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Articles 6751 - 6780 of 8385
Full-Text Articles in Entire DC Network
Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider
Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider
Articles
In this Essay, I want to reflect on no fault-divorce and the social attitudes that underlie it. In particular, I want to consider that reform in light of an article I wrote some years ago entitled Moral Discourse and the Transformation of American Family Law. There I argued that in recent years the language of American family law has changed notably: today family law issues are decreasingly discussed in the language of morality. In other words, legal institutions have decreasingly talked about those issues in moral terms. Rather, they have tended to avoid handling some moral issues altogether-often by …
The Legal Regulation Of Genetic Discrimination: Old Responses To New Technology, Richard A. Epstein
The Legal Regulation Of Genetic Discrimination: Old Responses To New Technology, Richard A. Epstein
Articles
No abstract provided.
Incompletely Theorized Agreements Commentary, Cass R. Sunstein
Incompletely Theorized Agreements Commentary, Cass R. Sunstein
Articles
No abstract provided.
Bad Faith Refusal To Settle By Liability Insurers: Some Implications Of The Judgment-Proof Problem, Alan O. Sykes
Bad Faith Refusal To Settle By Liability Insurers: Some Implications Of The Judgment-Proof Problem, Alan O. Sykes
Articles
No abstract provided.
Interdependence And Choice In Distributive Justice: The Welfare Conundrum, Lee Anne Fennell
Interdependence And Choice In Distributive Justice: The Welfare Conundrum, Lee Anne Fennell
Articles
This Article presents a theoretical model for analyzing welfare policy choices, a model that seeks both to explain the puzzling persistence of welfare in the face of widespread dissatisfaction with it, and to provide a reasoned basis for making more satisfactory policy choices. Drawing on game theory, the author postulates that the poor and the nonpoor are faced with a strategic dilemma as a result of their shared stake in the alleviation of poverty. The author's analysis of this dilemma suggests that the nonpoor react rationally by providing assistance to the poor, but that they are dissatisfied with this outcome …
Security Interests Reconsidered, Douglas G. Baird
The Hand Biography And The Question Of Judicial Greatness (Reviewing Gerald Gunther, Learned Hand: The Man And The Judge (1994)), Richard A. Posner
The Hand Biography And The Question Of Judicial Greatness (Reviewing Gerald Gunther, Learned Hand: The Man And The Judge (1994)), Richard A. Posner
Articles
No abstract provided.
Of Richard Epstein And Other Radical Feminists, Mary Anne Case
Of Richard Epstein And Other Radical Feminists, Mary Anne Case
Articles
My goal in this discussion is to persuade all members of the Federalist Society that they are or should be feminists. I shall pursue this goal in two ways: first by setting forth an expansive definition of feminist jurisprudence; secondly by showing that anyone who combines the two commitments Richard Epstein urges on feminists-commitments to the descriptive message of sociobiology and to the normative message of libertarianism-must inevitably be, not merely a feminist, but a very radical feminist indeed. In short, feminism is for everyone, especially for Richard Epstein.
The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein
The Moral And Practical Dilemmas Of An Underground Economy, Richard A. Epstein
Articles
No abstract provided.
Standing Firm, On Forbidden Grounds, Richard A. Epstein
Standing Firm, On Forbidden Grounds, Richard A. Epstein
Articles
No abstract provided.
Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein
Caste And The Civil Rights Laws: From Jim Crow To Same-Sex Marriages, Richard A. Epstein
Articles
No abstract provided.
Excommunication In Twelfth Century England, Richard H. Helmholz
Excommunication In Twelfth Century England, Richard H. Helmholz
Articles
No abstract provided.
Explaining Creditor Priorities, Saul Levmore, Hideki Kanda
Explaining Creditor Priorities, Saul Levmore, Hideki Kanda
Articles
No abstract provided.
