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The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker Jan 1998

The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker

Articles

No abstract provided.


Antiquated Procedures Or Bedrock Rights: A Response To Professors Meares And Kahan The Right To A Fair Trial, Albert Alschuler, Stephen J. Schulhofer Jan 1998

Antiquated Procedures Or Bedrock Rights: A Response To Professors Meares And Kahan The Right To A Fair Trial, Albert Alschuler, Stephen J. Schulhofer

Articles

No abstract provided.


Formalism, Functionalism, Ignorance, Judges, Frank H. Easterbrook Jan 1998

Formalism, Functionalism, Ignorance, Judges, Frank H. Easterbrook

Articles

No abstract provided.


The Cartelization Of Commerce, Richard A. Epstein Jan 1998

The Cartelization Of Commerce, Richard A. Epstein

Articles

No abstract provided.


Competition And Cooperation, Saul Levmore Jan 1998

Competition And Cooperation, Saul Levmore

Articles

No abstract provided.


Judicial Review Of Discount Rates Used In Regulatory Cost-Benefit Analysis, Edward Morrison Jan 1998

Judicial Review Of Discount Rates Used In Regulatory Cost-Benefit Analysis, Edward Morrison

Articles

No abstract provided.


When The Taking Itself Is Just Compensation, Lior Strahilevitz Jan 1998

When The Taking Itself Is Just Compensation, Lior Strahilevitz

Articles

No abstract provided.


Living Dangerously: A Defense Of Mortal Peril, Richard A. Epstein Jan 1998

Living Dangerously: A Defense Of Mortal Peril, Richard A. Epstein

Articles

As one of the most controversial writers of our time, just the name Richard Epstein draws immediate attention from all sectors of academia. But if the hallmark of great ideas is the criticism they engender, Professor Epstein's words and thoughts are powerful indeed. In Mortal Peril, Professor Epstein outlined a fundamental shift in thinking that he claimed needed to occur before any discussion of health care could take place. The final consensus of the validity of Professor Epstein's views may still be a matter for history to judge, but in many ways, he has already won; with the strength of …


Placing Shame In Context: A Response To Thomas Scheff On Community Conferences And Therapeutic Jurisprudence, Bernard E. Harcourt Jan 1998

Placing Shame In Context: A Response To Thomas Scheff On Community Conferences And Therapeutic Jurisprudence, Bernard E. Harcourt

Articles

No abstract provided.


Incommensurability: Truth Or Consequences?, Brian Leiter Jan 1998

Incommensurability: Truth Or Consequences?, Brian Leiter

Articles

No abstract provided.


Us Supreme Court Confronts 'Right To Die', Bruce Carolan Jan 1998

Us Supreme Court Confronts 'Right To Die', Bruce Carolan

Articles

This article covers the US Supreme Court's decisions regarding physician-assisted suicide for a UK audience.


The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack Jan 1998

The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack

Articles

No abstract provided.


Damages For Unconstitutional Affirmative Action: An Analysis Of The Monetary Claims In Hopwood V. Texas, Richard Henry Seamon Jan 1998

Damages For Unconstitutional Affirmative Action: An Analysis Of The Monetary Claims In Hopwood V. Texas, Richard Henry Seamon

Articles

No abstract provided.


The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon Jan 1998

The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon

Articles

No abstract provided.


United States V. O'Hagan: Agency Law And Justice Powell's Legacy For The Law Of Insider Trading, Adam C. Pritchard Jan 1998

United States V. O'Hagan: Agency Law And Justice Powell's Legacy For The Law Of Insider Trading, Adam C. Pritchard

Articles

The law of insider trading is judicially created; no statutory provision explicitly prohibits trading on the basis of material, non-public information. The Supreme Court's insider trading jurisprudence was forged, in large part, by Justice Lewis F. Powell, Jr. His opinions for the Court in United States v. Chiarella and SEC v. Dirks were, until recently, the Supreme Court's only pronouncements on the law of insider trading. Those decisions established the elements of the classical theory of insider trading under § 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"). Under this theory, corporate insiders and their tippees who …


Impeaching The President Essay, Cass R. Sunstein Jan 1998

Impeaching The President Essay, Cass R. Sunstein

Articles

No abstract provided.


Risk Assessment, Resource Allocation, And Fairness: Evidence From Law Students, Cass R. Sunstein, Christopher E. Houston Jan 1998

Risk Assessment, Resource Allocation, And Fairness: Evidence From Law Students, Cass R. Sunstein, Christopher E. Houston

Articles

No abstract provided.


Bad Incentives And Bad Institutions, Cass R. Sunstein Jan 1998

Bad Incentives And Bad Institutions, Cass R. Sunstein

Articles

No abstract provided.


