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2006

Journal Articles

University of Chicago Law School

Articles 1 - 30 of 87

Full-Text Articles in Law

Civil Liberties V. National Security In The Law's Open Areas, Geoffrey R. Stone Dec 2006

Civil Liberties V. National Security In The Law's Open Areas, Geoffrey R. Stone

Journal Articles

No abstract provided.


'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz Nov 2006

'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz

Journal Articles

This is an Article about using reputation-tracking technologies to displace criminal law enforcement and improve the tort system. The Article contains an extended application of this idea to the regulation of motorist behavior and examines the broader case for using technologies that aggregate dispersed information in various settings where reputational concerns do not adequately deter uncooperative behavior. The Article proposes a compulsory "How's My Driving?" program for all motor vehicles. Although more rigorous study is warranted, the initial data from voluntary "How's My Driving?" programs is quite promising, suggesting that the use of "How's My Driving?" placards ...


The Law Of Other States, Eric A. Posner, Cass R. Sunstein Oct 2006

The Law Of Other States, Eric A. Posner, Cass R. Sunstein

Journal Articles

The question of whether courts should consult the laws of "other states" has produced intense controversy. But in some ways, this practice is entirely routine; within the United States, state courts regularly consult the decisions of other state courts in deciding on the common law, the interpretation of statutory law, and even the meaning of state constitutions. A formal argument in defense of such consultation stems from the Condorcet Jury Theorem, which says that under certain conditions, a widespread belief accepted by a number of independent actors, is highly likely to be correct. It follows that if a large majority ...


Information Asymmetries And The Rights To Exclude, Lior Strahilevitz Aug 2006

Information Asymmetries And The Rights To Exclude, Lior Strahilevitz

Journal Articles

No abstract provided.


The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls Jul 2006

The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls

Journal Articles

Considerable attention has been given to the Implicit Association Test (IA T), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of "debiasing ...


Legal Reason: The Use Of Analogy In Legal Argument, Richard A. Posner Mar 2006

Legal Reason: The Use Of Analogy In Legal Argument, Richard A. Posner

Journal Articles

No abstract provided.


Reasoning By Analogy (Reviewing Lloyd L. Weinreb, Legal Reason: The Use Of Analogy In Legal Argument (2005)), Richard A. Posner Mar 2006

Reasoning By Analogy (Reviewing Lloyd L. Weinreb, Legal Reason: The Use Of Analogy In Legal Argument (2005)), Richard A. Posner

Journal Articles

No abstract provided.


Misfearing: A Reply, Cass R. Sunstein Feb 2006

Misfearing: A Reply, Cass R. Sunstein

Journal Articles

No abstract provided.


Properties Of Concentration, Lee Anne Fennell Jan 2006

Properties Of Concentration, Lee Anne Fennell

Journal Articles

No abstract provided.


Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Tom Ginsburg, Paul F. Diehl Jan 2006

Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Tom Ginsburg, Paul F. Diehl

Journal Articles

No abstract provided.


Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein Jan 2006

Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein

Journal Articles

No abstract provided.


Private Debt And The Missing Lever Of Corporate Governance, Douglas G. Baird, Robert K. Rasmussen Jan 2006

Private Debt And The Missing Lever Of Corporate Governance, Douglas G. Baird, Robert K. Rasmussen

Journal Articles

Traditional approaches to corporate governance focus exclusively on shareholders and neglect the large and growing role of creditors. Today's creditors craft elaborate covenants that give them a large role in the affairs of the corporation. While they do not exercise their rights in sunny times when things are going well, these are not the times that matter most. When a business stumbles, creditors typically enjoy powers that public shareholders never have, such as the ability to replace the managers and install those more to their liking. Creditors exercise these powers even when the business is far from being insolvent ...


Our Ignorance About Intelligence, Richard A. Epstein Jan 2006

Our Ignorance About Intelligence, Richard A. Epstein

Journal Articles

No abstract provided.


Efficient Responses To Catastrophic Risk, Richard A. Posner Jan 2006

Efficient Responses To Catastrophic Risk, Richard A. Posner

Journal Articles

No abstract provided.


Law Reviews, Richard A. Posner Jan 2006

Law Reviews, Richard A. Posner

Journal Articles

No abstract provided.


The Role Of The Judge In The Twenty-First Century, Richard A. Posner Jan 2006

The Role Of The Judge In The Twenty-First Century, Richard A. Posner

Journal Articles

In my youthful, scornful way, I recognized four kinds of judgments; first the cogitative, of and by reflection and logomancy; second, aleatory, of and by the dice; third, intuitive, of and by feeling or "hunching;" and fourth, asinine, of and by an ass; and in that same youthful, scornful way I regarded the last three as only variants of each other, the results of processes all alien to good judges.


