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Social and Behavioral Sciences Commons

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Articles 1 - 7 of 7

Full-Text Articles in Social and Behavioral Sciences

A Theory Of Poverty: Legal Immobility, Sara Sternberg Greene Jan 2019

A Theory Of Poverty: Legal Immobility, Sara Sternberg Greene

Faculty Scholarship

The puzzle of why the cycle of poverty persists and upward class mobility is so difficult for the poor has long captivated scholars and the public alike. Yet with all of the attention that has been paid to poverty, the crucial role of the law, particularly state and local law, in perpetuating poverty is largely ignored. This Article offers a new theory of poverty, one that introduces the concept of legal immobility. Legal immobility considers the cumulative effects of state and local laws as a mechanism through which poverty is perpetuated and upward mobility is stunted. The Article provides an …


Finding Law, Stephen E. Sachs Jan 2019

Finding Law, Stephen E. Sachs

Faculty Scholarship

That the judge's task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed -- as a "fallacy," an "illusion," a "brooding omnipresence in the sky." That dismissive view is wrong. Expecting judges to find unwritten law is no childish fiction of the benighted past, but a real and plausible option for a modern legal system.

This Essay seeks to restore the respectability of finding law, in part by responding to two criticisms made by Erie and …


Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer Jan 2018

Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer

Faculty Scholarship

No abstract provided.


Suboptimal Social Science And Judicial Precedent, Ben Grunwald Jan 2013

Suboptimal Social Science And Judicial Precedent, Ben Grunwald

Faculty Scholarship

No abstract provided.


Concepts Of Law, Mathew D. Mccubbins, Mark Turner Jan 2013

Concepts Of Law, Mathew D. Mccubbins, Mark Turner

Faculty Scholarship

No abstract provided.


Retribution And The Experience Of Punishment, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur Jan 2010

Retribution And The Experience Of Punishment, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

Faculty Scholarship

No abstract provided.


Book Review, Matthew D. Adler Jan 2002

Book Review, Matthew D. Adler

Faculty Scholarship

No abstract provided.