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Articles 12391 - 12420 of 14069
Full-Text Articles in Entire DC Network
How To Argue About Health Care, Don Herzog
How To Argue About Health Care, Don Herzog
Articles
Despite the aggressive title of this article, my goals are modest. I begin by explaining briefly what should at any rate be obvious: that health care policies inescapably raise moral and political difficulties, difficulties that no technical fix could resolve. I move on to puzzle over the connections between some of the more abstract issues of moral and political theory and medical policy: here I urge that we develop a more sustained taste for exploring the moral conflicts embedded in our current practices. Finally, I suggest a strategy for making nitty-gritty facts-from the concrete world of third-party payment, expensive technology, …
The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross
The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross
Articles
In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …
Federalism And Conspiracy: Is Governmentally Compelled Conduct Per Se Lawful Under Section 1 Of The Sherman Act?, Mark Anderson
Federalism And Conspiracy: Is Governmentally Compelled Conduct Per Se Lawful Under Section 1 Of The Sherman Act?, Mark Anderson
Articles
No abstract provided.
The Burger Court And The Political Process: Whose First Amendment?, Geoffrey R. Stone
The Burger Court And The Political Process: Whose First Amendment?, Geoffrey R. Stone
Articles
No abstract provided.
Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein
Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein
Articles
No abstract provided.
Wilder V. Bernstein: Squeeze Play By Consent Decree, Richard A. Epstein
Wilder V. Bernstein: Squeeze Play By Consent Decree, Richard A. Epstein
Articles
No abstract provided.
The Proper Scope Of The Commerce Power, Richard A. Epstein
The Proper Scope Of The Commerce Power, Richard A. Epstein
Articles
No abstract provided.
Comment On 'After The Imperial Presidency', Philip B. Kurland
Comment On 'After The Imperial Presidency', Philip B. Kurland
Articles
No abstract provided.
Beyond Reliance: Promissory Estoppel, Contract Formalities, And Misrepresentations, Randy E. Barnett, Mary E. Becker
Beyond Reliance: Promissory Estoppel, Contract Formalities, And Misrepresentations, Randy E. Barnett, Mary E. Becker
Articles
No abstract provided.
Municipal Liability Under 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes
Municipal Liability Under 1983: A Legal And Economic Analysis, Larry B. Kramer, Alan O. Sykes
Articles
No abstract provided.
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Articles
This article discusses the history of the forced share, the justifications for it, and the uneven fit between the rule and the objectives, then proposes a new approach that would meet the objectives.
The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie
The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie
Articles
This is the latest in Professor Currie's continuing series on the historical development of constitutional doctrine. In this article Professor Currie surveys the major decisions of the Supreme Court between 1930 and 1941 in the area of criminal procedure, civil rights and civil liberties. In the area of criminal procedure, Professor Currie concludes that in deciding what procedures were required or forbidden by due process, historical inquiry was displaced by a fundamental-rights test. In the area of civil liberties, Professor Currie concludes that the Court made modest progress. Finally, Professor Currie concludes that the Court's most important civil liberties work …
The Positive Role Of Tax Law In Corporate And Capital Markets, Saul Levmore
The Positive Role Of Tax Law In Corporate And Capital Markets, Saul Levmore
Articles
No abstract provided.
The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner
The Decline Of Law As An Autonomous Discipline: 1962-1987, Richard A. Posner
Articles
No abstract provided.
Excusing Harmless Errors In The Execution Of Wills: A Report On Australia's Tranquil Revolution In Probate Law, John H. Langbein
Excusing Harmless Errors In The Execution Of Wills: A Report On Australia's Tranquil Revolution In Probate Law, John H. Langbein
Articles
No abstract provided.
Federalism: Evaluating The Founders' Design, Michael W. Mcconnell
Federalism: Evaluating The Founders' Design, Michael W. Mcconnell
Articles
No abstract provided.
The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell
The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell
Articles
No abstract provided.
You Can't Tell The Players In Church-State Disputes Without A Scorecard, Michael W. Mcconnell
You Can't Tell The Players In Church-State Disputes Without A Scorecard, Michael W. Mcconnell
Articles
No abstract provided.
Why Hold Elections? - Using Consent Decrees To Insulate Policies From Political Change, Michael W. Mcconnell
Why Hold Elections? - Using Consent Decrees To Insulate Policies From Political Change, Michael W. Mcconnell
Articles
No abstract provided.
Implicit And Explicit Rights Of Association, Frank H. Easterbrook
Implicit And Explicit Rights Of Association, Frank H. Easterbrook
Articles
No abstract provided.
Preventive Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler
Preventive Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler
Articles
No abstract provided.
Justice And Contract In Consent Judgments, Frank H. Easterbrook
Justice And Contract In Consent Judgments, Frank H. Easterbrook
Articles
No abstract provided.
Legal Liability For Medical Innovation, Richard A. Epstein
Legal Liability For Medical Innovation, Richard A. Epstein
Articles
No abstract provided.
The Fundamentals Of Freedom Of Speech, Richard A. Epstein
The Fundamentals Of Freedom Of Speech, Richard A. Epstein
Articles
No abstract provided.
The Efficiency And The Efficacy Of Title Vii, Richard A. Posner
The Efficiency And The Efficacy Of Title Vii, Richard A. Posner
Articles
No abstract provided.
The Constitution As An Economic Document, Richard A. Posner
The Constitution As An Economic Document, Richard A. Posner
Articles
No abstract provided.
The Regulation Of The Market In Adoptions, Richard A. Posner
The Regulation Of The Market In Adoptions, Richard A. Posner
Articles
No abstract provided.
Content-Neutral Restrictions, Geoffrey R. Stone
Adjudicatory Jurisdiction And Class Actions, Diane P. Wood
Adjudicatory Jurisdiction And Class Actions, Diane P. Wood
Articles
No abstract provided.
Self-Interest And The Constitution, Richard A. Epstein