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Articles 1 - 30 of 76
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The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert
Articles
There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …
Introduction To "Books", Margaret A. Leary
Introduction To "Books", Margaret A. Leary
Articles
It's well known that graduate William B. Cook's generosity provided the Law School with its trademark Gothic Law Quadrangle. It is less universally known that Cook endowed the Law School with a trust to support faculty research, and had a strong interest in the nature of that research. He chose to call the library building "Legal Research" and to inscribe above the main entrance "Learned and cultured lawyers are safeguards of the republic." Cook often said that the lack of "intellectual leadership 1s the greatest problem which faces America," and he wanted this Law School to provide that missing leadership. …
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein
Articles
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …
Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert
Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert
Articles
In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …
Experts, Carl E. Schneider
Experts, Carl E. Schneider
Articles
George Bernard Shaw famously said that all professions are conspiracies against the laity. Less famously, less elegantly, but at least as accurately, Andrew Abbott argued that professions are conspiracies against each other. Professions compete for authority to do work and for authority over work. The umpire in these skirmishes and sieges is the government, for the state holds the gift of monopoly and the power to regulate it. In Abbott's terms, "bioethics" is contesting medicine's power to influence the way doctors treat patients. If it follows the classic pattern, bioethics will solicit work and authority by recruiting government's power. A …
Unfriendly Actions: The Amicus Brief Battle At The Wto, Andrea Kupfer Schneider
Unfriendly Actions: The Amicus Brief Battle At The Wto, Andrea Kupfer Schneider
Articles
No abstract provided.
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
Articles
The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …
Comment On Lempert On Posner, Richard A. Posner
Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein
Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein
Articles
No abstract provided.
Rights Of Sexual Minorities In Ireland And Europe: Rhetoric Versus Reality, Bruce Carolan
Rights Of Sexual Minorities In Ireland And Europe: Rhetoric Versus Reality, Bruce Carolan
Articles
Superficially, Irish and European Community law proclaim the rights of sexual minorities - particularly in web sites and printed information designed for public consumption. The reality is different. This article identifies a gap between the public pronouncements on the rights of sexual minorities under Irish and EC law. It employs a hypothetical fact situation to suggest that existing legal protections are anemic, and argues that the potential failure of affected groups to identify these deficiencies (due to contradictory claims in public information campaigns) could endanger efforts to effect progressive change.
Cost-Benefit Analysis And Relative Position, Cass R. Sunstein, Robert H. Frank
Cost-Benefit Analysis And Relative Position, Cass R. Sunstein, Robert H. Frank
Articles
Current estimates of regulatory benefits are too low and possibly far too low. This is because the standard economic approach to measuring costs and benefits, which attempts to estimate people's willingness to pay for various regulatory benefits, ignores a central point about valuation, thus producing numbers that systematically understate those benefits. Conventional estimates tell us the amount of income an individual, acting in isolation, would be willing to sacrifice in return for, say, an increase in safety on the job. But while these estimates are based on the implicit assumption that economic well-being depends only on absolute income, considerable evidence …
How High The Apple Pie - A Few Troubling Questions About Where, Why, And How The Burden Of Care For Children Should Be Shifted, Mary Anne Case
How High The Apple Pie - A Few Troubling Questions About Where, Why, And How The Burden Of Care For Children Should Be Shifted, Mary Anne Case
Articles
No abstract provided.
Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Duquette
Human Rights In The European Union: Internal Versus External Objectives, Elizabeth Duquette
Articles
No abstract provided.
Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Douglas G. Baird, Robert K. Rasmussen
Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Douglas G. Baird, Robert K. Rasmussen
Articles
No abstract provided.
In Praise Of Numbers: A Reply, Cass R. Sunstein
Human Behavior And The Law Of Work, Cass R. Sunstein
Of Artificial Intelligence And Legal Reasoning, Cass R. Sunstein
Of Artificial Intelligence And Legal Reasoning, Cass R. Sunstein
Articles
No abstract provided.
On Academic Fads And Fashions 2001 Survey Of Books Relating To The Law: Foreword, Cass R. Sunstein
On Academic Fads And Fashions 2001 Survey Of Books Relating To The Law: Foreword, Cass R. Sunstein
Articles
No abstract provided.
