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A Theory Of Contract Law Under Conditions Of Radical Judicial Error, Eric A. Posner Jan 2000

A Theory Of Contract Law Under Conditions Of Radical Judicial Error, Eric A. Posner

Articles

No abstract provided.


How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz Jan 2000

How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz

Articles

No abstract provided.


Tributes: Health, Heart And Mind: The Contributions Of Richard A. Posner To Health Law And Policy, Diane P. Wood Jan 2000

Tributes: Health, Heart And Mind: The Contributions Of Richard A. Posner To Health Law And Policy, Diane P. Wood

Articles

No abstract provided.


More Than Mere Majorities, Saul Levmore Jan 2000

More Than Mere Majorities, Saul Levmore

Articles

No abstract provided.


Voting With Intensity, Saul Levmore Jan 2000

Voting With Intensity, Saul Levmore

Articles

Can intense preferences be accommodated in voting schemes without shifting power to wealthier citizens and organized interests? This article first situates the question within the larger issue of the inalienability of some legal rights, and then focuses on collective action problems among voters. These problems offer a way to explain our present rules and intuitions regarding vote buying and related matters in areas ranging from corporate law to associations and to campaign finance reform. But in large-scale general elections, collective action problems are likely to doom strategies for extracting information about intense preferences, and they may even produce perverse results. …


Norms As Supplements, Saul Levmore Jan 2000

Norms As Supplements, Saul Levmore

Articles

No abstract provided.


An Attitudinal Theory Of Expressive Law, Richard H. Mcadams Jan 2000

An Attitudinal Theory Of Expressive Law, Richard H. Mcadams

Articles

No abstract provided.


The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser Jan 2000

The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser

Articles

No abstract provided.


Law And Social Norms: The Case Of Tax Compliance, Eric A. Posner Jan 2000

Law And Social Norms: The Case Of Tax Compliance, Eric A. Posner

Articles

No abstract provided.


Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner Jan 2000

Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner

Articles

Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.


The Public Choice Threat (Reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996)), Saul Levmore Jan 2000

The Public Choice Threat (Reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996)), Saul Levmore

Articles

No abstract provided.


Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner Jan 2000

Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner

Articles

No abstract provided.


Privacy, Publication, And The First Amendment: The Dangers Of First Amendment Exceptionalism, Richard A. Epstein Jan 2000

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 …


Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein Jan 2000

Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein

Articles

No abstract provided.


The Uneasy Marriage Of Utilitarian And Libertarian Thought, Richard A. Epstein Jan 2000

The Uneasy Marriage Of Utilitarian And Libertarian Thought, Richard A. Epstein

Articles

No abstract provided.


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

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

Articles

No abstract provided.


The Challenge To Rural States Of Procedural Reform In High Conflict Custody Cases, Elizabeth Brandt Jan 2000

The Challenge To Rural States Of Procedural Reform In High Conflict Custody Cases, Elizabeth Brandt

Articles

No abstract provided.


Protocol On Liability And Compensation For Damage Resulting From The Transboundary Movements Of Hazardous Wastes And Their Disposal, Jerrold A. Long Jan 2000

Protocol On Liability And Compensation For Damage Resulting From The Transboundary Movements Of Hazardous Wastes And Their Disposal, Jerrold A. Long

Articles

No abstract provided.


An Analysis Of Jurisdictional Issues Arising From Eastern Enterprises V. Apfel, Richard Henry Seamon Jan 2000

An Analysis Of Jurisdictional Issues Arising From Eastern Enterprises V. Apfel, Richard Henry Seamon

Articles

No abstract provided.


Catalytic Impact Of Information Technology On The New International Financial Architecture, Jane K. Winn Jan 2000

Catalytic Impact Of Information Technology On The New International Financial Architecture, Jane K. Winn

Articles

The sudden emergence of the Internet as a global network threatens to eclipse the importance of the global information infrastructure painstakingly built by financial institutions and their regulators over the past three decades. The open public nature of the Internet threatens the value of the closed proprietary networks developed by financial institutions that now face serious problems in integrating their legacy systems and new Internet systems.

Information system security, once a dreary back office matter, is now central to the success of e-commerce business plans. Before financial institutions can capitalize on their expertise in information system security, they will have …


Introduction Piercing Webs Of Power: Identity, Resistance, And Hope In Latcrit Theory And Praxis, Francisco Valdes Jan 2000

Introduction Piercing Webs Of Power: Identity, Resistance, And Hope In Latcrit Theory And Praxis, Francisco Valdes

Articles

No abstract provided.


Deliberating About Dollars: The Severity Shift Empirical Study, Cass R. Sunstein, Daniel Kahneman, David Schkade Jan 2000

Deliberating About Dollars: The Severity Shift Empirical Study, Cass R. Sunstein, Daniel Kahneman, David Schkade

Articles

How does jury deliberation affect the predeliberation judgments of individual jurors? In this paper we make progress on that question by reporting the results of a study of over 500 mock juries composed of over 3000 jury eligible citizens. Our principal finding is that with respect to dollars, deliberation produces a "severity shift," in which the jury's dollar verdict is systematically higher than that of the median of its jurors' predeliberation judgments. A "deliberation shift analysis" is introduced to measure the effect of deliberation. The severity shift is attributed to a "rhetorical asymmetry," in which arguments for higher awards are …


Group Dynamics, Cass R. Sunstein Jan 2000

Group Dynamics, Cass R. Sunstein

Articles

No abstract provided.


Television And The Public Interest, Cass R. Sunstein Jan 2000

Television And The Public Interest, Cass R. Sunstein

Articles

The communications revolution has thrown into question the value of imposing public interest obligations on television broadcasters. But the distinctive nature of this unusual market-with "winner-take-all"features, with viewers as a commodity, with pervasive externalities from private choices, and with market effects on preferences as well as the other way around-justifies a continuing role for government regulation in the public interest. At the same time, regulation best takes the form, not of anachronistic command-and-control regulation, but of (1) disclosure requirements, (2) economic incentives ("pay or play"), and (3) voluntary self-regulation through a privately administered code. Some discussion is devoted to free …


Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein Jan 2000

Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein

Articles

No abstract provided.


The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein Jan 2000

The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein

Articles

No abstract provided.


Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday Jan 2000

Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday

Articles

No abstract provided.


Internet And The Dormant Commerce Clause, The, Jack L. Goldsmith, Alan O. Sykes Jan 2000

Internet And The Dormant Commerce Clause, The, Jack L. Goldsmith, Alan O. Sykes

Articles

No abstract provided.


Esop's Failures: Fiduciary Duties When Managers Of Employee-Owned Companies Vote To Entrench Themselves, Brett Mcdonnell Jan 2000

Esop's Failures: Fiduciary Duties When Managers Of Employee-Owned Companies Vote To Entrench Themselves, Brett Mcdonnell

Articles

Managers, Inc.'s workers own the majority of the company's shares. They do not vote for the board of directors; instead, a trust votes the workers' shares. Managers, Inc.'s own directors appoint the committee that votes the trust's shares. Shockingly, those directors find themselves entrenched, winning repeated reelection under this system. The workers own the firm, but they have little or no say in the management of the firm.


Strategic Voting On Multimember Courts, Evan H. Caminker Jan 2000

Strategic Voting On Multimember Courts, Evan H. Caminker

Articles

In appellate adjudication, decisions are rendered by a multimember court as a collective entity, not by individual judges. Yet legal scholars have only just begun to explore the formal and informal processes by which individual votes are transformed into a collective judgment. In particular, they have paid insufficient attention to the ways in which the vote of each individual judge is influenced by the views of her colleagues on a multimember court.