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From Theory To Practice Order Of The Coif Lecture: Response, Cass R. Sunstein Jan 1997

From Theory To Practice Order Of The Coif Lecture: Response, Cass R. Sunstein

Articles

No abstract provided.


Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein Jan 1997

Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein

Articles

Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …


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 Jan 1997

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.


Two Guns, Four Guns, Six Guns, More Guns: Does Arming The Public Reduce Crime Juvenile Crime?, Albert Alschuler Jan 1997

Two Guns, Four Guns, Six Guns, More Guns: Does Arming The Public Reduce Crime Juvenile Crime?, Albert Alschuler

Articles

No abstract provided.


Choice-Of-Law Symposium, David P. Currie Jan 1997

Choice-Of-Law Symposium, David P. Currie

Articles

No abstract provided.


Foreword: Holmes, Richard A. Posner Jan 1997

Foreword: Holmes, Richard A. Posner

Articles

No abstract provided.


Why Quine Is Not A Postmodernist, Brian Leiter Jan 1997

Why Quine Is Not A Postmodernist, Brian Leiter

Articles

No abstract provided.


Assessing The Role Of Community Development Corporations In Inner City Economic Development, Michael H. Schill Jan 1997

Assessing The Role Of Community Development Corporations In Inner City Economic Development, Michael H. Schill

Articles

No abstract provided.


A Human Rights Perspective In The Broadcasting Bill Debate, Mark N. Templeton Jan 1997

A Human Rights Perspective In The Broadcasting Bill Debate, Mark N. Templeton

Articles

No abstract provided.


Institutions And Interpretation: A Critique Of City Of Boerne V. Flores, Michael W. Mcconnell Jan 1997

Institutions And Interpretation: A Critique Of City Of Boerne V. Flores, Michael W. Mcconnell

Articles

No abstract provided.


The Right To Die And The Jurisprudence Of Tradition, Michael W. Mcconnell Jan 1997

The Right To Die And The Jurisprudence Of Tradition, Michael W. Mcconnell

Articles

No abstract provided.


Comment: Accounting For Norms, Richard H. Mcadams Jan 1997

Comment: Accounting For Norms, Richard H. Mcadams

Articles

No abstract provided.


Externalities Everywhere? Morals And The Police Power, Richard A. Epstein Jan 1997

Externalities Everywhere? Morals And The Police Power, Richard A. Epstein

Articles

No abstract provided.


The Future Of Law And Economics: Looking Forward, Richard A. Posner Jan 1997

The Future Of Law And Economics: Looking Forward, Richard A. Posner

Articles

No abstract provided.


The Rise And Fall Of Administrative Law, Richard A. Posner Jan 1997

The Rise And Fall Of Administrative Law, Richard A. Posner

Articles

No abstract provided.


The Future Of Law And Economics: Looking Forward, Douglas G. Baird Jan 1997

The Future Of Law And Economics: Looking Forward, Douglas G. Baird

Articles

No abstract provided.


The Modern Uses Of Ancient Law, Richard A. Epstein Jan 1997

The Modern Uses Of Ancient Law, Richard A. Epstein

Articles

No abstract provided.


Takings, Exclusivity And Speech: The Legacy Of Pruneyard V. Robins Exchange, Richard A. Epstein Jan 1997

Takings, Exclusivity And Speech: The Legacy Of Pruneyard V. Robins Exchange, Richard A. Epstein

Articles

No abstract provided.


A Clear View Of The Cathedral: The Dominance Of Property Rules, Richard A. Epstein Jan 1997

A Clear View Of The Cathedral: The Dominance Of Property Rules, Richard A. Epstein

Articles

No abstract provided.


Modern Discovery Practice: Search For Truth Or Means Of Abuse?, Frank H. Easterbrook Jan 1997

Modern Discovery Practice: Search For Truth Or Means Of Abuse?, Frank H. Easterbrook

Articles

No abstract provided.


Abuse Excuse And Patriarchal Narratives, Mary E. Becker Jan 1997

Abuse Excuse And Patriarchal Narratives, Mary E. Becker

Articles

No abstract provided.


Unifying Remedies: Property Rules, Liability Rules, And Startling Rules, Saul Levmore Jan 1997

Unifying Remedies: Property Rules, Liability Rules, And Startling Rules, Saul Levmore

Articles

No abstract provided.


Judges And Economics: Normative, Positive, And Experimental Perspectives, Saul Levmore Jan 1997

Judges And Economics: Normative, Positive, And Experimental Perspectives, Saul Levmore

Articles

No abstract provided.


Fables, Sagas, And Laws, Saul Levmore Jan 1997

Fables, Sagas, And Laws, Saul Levmore

Articles

No abstract provided.


Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker Jan 1997

Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker

Articles

No abstract provided.


Parol Evidence Rule, The Plain Meaning Rule, And The Principles Of Contractual Interpretation, Eric A. Posner Jan 1997

Parol Evidence Rule, The Plain Meaning Rule, And The Principles Of Contractual Interpretation, Eric A. Posner

Articles

No abstract provided.


The Problematics Of Moral And Legal Theory, Richard A. Posner Jan 1997

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, …


Communication Among Competitors: Game Theory And Antitrust Application Of Game Theory To Antitrust, Andrew M. Rosenfield, Dennis W. Carlton, Robert H. Gertner Jan 1997

Communication Among Competitors: Game Theory And Antitrust Application Of Game Theory To Antitrust, Andrew M. Rosenfield, Dennis W. Carlton, Robert H. Gertner

Articles

No abstract provided.


Why Plain Meaning?, David A. Strauss Jan 1997

Why Plain Meaning?, David A. Strauss

Articles

No abstract provided.


Generalist Judges In A Specialized World, Diane P. Wood Jan 1997

Generalist Judges In A Specialized World, Diane P. Wood

Articles

No abstract provided.