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Articles 1741 - 1770 of 2753
Full-Text Articles in Entire DC Network
The At&(And)T Consent Decree: In Praise Of Interconnection Only, Richard A. Epstein
The At&(And)T Consent Decree: In Praise Of Interconnection Only, Richard A. Epstein
Articles
No abstract provided.
Competition And Privacy In Web 2.0 And The Cloud, Randal C. Picker
Competition And Privacy In Web 2.0 And The Cloud, Randal C. Picker
Articles
No abstract provided.
The Decline Of Literary Criticism, Richard A. Posner
The New Legal Realism, Thomas J. Miles, Cass R. Sunstein
The New Legal Realism, Thomas J. Miles, Cass R. Sunstein
Articles
No abstract provided.
The Holmesian Bad Man's First Critic, Douglas G. Baird
Federal Preemption, And Federal Common Law, In Nuisance Cases, Richard A. Epstein
Federal Preemption, And Federal Common Law, In Nuisance Cases, Richard A. Epstein
Articles
No abstract provided.
Snapshots From The Seventh Circuit: Continuity And Change, 1966-2007, Diane P. Wood
Snapshots From The Seventh Circuit: Continuity And Change, 1966-2007, Diane P. Wood
Articles
No abstract provided.
Climate Change Justice, Eric A. Posner, Cass R. Sunstein
Climate Change Justice, Eric A. Posner, Cass R. Sunstein
Articles
Reductions in greenhouse gas emissions would cost some nations much more than others and benefit some nations far less than others. Significant reductions would likely impose especially large costs on the United States, and recent projections suggest that the United States is not among the nations most at risk from climate change. In these circumstances, what does justice require the United States to do? Many people believe that the United States is required to reduce its greenhouse gas emissions beyond the point that is justified by its own self-interest, simply because the United States is wealthy, and because the nations …
Privacy, Surveillance, And Law, Richard A. Posner
Constitutional Courts In East Asia: Understanding Variation, Tom Ginsburg
Constitutional Courts In East Asia: Understanding Variation, Tom Ginsburg
Articles
No abstract provided.
Prosecuting The Jena Six, Anthony V. Alfieri
Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack
Proving Causation: The Holism Of Warrant And The Atomism Of Daubert, Susan Haack
Articles
No abstract provided.
"Latinas/Os" And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes
"Latinas/Os" And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes
Articles
No abstract provided.
Does Red Lion Still Roar?, Cass R. Sunstein
Dead Hand Arguments And Constitutional Interpretation, Adam M. Samaha
Dead Hand Arguments And Constitutional Interpretation, Adam M. Samaha
Articles
This Article attempts to reset the relationship between theories of constitutional authority and methods of constitutional interpretation. Several scholars assert that our reasons for respecting the United States Constitution as law-despite its imperfection and dead authors-strongly influence the proper method of interpretation for that text. The "why" of authority supposedly drives the "how" of interpretation. But this relationship can be better understood. To the extent an authority theory is distinguishable from interpretive method, it is true that the former will identify what counts as law to be interpreted. Beyond that, the asserted relationship fades. First, some authority theories actually depend …
The Many Faces Of Fault In Contract Law: Or How To Do Economics Right, Without Really Trying, Richard A. Epstein
The Many Faces Of Fault In Contract Law: Or How To Do Economics Right, Without Really Trying, Richard A. Epstein
Articles
Modern law often rests on the assumption that a uniform cost-benefit formula is the proper way to determine fault in ordinary contract disputes. This Article disputes that vision by defending the view that different standards of fault are appropriate in different contexts. The central distinction is one that holds parties in gratuitous transactions only to the standard of care that they bring to their own affairs, while insisting on the higher objective standard of ordinary care in commercial transactions. That bifurcation leads to efficient searches. Persons who hold themselves out in particular lines of business in effect warrant their ability …
Soft Law: Lessons From Congressional Practice, Jacob Gersen, Eric A. Posner
Soft Law: Lessons From Congressional Practice, Jacob Gersen, Eric A. Posner
Articles
Soft law consists of rules issued by lawmaking bodies that do not comply with procedural formalities necessary to give the rules legal status yet nonetheless influence the behavior of other lawmaking bodies and of the public. Soft law has been much discussed in the literatures on international law, constitutional law, and administrative law, yet congressional soft-lawmaking, such as the congressional resolution, has received little attention. Congressional soft law affects behavior by informing the public and political institutions about the intentions and policy preferences of Congress, which are informative about future hard law as well as of Congress's view of the …
Learning From The Limitations Of Deterrence Research, Michael Tonry
Learning From The Limitations Of Deterrence Research, Michael Tonry
Articles
No abstract provided.
Lawmakers As Norms Entrepreneurs, Emanuela Carbonara, Francesco Parisi, Georg Von Wangenheim
Lawmakers As Norms Entrepreneurs, Emanuela Carbonara, Francesco Parisi, Georg Von Wangenheim
Articles
In this paper we consider the role of lawmakers as norm entrepreneurs. Drawing from expressive law theories and social response theories, we shed light on the role of law in shaping social values and norms, and on the ability of the law to produce social norms where they did not exist before. Furthermore, we unveil a possible undesirable effect of legal intervention, where a legal innovation can cause social divide and possible conflicts.