Epstein On His Own Grounds, Richard H. Mcadams
Epstein On His Own Grounds, Richard H. Mcadams
Articles
Forbidden Grounds fails to follow through on its own terms. Epstein invokes Thomas Hobbes but never considers the Hobbesian argument for Title VII; employs economic analysis without disclosing its dependence on controversial empirical assumptions; and makes empirical claims, particularly about social norms, without applying the standards of criticism to supporting evidence that he applies to contrary evidence.
Brown Is Dead - Long Live Brown: The Endless Attempt To Canonize A Case Twentieth-Century Constitutional History, Gerald Rosenberg
Brown Is Dead - Long Live Brown: The Endless Attempt To Canonize A Case Twentieth-Century Constitutional History, Gerald Rosenberg
Articles
No abstract provided.
Corruption, Equality, And Campaign Finance Reform, David A. Strauss
Corruption, Equality, And Campaign Finance Reform, David A. Strauss
Articles
No abstract provided.
Tribute To Judge Irving L. Goldberg: The Consummate Humanist, Diane P. Wood
Tribute To Judge Irving L. Goldberg: The Consummate Humanist, Diane P. Wood
Articles
No abstract provided.
For A Bramwell Revival, Richard A. Epstein
Faculty-Edited Law Journals, Richard A. Epstein
The Bible In The Service Of The Canon Law, Richard H. Helmholz
The Bible In The Service Of The Canon Law, Richard H. Helmholz
Articles
No abstract provided.
Constitution In Congress: Substantive Issues In The First Congress, 1789-1791, David P. Currie
Constitution In Congress: Substantive Issues In The First Congress, 1789-1791, David P. Currie
Articles
No abstract provided.
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark Adams
Struggling Through The Thicket: Section 301 And The Washington Supreme Court, Mark Adams
Articles
No abstract provided.
With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer
With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer
Articles
No abstract provided.
Political Equality And Unintended Consequences, Cass R. Sunstein
Political Equality And Unintended Consequences, Cass R. Sunstein
Articles
No abstract provided.
A New Deal For Speech, Cass R. Sunstein
Strength In Diversity: Feminist Theoretical Approaches To Child Custody And Same-Sex Relationships, Mary E. Becker
Strength In Diversity: Feminist Theoretical Approaches To Child Custody And Same-Sex Relationships, Mary E. Becker
Articles
No abstract provided.
The President And The Administration, Cass R. Sunstein, Lawrence Lessig
The President And The Administration, Cass R. Sunstein, Lawrence Lessig
Articles
No abstract provided.
Race And The War On Drugs, Michael Tonry
The Damaging Impact Of The Eastman Kodak Precedent Upon Product Competition: Antitrust Law In Need Of Correction, Daniel J. Gifford
The Damaging Impact Of The Eastman Kodak Precedent Upon Product Competition: Antitrust Law In Need Of Correction, Daniel J. Gifford
Articles
In the dynamic markets of the present day, competition is the driving force behind the widespread and pervasive development of new products and new product capabilities. Innovative activity, which is especially manifest in the high-technology sectors, contributes significantly to national economic well-being. 1 Yet the courts, the bar, and most legal scholars have given inadequate attention to the critical role that antitrust rules can play in encouraging or stifling innovative activity. 2 Rather, a good deal of the traditional antitrust literature has focused narrowly upon price and output in relatively static market settings, and the newer strategic behavior branch of …
Interpersonal Distrust In The Modified Rawlsian Society, Daniel J. Gifford
Interpersonal Distrust In The Modified Rawlsian Society, Daniel J. Gifford
Articles
JOHN RAWLS, the author of the widely acclaimed A Theory of Justice, 1 has modified and supplemented his theory of the just society in his new book Political Liberalism. Rawls's theory of justice, which he calls "justice as fairness," continues to consist essentially of two principles: a liberty principle under which each person is entitled to the maximum possible liberty consistent with equal liberty for others, and a difference principle, under which social and economic inequalities are justified only to the extent that they contribute to raising the absolute level of well being of the least advantaged class over the …