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The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell

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Using Common Law Principles In Regulatory Schemes (With A Note On Victimology), Cass R. Sunstein

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Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein

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What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein

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In this David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Sunstein begins by noting that participants in the civil rights movement were often backward looking and even conservative, invoking commitments from the nation's past and arguing against reliance on the judiciary and the Supreme Court. They stressed above all two time-honored liberal principles: freedom from desperate conditions and opposition to caste. It is wrong to say (as many now do) that the movement was founded on a principle of race neutrality, and also wrong to say (as some now do) that the movement was opposed to …

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Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell

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Autonomy-based theories hold that enforceable contracts require the knowing and voluntary consent of the parties. In defining "knowing" and "voluntary," however, autonomy theorists have paid little attention to the remedy that will be granted if consent is round to be lacking, or to the question of what obligations (if any) will be enforced in place of the unconsented-to contract. In this paper, I expand on Michael Trebilcock's argument that considerations of institutional competence-specifically, the relative ability of courts and private actors to craft acceptable substitute obligations-should sometimes play a key role in defining what counts as "knowing" and "voluntary" consent.

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