Negative Dimensions Of Identity: A Research Agenda For Law And Public Policy, Avner Ben-Ner, Claire Hill
Negative Dimensions Of Identity: A Research Agenda For Law And Public Policy, Avner Ben-Ner, Claire Hill
Articles
Legal scholarship has long concerned itself with race, gender, and other core identities. Economics, and law and economics, is now turning its attention to other dimensions of identity. What is identity? Identity is "a person's sense of self."' Identity has genetic, cultural and neural bases grounded in an evolutionary process.' Identity helps individuals make sense of themselves and provides a feeling of grounding or belonging. There are many potential identity dimensions, including gender, facial features, and height, as well as religion, ethnicity, social-group affiliation, sports-team loyalty, family, profession, artistic preferences, culinary preferences, and place of origin. The significance of different …
Carbon Sequestration And Sustainability, Alexandra B. Klass, Sara E. Bergan
Carbon Sequestration And Sustainability, Alexandra B. Klass, Sara E. Bergan
Articles
This Symposium Essay explores the question of whether the developing technology of geologic carbon capture and sequestration (CCS), which involves capturing CO2 emissions from industrial sources and power plants and sequestering them underground, is consisting with principles of sustainable development. This Essay concludes that while CCS on its own may not be consistent with basic principles of sustainability, it presents a potential opportunity to create sufficiently deep cuts in greenhouse gas (GHG) emissions to allow the transition to a more sustainable future.
Horizontal Federalism, Allan Erbsen
Horizontal Federalism, Allan Erbsen
Articles
This Article constructs frameworks for analyzing federalism's undertheorized horizontal dimension. Discussions of federalism generally focus on the hierarchical (or vertical) allocation of power between the national and state governments while overlooking the horizontal allocation of power among coequal states. Models of federal-state relations tend to treat the fifty states as a single aggregate unit, obscuring the fact that individual states often cannot concurrently exercise their powers without infringing the other states' autonomy, frustrating the others' legitimate interests, or burdening the others' citizens. Preserving interstate harmony and protecting citizens from excessive burdens therefore requires limits on how states may wield their …
Wipo-Wto Relations And The Future Of Global Intellectual Property Norms, Ruth Okediji
Wipo-Wto Relations And The Future Of Global Intellectual Property Norms, Ruth Okediji
Articles
The intense scholarly debate about the effects of harmonized global intellectual property (IP) rules under the TRIPS Agreement has yet to consider what role an appropriate organizational framework should play in facilitating development of IP norms to address new global challenges. The prevailing assumption has been that the norm-setting role of the World Intellectual Property Organization (WIPO) will remain unchanged despite the primacy of the TRIPS Agreement and the explicit mandate of the WTO for global IP regulation. Indeed, with respect to the supply of public goods, only the WTO - not WIPO - has the formal legal mandate to …
Responsible Debt Relief: An Algorithmic Assessment Of Household Debt Capacity And Repayment Capacity, Robert Manning
Responsible Debt Relief: An Algorithmic Assessment Of Household Debt Capacity And Repayment Capacity, Robert Manning
Articles
Since the early 1990s, the growth of U.S. household debt in general consumer credit card debt in particular has soared to unprecedented levels-from an aggregate total of less than $4.0 trillion in 1990 to over $13 trillion in 2008. During this period, the average American household dramatically increased its home mortgage debt, from almost $2.5 trillion in 1990 to nearly $10.5 trillion today. Similarly, consumer "revolving" or credit card debt quadrupled from $239 billion to about $950 billion today. Moreover the growth of U.S. credit card debt was paid of through mortgage refinancing, home equity loans, and cash proceeds from …
Rethinking Trademark Fair Use, William Mcgeveran
Rethinking Trademark Fair Use, William Mcgeveran
Articles
The ever-expanding scope and strength of trademark rights has caused justifiable fears of a threat to free expression. Until now, however, concerned scholars generally focused on perfecting the substance of legal rules that balance free speech against other goals. This effort is misplaced because most cases raising these issues in recent years ended in judicial decisions that favored speech. The real danger arises from the procedural structure of trademark law's various fair use doctrines, which generate excessive ambiguity and prolong litigation before ever reaching such positive outcomes. Resulting administrative costs discourage speakers from using trademarks expressively in the first place, …
A Problem Of Remedy: Responding To Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin Hickman
A Problem Of Remedy: Responding To Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin Hickman
Articles
In earlier work, I found that more than 40% of Treasury regulations studied are susceptible to legal challenge for their failure to satisfy Administrative Procedure Act rulemaking requirements. Given this finding, why is it that taxpayers rarely raise such claims? The article explores this question and focuses particularly on statutory and doctrinal limitations on pre-enforcement judicial review in the tax context and their role in further limiting post-enforcement challenges. Although the article proposes ways in which the courts could relax the limitations on pre-enforcement judicial review in tax cases, the article also acknowledges that the courts are unlikely to change …
What's Wrong With Litigation-Driven Science? An Essay In Legal Epistemology, Susan Haack
What's Wrong With Litigation-Driven Science? An Essay In Legal Epistemology, Susan Haack
Articles
No abstract provided.
Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin
Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin
Articles
Speech is generally considered to be either private or governmental, and this dichotomy is embedded in First Amendment jurisprudence. However, speech is often neither purely private nor purely governmental but rather a combination of the two. Nonetheless, the Supreme Court has not yet recognized mixed speech as a distinct category of speech. This Article suggests considerations for identifying mixed speech and exposes the shortcomings of the current approach of classifying all speech as either private or governmental when determining whether viewpoint restrictions pass First Amendment muster. Treating mixed speech as government speech gives short shrift to the free speech interests …
Foreword Interruptions And Intersections: Journeys To The Center Of The Americas, Francisco Valdes
Foreword Interruptions And Intersections: Journeys To The Center Of The Americas, Francisco Valdes
Articles
No abstract provided.
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones
Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones
Articles
No abstract provided.