? In this paper we make progress on that question by reporting the results of a study of over 500 mock juries composed of over 3000 jury eligible citizens. Our principal finding is that with respect to dollars, deliberation produces a "severity shift," in which the jury's dollar verdict is systematically higher than that of the median of its jurors' predeliberation judgments. A "deliberation shift analysis" is introduced to measure the effect of deliberation. The severity shift is attributed to a "rhetorical asymmetry," in which arguments for higher awards are …
Deliberative Trouble - Why Groups Go To Extremes, Cass R. Sunstein
Deliberative Trouble - Why Groups Go To Extremes, Cass R. Sunstein
Articles
No abstract provided.
Orwell Versus Huxley: Economics, Technology, Privacy And Satire, Richard A. Posner
Orwell Versus Huxley: Economics, Technology, Privacy And Satire, Richard A. Posner
Articles
No abstract provided.
Law And Social Norms: The Case Of Tax Compliance, Eric A. Posner
Law And Social Norms: The Case Of Tax Compliance, Eric A. Posner
Articles
No abstract provided.
Tributes: Health, Heart And Mind: The Contributions Of Richard A. Posner To Health Law And Policy, Diane P. Wood
Tributes: Health, Heart And Mind: The Contributions Of Richard A. Posner To Health Law And Policy, Diane P. Wood
Articles
No abstract provided.
Norms As Supplements, Saul Levmore
Savigny, Holmes, And The Law And Economics Of Possession, Richard A. Posner
Savigny, Holmes, And The Law And Economics Of Possession, Richard A. Posner
Articles
No abstract provided.
The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein
The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein
Articles
No abstract provided.
Information And Antitrust Antitrust In The Information Age, Frank H. Easterbrook
Information And Antitrust Antitrust In The Information Age, Frank H. Easterbrook
Articles
No abstract provided.
Simplicity And Complexity In Contracts, Karen Eggleston
Simplicity And Complexity In Contracts, Karen Eggleston
Coase-Sandor Working Paper Series in Law and Economics
Standard economic models of contract imply that contracts should be highly "complex," by which we mean (1) rich in the expected number of payoff-relevant contingencies; (2) variable in the magnitude of payoffs contracted to flow between parties; and (3) severe in the cognitive load necessary to understand the contract. Yet most realworld contracts are simple along all three of these dimensions. We argue that many factors, often neglected in the literature, account for this discrepancy. The factors are categorized as asymmetric information, monitoring dynamics, evolutionary pressures, conventions, reliance on trust and reputation, enforcement costs, bounded rationality, and renegotiation. This positive …
Agency Models In Law And Economics, Eric A. Posner
Agency Models In Law And Economics, Eric A. Posner
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
An Economic Analysis Of The Use Of Citations In The Law, Richard A. Posner
An Economic Analysis Of The Use Of Citations In The Law, Richard A. Posner
Coase-Sandor Working Paper Series in Law and Economics
This paper examines the use of citations analysis as an empirical tool for understanding aspects of the legal system and for improving the performance of the system. Emphasis is laid on the use of such analysis as a means to evaluate courts and judges (and therefore as judicial-management tool), to test hypotheses about judicial behavior, and to evaluate and improve legal scholarship. It is argued that economic models, particularly of reputation and of human capital, can frame and guide the use of citiations analysis in law.