The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith Jan 1998

The Internet And The Abiding Significance Of Territorial Sovereignty, Jack L. Goldsmith

Articles

No abstract provided.


Book Review (Reviewing Ronald Dworkin, Freedom's Law: The Moral Reading Of The American Constitution (1996)), David A. Strauss Jan 1998

Book Review (Reviewing Ronald Dworkin, Freedom's Law: The Moral Reading Of The American Constitution (1996)), David A. Strauss

Articles

No abstract provided.


Women, Morality, And Sexual Orientation, Mary E. Becker Jan 1998

Women, Morality, And Sexual Orientation, Mary E. Becker

Articles

In this Article, Professor Becker argues that heterosexual relationships are more problematic for women than lesbian relationships, particularly when such relationships are viewed in terms of their tendency to objectify the "other." She discusses how current "moral" norms concerning the inferiority of homosexuality to heterosexuality enable men to use women in immoral and subordinating ways. She explores moral taboos against lesbian relationships and asserts that these taboos facilitate heterosexual male exploitation of women's sexuality by obscuring from some women the possibility that they might prefer more equitable relationships with women rather than with men. She argues for greater acceptance of …


The Status Of Customary International Law, Curtis A. Bradley Jan 1998

The Status Of Customary International Law, Curtis A. Bradley

Articles

No abstract provided.


Comparative Advantage And The Normative Economics Of International Trade Policy, Alan O. Sykes Jan 1998

Comparative Advantage And The Normative Economics Of International Trade Policy, Alan O. Sykes

Articles

No abstract provided.


Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran Jan 1998

Committed Partners And Inheritance: An Empirical Study, Mary Louise Fellows, Monica Kirkpatrick Johnson, Amy Chiericozzi, Ann Hale, Christopher Lee, Robin Preble, Michael Voran

Articles

There is widespread recognition that U.S. households have changed dramatically in the latter half of the twentieth century. 1 The changes include an increased number of blended families, 2 single-parent households, 3 and unmarried same-sex and opposite-sex committed couples, including some with children. 4 The transformation taking place in U.S. households implicates property law and vice versa. In recognition of the changing U.S. household and the symbiotic relationship between wealth transmission and family, we undertook an empirical study designed to assess public attitudes about the inclusion of surviving committed partners as heirs. This Article reports our findings.


Diversity Deferred, Joan Howland Jan 1998

Diversity Deferred, Joan Howland

Articles

"Serendipity" is the first five-syllable word I could either pronounce or comprehend. The addition of this word to my vocabulary at the age of ten was not the result of any intellectual prowess on my part, but rather the fortuitous consequence of having two bright, multitalented, highly competitive, older siblings. Since preschool age, as is often the torturous plight of the youngest child in a family, I was forever being cast in the role of a practice audience for speeches, debate competitions, poetry recitations, talent contests, mock interviews, and cheerleader tryouts. Although I complained bitterly, this was actually relatively light …


Youth Violence In America, Mark H. Moore, Michael Tonry Jan 1998

Youth Violence In America, Mark H. Moore, Michael Tonry

Articles

No abstract provided.


Law Firms On The Big Board?: A Proposal For Nonlawyer Investment In Law Firms, Edward S. Adams, John H. Matheson Jan 1998

Law Firms On The Big Board?: A Proposal For Nonlawyer Investment In Law Firms, Edward S. Adams, John H. Matheson

Articles

Every state has a rule proscribing nonlawyer investment in law firms. This sixty-plus-year-old prohibition has created an inefficient legal services market. Firms cannot access capital markets, limiting their opportunities for expansion, curtailing investments in technology and training, and hindering competition. Furthermore, every jurisdiction except the District of Columbia prohibits lawyers from entering into a business association with nonlawyers as partners or directors if the business provides legal services. These prohibitions against nonlawyer investment and participation in law firms have long hindered the legal profession with no signs of change. This Article advocates that these prohibitions be lifted. It discusses the …


Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows Jan 1998

Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows

Articles

No abstract provided.


The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller Jan 1998

The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller

Articles

Why are many storefronts in Moscow empty, while street kiosks in front are full of goods? In this Article, Professor Heller develops a theory of anticommons property to help explain the puzzle of empty storefronts and full kiosks. Anticommons property can be understood as the mirror image of commons property. By definition, in a commons, multiple owners are each endowed with the privilege to use a given resource, and no one has the right to exclude another When too many owners hold such privileges of use, the resource is prone to overuse - a tragedy of the commons. Depleted fisheries …


Islamic Law As A Source Of Constitutional Law In Egypt: The Constitutionalization Of The Sharia In A Modern Arab State, Clark B. Lombardi Jan 1998

Islamic Law As A Source Of Constitutional Law In Egypt: The Constitutionalization Of The Sharia In A Modern Arab State, Clark B. Lombardi

Articles

No abstract provided.