Digital Commons Network^™

The Cash Balance Controversy, Edward A. Zelinsky

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No abstract provided.

Criminal Prosecution And Section 1983, Barry Scheck

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The article explores the intricate relationship between criminal prosecutions of police officers and subsequent Section 1983 civil rights claims. Professor Barry C. Scheck examines how the outcomes of criminal cases significantly influence civil litigation, highlighting challenges such as the "blue wall of silence," racial profiling, and legal strategies like Monell claims. The thesis underscores the strategic importance of federal intervention and the use of pattern and practice actions to address systemic issues in law enforcement.

Rationality In Law And Economics Scholarship, Jeanne L. Schroeder

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Jeanne L. Schroeder critiques Richard Posner's conception of rationality in law and economics, arguing that his broad and evolving definition dilutes the concept, rendering it too vague and analytically weak. She advocates for a more nuanced approach that integrates psychological insights and acknowledges the limitations of traditional economic models. Schroeder emphasizes the need for empirical accuracy and theoretical rigor, challenging Posner's dismissal of behavioral economics and his reliance on evolutionary biology for explanations of irrational behavior.

Passing Money On: Equity Theory And Distribution Of Money In A Will, Morton Isaacs

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127 respondents were asked to distribute $100,000 in a will among their four children shown as differing in helpfulness to the respondent and need for the money. The majority of respondents divided the money unequally, with more than 2/3 rejecting a norm of equality in favor of rewarding helpfulness (equity) and relative need. Last year's research produced results favoring equality. Possible reasons for this disparity and implications for further research on Equity theory are presented.

Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner

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In Law and Disagreement, Jeremy Waldron, born and educated in New Zealand and trained in England, mounts a powerful argument in favor of legislation as a legitimate source of authority and correspondingly denigrates the American faith in judicial review. Waldron claims among other things that a legislature's inability to achieve consensus enables legislation to resolve disputes in a way that preserves the dignity and self-respect of losers in the policy struggle. In this Book Review Essay, Judge Posner commends Waldron for his impressive criticisms of the theoretical basis for the American faith in judicial review. At the same time, he …

Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner

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No abstract provided.

Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson

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The article explores the intersection of law, morality, and subjectivity through the lens of Slavoj Žižek's philosophical works, particularly in the context of the impeachment of President Clinton. It argues that the public's negative reaction to the impeachment was rooted in a fear of encountering "diabolical evil," a concept drawn from Kantian philosophy, where law and morality coincide perfectly. This form of evil is more terrifying than ordinary evil because it is committed without pathological motives, purely for the sake of duty.

The Dead End Of Deterrence, And Beyond, Kyron J. Huigens

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No abstract provided.

Equal Taxation: A Commentary, John A. Miller

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Prosecuting Violence/Reconstructing Community, Anthony V. Alfieri

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For two centuries, the private violence of American history has paraded into courts for public trial. Often dramatized by the spectacle of rape and murder, the public trials of private violence increasingly are seen to decide the fates of both the accused and the victim of crime. The fate of community, whether the community of the victim, the accused, or the public, seems at first blush untouched by such trials. Like victims and their families, however, communities struck by violence suffer profound loss. That loss is expressed in the destruction of public discourse, reason, and citizenship. This public ruin is …

The Death Of Privacy?, A. Michael Froomkin

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The rapid deployment of privacy-destroying technologies by governments and businesses threatens to make informational privacy obsolete. The first part of this article describes a range of current technologies to which the law has yet to respond effectively. These include: routine collection of transactional data, growing automated surveillance in public places, deployment of facial recognition technology and other biometrics, cell-phone tracking, vehicle tracking, satellite monitoring, workplace surveillance, Internet tracking from cookies to "clicktrails", hardware-based identifiers, intellectual property-protecting "snitchware," and sense-enhanced searches that allow observers to see through everything from walls to clothes. The cumulative and reinforcing effect of these technologies may …

Internet Sexual Predators: Protecting Children In The Global Community, Madeleine M. Plasencia

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The Internet, serving as the largest network of computers in the world, has provided the horizontal parallax over which all can participate in communication and transaction, education and entertainment4 It also serves a community of participants and beneficiaries whose goals are not always shared or legal. The rise of this advanced technology has led to a new "red light district."

Unlike the physical spaces available for the distribution of pornography and sexual favors for money, the Internet, with its lack of structure, has led to an unimaginable amount of pornography available for any on-line spectator.' Information necessary for consummation of …

Deliberative Trouble - Why Groups Go To Extremes, Cass R. Sunstein

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No abstract provided.

On Philosophy And Economics, Cass R. Sunstein

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No abstract provided.

Standing For Animals (With Notes On Animal Rights) A Tribute To Kenneth L. Karst, Cass R. Sunstein

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No abstract provided.

Focal Point Theory Of Expressive Law, Richard H. Mcadams

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No abstract provided.

Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith

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No abstract provided.

The Parental Rights Of Minors, Emily Buss

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The Adolescent's Stake In The Allocation Of Educational Control Between Parent And State, Emily Buss

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Courts policymakers; and scholars have long struggled with the question of how to allocate educational control between parents and the state, particularly where parents' preferences are religiously motivated. While the debate reflects a broad range of viewpoints, these viewpoints share a common blind spot: They focus on the state's interest in imparting certain knowledge and skills; and ignore the state's interest in facilitating interactions among ideologically diverse peers. This Article argues that, particularly for older adolescents, the nature of their peer interactions has a far bigger impact on their development than does the content of their curriculum. Drawing on the …

The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein

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No abstract provided.

An Attitudinal Theory Of Expressive Law, Richard H. Mcadams

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No abstract provided.

Law And Social Norms: The Case Of Tax Compliance, Eric A. Posner

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No abstract provided.

Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner

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Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.

The Public Choice Threat (Reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996)), Saul Levmore

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No abstract provided.

Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell

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No abstract provided.

The Uneasy Marriage Of Utilitarian And Libertarian Thought, Richard A. Epstein

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No abstract provided.

Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg

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The Challenge To Rural States Of Procedural Reform In High Conflict Custody Cases, Elizabeth Brandt

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Deliberating About Dollars: The Severity Shift Empirical Study, Cass R. Sunstein, Daniel Kahneman, David Schkade

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How does jury deliberation affect the predeliberation judgments of individual jurors? In this paper we make progress on that question by reporting the results of a study of over 500 mock juries composed of over 3000 jury eligible citizens. Our principal finding is that with respect to dollars, deliberation produces a "severity shift," in which the jury's dollar verdict is systematically higher than that of the median of its jurors' predeliberation judgments. A "deliberation shift analysis" is introduced to measure the effect of deliberation. The severity shift is attributed to a "rhetorical asymmetry," in which arguments for higher awards are …

Group Dynamics, Cass R. Sunstein

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No abstract provided.