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Naturalized Epistemology And The Law Of Evidence, Brian Leiter, Ronald J. Allen

Articles

No abstract provided.

Toward A New Legal Realism (Reviewing Behavioral Law And Economics By Cass R. Sunstein), Daniel A. Farber

University of Chicago Law Review

No abstract provided.

The Political Economy Of Global Multilateralism, John O. Mcginnis

Chicago Journal of International Law

Many conservatives (at the least the subset who are classical liberals) approve of global multilateral trade agreements and allied agreements that keep global capital markets open. Conservatives, however, tend to be openly skeptical of other global multilateral agreements, be they environmental accords, human rights conventions, military pacts, or an agreement on an international criminal court. In this paper I offer the beginnings of a framework of sound political economy that justifies these divergent intuitions and shows that they are rooted in more than just a reflexive liking for trade combined with a disdain for the environment, human rights, criminal justice, …

Is Eu Policy Eroding The Sovereignty Of Non-Member States?, Jeremy Rabkin

Chicago Journal of International Law

In the long run, the most important tensions between Europe and the United States may not derive from differing policies toward Russia, or China, or the Middle East. The most important issues may arise over something that is fundamental to the European Union's own structure and legitimacy-namely, its systematic program of eroding or reconfiguring national sovereignty. This EU posture has many practical ramifications for US policy. But it also presents a clear ideological alternative. A world more in accord with EU designs will be a world in which national sovereignty has less and less meaning. Is that the kind of …

Civil Banishment Of Gang Members: Circumventing Criminal Due Process Requirements?, Stephanie Smith

University of Chicago Law Review

No abstract provided.

Interpreting "Prior Record" Under The Federal Juvenile Delinquency Act, Bradley T. Smith

University of Chicago Law Review

No abstract provided.

Gentle Nudges Vs. Hard Shoves: Solving The Sticky Norms Problem, Dan M. Kahan

University of Chicago Law Review

The resistance of law enforcers sometimes confounds the efforts of lawmakers to change social norms. Thus, as legislators expand liability for date rape, domestic violence, and drunk driving, police become less likely to arrest, prosecutors to charge, jurors to convict, and judges to sentence severely. The conspicuous resistance of these decisionmakers in turn reinforces the norms that lawmakers intended to change. Can this "sticky norms" pathology be effectively treated? It can be, this Article argues, if lawmakers apply "gentle nudges" rather than "hard shoves." When the law embodies a relatively mild degree of condemnation, the desire of most decisionmakers to …

Common Law, Common Ground, And Jefferson's Principle, David A. Strauss

Public Law and Legal Theory Working Papers

No abstract provided.

Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner

Articles

No abstract provided.

Diffusion And Focus In International Law Scholarship, Diane P. Wood

Chicago Journal of International Law

Although the advent of the Chicago Journal of International Law is a welcome event, that fact may not be obvious to all followers of international legal scholarship. After all, there are well more than seventy international law journals already being produced in the United States alone.' A complete list would be hard to compile, and in the end would still be uninformative, because of the simple fact that many international articles regularly appear in general law reviews. Moreover there are many distinguished journals published outside this country.2 Even if parochialism can be forgiven in some areas (though it is hard …

American Advice And New Constitutions, Cass R. Sunstein

Chicago Journal of International Law

The early 1990s were among the most extraordinary periods for constitution-making in the history of the world. Several people at the University of Chicago Law School played a role in this period, mostly as observers, to some small degree as participants. The editors of this Journal have asked me for some brief reflections on this remarkable time; I am grateful to have been asked and happy to oblige. This is an impressionistic essay, but I do have a principal theme. It involves the conflict between what might be called pragmatic and expressive conceptions of constitution-making and constitutionalism. Americans generally tend …

Mass Incarceration: Perspectives On U.S. Imprisonment, Alfred Blumstein, Douglass W. Cassel, Bernardine Dohrn, Mark J. Heyrman, Randolph N. Stone, Franklin E. Zimring

The University of Chicago Law School Roundtable

No abstract provided.

Mass Incarceration: Perspectives On U.S. Imprisonment, Randolph N. Stone

Articles

No abstract provided.

Diffusion And Focus In International Law Scholarship, Diane P. Wood

Articles

No abstract provided.

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 …

Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg

Articles

No abstract provided.

American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein

Articles

No abstract provided.

The Dark Side Of Private Ordering: An Institutional And Empirical Analysis Of Organized Crime, Curtis J. Milhaupt, Mark D. West

University of Chicago Law Review

This Article provides theoretical and empirical support for the claim that organized crime competes with the state to provide property rights enforcement and protection services. Drawing on extensive data from Japan, this Article shows that, like firms in regulated environments everywhere, the structure and activities of organized criminal firms are significantly shaped by state-supplied institutions. Careful observation reveals that in Japan, the activities of organized criminal firms closely track inefficiencies in formal legal structures, including both inefficient substantive laws and a state-induced shortage of legal professionals and other rights-enforcement agents. Thus, organized crime in Japan--and, by extension, in other countries …

Framing Frivolous Litigation: A Psychological Theory, Chris Guthrie

University of Chicago Law Review

This Article uses an often-overlooked component of prospect theory to develop a positive theory of frivolous or low-probability litigation. The proposed Frivolous Framing Theory posits that the decision frame in frivolous litigation induces risk-seeking behavior in plaintiffs and risk-averse behavior in defendants. Because plaintiffs in frivolous litigation have a greater tolerance for risk than the defendants they have sued, plaintiffs in frivolous litigation have "psychological leverage" in settlement negotiations, which is likely to lead to plaintiff-friendly settlements or bargaining impasse. This, in turn, suggests that reformers concerned about frivolous litigation should target reform efforts at plaintiffs' decisionmaking in frivolous suits.

Law School Announcements 2000-2001, Law School Announcements Editors

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Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein

Articles

No abstract provided.

An Analysis Of Rule 11 Plea Bargain Options, Shayna M. Sigman

University of Chicago Law Review

No abstract provided.

Civil Settlement During Rape Prosecutions, William H. J. Hubbard

University of Chicago Law Review

No abstract provided.

The Scope Of Criminal Forfeiture Under Rico: The Appropriate Definition Of "Proceeds", Anup Malani

University of Chicago Law Review

No abstract provided.

The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook

Articles

No abstract provided.

Interpretation, Empiricism, And The Closure Problem, Adrian Vermeule

University of Chicago Law Review

No abstract provided.

Atticus Finch, In Context, Randolph N. Stone

Articles

No abstract provided.

Cloistered Cleric Of The Law (Reviewing Cardozo By Andrew L. Kaufman), Clyde Spillenger

University of Chicago Law Review

No abstract provided.

When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard

The University of Chicago Law School Roundtable

No abstract provided.

Civil Settlement During Rape Prosecutions, William Hubbard

Articles

No abstract provided.