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Articles 1 - 30 of 55
Full-Text Articles in Entire DC Network
The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler
The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler
Articles
No abstract provided.
After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert
After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert
Articles
This article traces some of the controversies surrounding DNA evidence and argues that although many have been laid to rest by scientific developments confirmed in the National Research Council's second DNA report, there remain several problems which are likely to lead to continued questioning of standard ways prosecutors present DNA evidence. Although much about the report is to be commended, it falls short in several ways, the most important of which is in its support for presenting random match probabilities independent of plausible error rates. The article argues that although one can sympathize with the NRC committee's decision as an …
Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert
Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert
Articles
As I write, the racial divide in America is said to be greater than at any time in the past 25 years.' Two events are blamed: the O.J. Simpson criminal trial and the Louis Farrakan led "Million Man March." That these events should exacerbate racial division is extraordinary. The Farrakan led march brought together between 400,000 and 800,000 black males to pledge that they would take the kind of responsibility for their actions and their families that white Americans have long argued they should take. The O.J. Simpson trial was more a "who done it" than a racial morality play. …
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
Articles
No abstract provided.
Rational Choice, Behavioral Economics, And The Law, Richard A. Posner
Rational Choice, Behavioral Economics, And The Law, Richard A. Posner
Articles
No abstract provided.
Why Quine Is Not A Postmodernist, Brian Leiter
The Problematics Of Moral And Legal Theory, Richard A. Posner
The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …
How Law Constructs Preferences, Cass R. Sunstein
The Future Of Law And Economics: Looking Forward, Douglas G. Baird
The Future Of Law And Economics: Looking Forward, Douglas G. Baird
Articles
No abstract provided.
Comment: Accounting For Norms, Richard H. Mcadams
Adversary Inferences, Frank H. Easterbrook
The Implementation Of Constitutional Rights: Insights From Law And Economics, Gerald Rosenberg
The Implementation Of Constitutional Rights: Insights From Law And Economics, Gerald Rosenberg
Articles
No abstract provided.
From Theory To Practice Order Of The Coif Lecture: Response, Cass R. Sunstein
From Theory To Practice Order Of The Coif Lecture: Response, Cass R. Sunstein
Articles
No abstract provided.
The Origin, Development, And Regulation Of Norms, Richard H. Mcadams
The Origin, Development, And Regulation Of Norms, Richard H. Mcadams
Articles
No abstract provided.
Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter
Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter
Articles
No abstract provided.
Judges And Economics: Normative, Positive, And Experimental Perspectives, Saul Levmore
Judges And Economics: Normative, Positive, And Experimental Perspectives, Saul Levmore
Articles
No abstract provided.
Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld
Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld
Articles
The juvenile court system should be abolished and all juvenile offenders should be integrated into the traditional criminal court system. The offenders' age should be taken into account during sentencing. The juvenile court system is a failure because a criminal punishment system cannot also be a social welfare system.
Black And White (Book Review), Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Articles
No abstract provided.
Law And Economics: Its Glorious Past And Cloudy Future, Richard A. Epstein
Law And Economics: Its Glorious Past And Cloudy Future, Richard A. Epstein
Articles
No abstract provided.
Abuse Excuse And Patriarchal Narratives, Mary E. Becker
Abuse Excuse And Patriarchal Narratives, Mary E. Becker
Articles
No abstract provided.
Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein
Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein
Articles
No abstract provided.
Foreword: Holmes, Richard A. Posner
Conceptions Of Legal Theory: A Response To Ronald Dworkin, Richard A. Posner
Conceptions Of Legal Theory: A Response To Ronald Dworkin, Richard A. Posner
Articles
The editors have kindly invited Professor Sunstein and me to comment on Ronald Dworkin's article In Praise of Theory.' The article is critical of what Dworkin calls the "Chicago School" of "anti-theorists," 2 to which he has consigned both Sunstein and me despite the palpable differences between our views. I do not want to paper over those differences, but I do want to point out that Dworkin has committed the identical error in his criticisms of both of us, as well as mischaracterizing our views. That error is to announce a parochial definition of "theory," then define anyone who does …
Note On Voluntary Versus Involuntary Risks, A Second Annual Cummings Colloquium On Environmental Law: Risk In The Republic: Comparative Risk Analysis And Public Policy: Making Risk Policy In The Face Of Expert/Public Conflicts, Cass R. Sunstein
Articles
No abstract provided.
Freedom From Persecution Or Protection Of The Rights Of Conscience: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell
Freedom From Persecution Or Protection Of The Rights Of Conscience: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell
Articles
No abstract provided.
The Future Of Law And Economics: Looking Forward, Richard A. Posner
The Future Of Law And Economics: Looking Forward, Richard A. Posner
Articles
No abstract provided.
Two Guns, Four Guns, Six Guns, More Guns: Does Arming The Public Reduce Crime Juvenile Crime?, Albert Alschuler
Two Guns, Four Guns, Six Guns, More Guns: Does Arming The Public Reduce Crime Juvenile Crime?, Albert Alschuler
Articles
No abstract provided.
Behavioral Analysis Of Law, Cass R. Sunstein
Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker
Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker
Articles
No abstract provided.