Common-Law Economic Torts: An Economic And Legal Analysis, Richard A. Posner Jan 2006

Common-Law Economic Torts: An Economic And Legal Analysis, Richard A. Posner

Journal Articles

No abstract provided.


Tilting At Windmills: Brown Ii And The Hopeless Quest To Resolve Deep-Seated Social Conflict Through Litigation, Gerald Rosenberg Jan 2006

Tilting At Windmills: Brown Ii And The Hopeless Quest To Resolve Deep-Seated Social Conflict Through Litigation, Gerald Rosenberg

Journal Articles

No abstract provided.


One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk Jan 2006

One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk

Journal Articles

No abstract provided.


International Law: A Welfarist Approach, Eric A. Posner Jan 2006

International Law: A Welfarist Approach, Eric A. Posner

Journal Articles

This Article evaluates international law from a welfarist perspective. Global welfarism requires that international law advance the well-being of everyone in the world, and scholars influenced by global welfarism and similar cosmopolitan principles have advocated radical restructuring of international law. But global welfarism is subject to several constraints; including (1) heterogeneity of preferences of the world population, which produces the state system; (2) agency costs, which produce imperfect governments; and (3) the problem of collective action. These constraints place limits on what policies motivated by global welfarism can achieve and explain some broad features of international law that otherwise remain ...


Chevronizing Foreign Relations Law, Eric A. Posner, Cass R. Sunstein Jan 2006

Chevronizing Foreign Relations Law, Eric A. Posner, Cass R. Sunstein

Journal Articles

A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, courts usually interpret ambiguous statutes to conform to international law and understand them not to apply outside of the nation's territorial boundaries. The international comity doctrines are best understood as a product of a judicial judgment that in particular contexts the costs of deference to foreign interests are lower than the benefits to American interests. Sometimes Congress balances these considerations and incorporates its judgment in a statute, but usually it does not. In such cases, executive ...


There Are No Penalty Default Rules In Contract Law, Eric A. Posner Jan 2006

There Are No Penalty Default Rules In Contract Law, Eric A. Posner

Journal Articles

In an influential article, Ian Ayres and Robert Gertner introduced the concept of the "penalty default rule," a rule that fills a gap in an incomplete contract with a term that would not be chosen by a majority of parties similarly situated to the parties to the contract in question. Ayres and Gertner argued that such a rule might be efficient in a model in which contracting parties have asymmetric information. However, Ayres and Gertner did not provide any persuasive examples of penalty default rules; their best example is the Hadley rule, but this rule is probably not a penalty ...


Mandatory Access Obligations And Standing, Randal C. Picker Jan 2006

Mandatory Access Obligations And Standing, Randal C. Picker

Journal Articles

No abstract provided.


Freedom Of The Press In Time Of War, Geoffrey R. Stone Jan 2006

Freedom Of The Press In Time Of War, Geoffrey R. Stone

Journal Articles

No abstract provided.


A New Progressivism, Cass R. Sunstein Jan 2006

A New Progressivism, Cass R. Sunstein

Journal Articles

There are serious problems with the two twentieth-century approaches to government: the way of markets and the way of planning. The New Progressivism simultaneously offers (1) a distinctive conception of government's appropriate means, an outgrowth of the late-twentieth-century critique of economic planning, and (2) a distinctive understanding of government's appropriate ends, an outgrowth of evident failures with market arrangements and largely a product of the mid-twentieth-century critique of laissez faire. The New Progressivism emphasizes the need to replace bans and commands with appropriate incentives, and to attend to social norms and social meanings in leading human behavior in ...


The Fundamental Deficiencies Of The Agreement On Safeguards: A Reply To Professor Lee, Alan O. Sykes Jan 2006

The Fundamental Deficiencies Of The Agreement On Safeguards: A Reply To Professor Lee, Alan O. Sykes

Journal Articles

No abstract provided.


Reconstructing Richard Epstein, Eduardo Peñalver Jan 2006

Reconstructing Richard Epstein, Eduardo Peñalver

Journal Articles

No abstract provided.


Separation Versus Accommodation: Why We Should Favor The Latter, Richard A. Epstein Jan 2006

Separation Versus Accommodation: Why We Should Favor The Latter, Richard A. Epstein

Journal Articles

No abstract provided.


Intuition, Custom, And Protocol: How To Make Sound Decisions With Limited Knowledge, Richard A. Epstein Jan 2006

Intuition, Custom, And Protocol: How To Make Sound Decisions With Limited Knowledge, Richard A. Epstein

Journal Articles

No abstract provided.


The Prime Directive, Douglas G. Baird, Robert K. Rasmussen Jan 2006

The Prime Directive, Douglas G. Baird, Robert K. Rasmussen

Journal Articles

No abstract provided.