Statistics, Not Experts, Cass R. Sunstein, William Meadow
Statistics, Not Experts, Cass R. Sunstein, William Meadow
Articles
No abstract provided.
Signaling Discount Rates: Law, Norms, And Economic Methodology (Reviewing Eric A. Posner, Law And Social Norms (2000)), Richard H. Mcadams
Signaling Discount Rates: Law, Norms, And Economic Methodology (Reviewing Eric A. Posner, Law And Social Norms (2000)), Richard H. Mcadams
Articles
No abstract provided.
Naturalized Epistemology And The Law Of Evidence, Brian Leiter, Ronald J. Allen
Naturalized Epistemology And The Law Of Evidence, Brian Leiter, Ronald J. Allen
Articles
No abstract provided.
The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman
The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman
Articles
Professor Robert D. Putnam's work is, in many respects, the contemporary companion to Democracy in America.' It comprehensively surveys and tests common presumptions held about our democracy with apparently very reliable quantitative data. Until recently, a work of this depth and breadth has been unavailable. Putnam sets forth a well supported thesis suggesting that even though American financial capital may be at a high, its "social capital" has perhaps reached a record low, or at least a level similar to the social, economic, and legal bottleneck of a century ago.' His use of empirical and combined data, however, probes into …
The Limits Of Gaylaw, Dale Carpenter
The Limits Of Gaylaw, Dale Carpenter
Articles
The world into which Gaylaw arrives is one whose poles are very far apart. At one pole, a man fatally fractures his dog's skull by beating him with a plastic vacuum cleaner accessory and then throwing the dog against a tree trunk. 3 Why? The man concluded the dog was homosexual after he saw the poodle-Yorkshire terrier mix repeatedly attempt sexual activity with another male terrier. 4 At the man's subsequent trial for animal cruelty, a veterinarian testified that such behavior in dogs is a common way for them to assert dominance, rather than necessarily a sexual act, much less …
Expressive Association And Anti-Discrimination Law After Dale: A Tripartite Approach, Dale Carpenter
Expressive Association And Anti-Discrimination Law After Dale: A Tripartite Approach, Dale Carpenter
Articles
To many who support equal civil rights for gay people, it certainly seems so. 2 In Dale, after all, the Supreme Court held that the First Amendment allowed the Boy Scouts of America (BSA) to exclude an openly gay scoutmaster despite a state law forbidding such discrimination. 3 More broadly, the rationale for the decision - based on the BSA's right of expressive association - has raised fears (for some, hopes) that the Court might be moving toward a sweeping review of the constitutionality of numerous state and federal statutes forbidding discrimination in business-related clubs, public accommodations, and even employment. …
Premarital Agreements In The Ali Principles Of Family Dissolution, Brian H. Bix
Premarital Agreements In The Ali Principles Of Family Dissolution, Brian H. Bix
Articles
Marriage is a public status grounded on an intimate relationship. Those who emphasize the public status aspect have argued that the state, and the state alone, should set the terms for the marriage (including rules for entry, rules during the marriage, and the terms on which the marriage can be dissolved). Those who emphasize the intimate relationship aspect have been more receptive to the parties’ private ordering of the terms of their marriage.
Cost-Benefit Default Principles, Cass R. Sunstein
Introduction: Guns, Crime, And Punishment In America, Bernard E. Harcourt
Introduction: Guns, Crime, And Punishment In America, Bernard E. Harcourt
Articles
No abstract provided.
Legal Scholarship Today, Richard A. Posner
The Road Taken: Robert A. Dahl's Decision-Making In A Democracy: The Supreme Court As A National Policy-Maker, Gerald Rosenberg
The Road Taken: Robert A. Dahl's Decision-Making In A Democracy: The Supreme Court As A National Policy-Maker, Gerald Rosenberg
Articles
No abstract provided.
Is Cost-Benefit Analysis For Everyone?, Cass R. Sunstein
Is Cost-Benefit Analysis For Everyone?, Cass R. Sunstein
Articles
No abstract provided.