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Articles 5341 - 5370 of 8252
Full-Text Articles in Entire DC Network
The Property Clause: As If Biodiversity Mattered, Dale Goble
The Property Clause: As If Biodiversity Mattered, Dale Goble
Articles
No abstract provided.
To Discountenance The Haughty And The Lawless: The Ethics Of Dealing With Bad Clients, Donald L. Burnett Jr.
To Discountenance The Haughty And The Lawless: The Ethics Of Dealing With Bad Clients, Donald L. Burnett Jr.
Articles
No abstract provided.
The Effect Of The University Of Michigan Cases On Affirmative Action In Employment: Proceedings Of The 2004 Annual Meeting, Association Of American Law Schools, Section On Employment Discrimination Law, Labor Relations And Employment Law, And Minority Groups, Monique C. Lillard
Articles
No abstract provided.
An Empirical Analysis Of The Patent Court, Richard A. Posner, William M. Landes
An Empirical Analysis Of The Patent Court, Richard A. Posner, William M. Landes
Articles
No abstract provided.
Administrative Law Goes To War, Cass R. Sunstein
Citizenship, Standing, And Immigration Law, Adam B. Cox
Citizenship, Standing, And Immigration Law, Adam B. Cox
Articles
Courts and commentators typically evaluate constitutional immigration law from the perspective of aliens. But that approach pays insufficient attention to the ways immigration law affects the interests and rights of citizens. In particular, an alien-centered approach fails to consider the central role immigration law plays in national self-definition and, consequently, ignores the possibility that immigration law may injure citizens by defining the national political community in constitutionally impermissible ways. Considering federal immigration law from the perspective of citizens, this Article demonstrates that immigration policy, which contemporary constitutional doctrine largely insulates from attack, should not be immune to challenges by citizens. …
Should The Rules Of Marital Property Be Normative?, Carolyn J. Frantz
Should The Rules Of Marital Property Be Normative?, Carolyn J. Frantz
Articles
No abstract provided.
Mutual Assent Versus Gradual Ascent: The Debate Over The Right To Retract, Omri Ben-Shahar
Mutual Assent Versus Gradual Ascent: The Debate Over The Right To Retract, Omri Ben-Shahar
Articles
No abstract provided.
War Fever, Geoffrey R. Stone
Deliberative Democracy: An Empirical Note, Richard A. Posner
Deliberative Democracy: An Empirical Note, Richard A. Posner
Articles
No abstract provided.
Black On Brown 50 Years Of Brown V. Board Of Education:, Cass R. Sunstein
Black On Brown 50 Years Of Brown V. Board Of Education:, Cass R. Sunstein
Articles
No abstract provided.
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
Articles
No abstract provided.
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Articles
This Essay explores an alternative to one of the pillars of contract law, that obligations arise only when there is "mutual assent "--when the parties reach consensus over the terms of the transaction. It explores a principle of "no-retraction," under which each party is obligated to terms it manifested and can retract only with some liability. In contrast to the all-or-nothing nature of the mutual assent regime, where preliminary forms of consent are either full-blown contracts or create no obligation, under the no-retraction regime, obligations emerge gradually, as the positions of the negotiating parties draw closer. Further, the no-retraction liability …
The Constitutional Protection Of Trade Secrets Under The Takings Clause, Richard A. Epstein
The Constitutional Protection Of Trade Secrets Under The Takings Clause, Richard A. Epstein
Articles
No abstract provided.
Note, Underenfranchisement: Black Voters And The Presidential Nomination Process, Justin Driver
Note, Underenfranchisement: Black Voters And The Presidential Nomination Process, Justin Driver
Articles
No abstract provided.
A Farewell To Pragmatism, Richard A. Epstein
A Hard Look Or A Blind Eye: Administrative Law And Military Deference, Jonathan Masur
A Hard Look Or A Blind Eye: Administrative Law And Military Deference, Jonathan Masur
Articles
No abstract provided.
Common Interest Tragedies, Lee Anne Fennell
Is Land Special?, Eduardo Peñalver
Is Land Special?, Eduardo Peñalver
Articles
This article critiques the Court's attempt to cabin the Lucas "per se" takings rule by limiting it to real property. It argues that the distinction between real and personal property cannot be justified by history or the differing expectations of property owners. It then applies five theoretical frameworks (libertarian, personhood, utilitarian, public choice, and Thomistic-Aristotelian natural law) and finds that none of them supports the jurisprudential distinction between real and personal property. As a result, the article argues that "because the distinction between personal and real property is an unprincipled one, it cannot save the Court from the unpalatable implications …
Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner
Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner
Articles
No abstract provided.
Citizen Warranties And Majorities, Saul Levmore
Transnational Legal Process And The Supreme Court's 2003-2004 Term: Some Skeptical Observations, Eric A. Posner
Transnational Legal Process And The Supreme Court's 2003-2004 Term: Some Skeptical Observations, Eric A. Posner
Articles
No abstract provided.
Emergencies And Political Change: A Reply To Tushnet, Eric A. Posner, Adrian Vermeule
Emergencies And Political Change: A Reply To Tushnet, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
An Empirical Analysis Of Intellectual Property Litigation: Some Preliminary Results, William M. Landes
An Empirical Analysis Of Intellectual Property Litigation: Some Preliminary Results, William M. Landes
Articles
No abstract provided.
Fair Use And Statutory Reform In The Wake Of Eldred, Richard A. Posner, William F. Patry
Fair Use And Statutory Reform In The Wake Of Eldred, Richard A. Posner, William F. Patry
Articles
No abstract provided.
The Law And Economics Of Contract Interpretation, Richard A. Posner
The Law And Economics Of Contract Interpretation, Richard A. Posner
Articles
Contract interpretation is an understudied topic in the economic analysis of contract law. This Article combines simple formal analysis of the tradeoffs involved in interpretation with applications to the principal doctrines of contract interpretation, including the 'four corners" rule, mutual mistake, contra proferentum, and what I call the (informal but very important) rule of "extrinsic nonevidence." Gap filling is distinguished, and the relativity of interpretive doctrines to the interpretive medium-jurors, arbitrators, and judges in different kinds of judicial systems-is emphasized.
The 1964 Civil Rights Act: The Crucial Role Of Social Movements In The Enactment And Implementation Of Anti-Discrimination Law, Gerald Rosenberg
The 1964 Civil Rights Act: The Crucial Role Of Social Movements In The Enactment And Implementation Of Anti-Discrimination Law, Gerald Rosenberg
Articles
No abstract provided.
Reply: Legitimacy And Obedience, David A. Strauss
Modernization And Representation Reinforcement: An Essay In Memory Of John Hart Ely, David A. Strauss
Modernization And Representation Reinforcement: An Essay In Memory Of John Hart Ely, David A. Strauss
Articles
No abstract provided.
The Integration Of Tax And Spending Programs, David A. Weisbach, Jacob Nussim
The Integration Of Tax And Spending Programs, David A. Weisbach, Jacob Nussim
Articles
No abstract provided.