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Articles 10291 - 10320 of 19936
Full-Text Articles in Entire DC Network
Pregnant Man: Amazon Or Etana?, Mary Anne Case, Noa Ben-Asher, Elizabeth Emens, Darren Rosenblum
Pregnant Man: Amazon Or Etana?, Mary Anne Case, Noa Ben-Asher, Elizabeth Emens, Darren Rosenblum
Articles
No abstract provided.
Why We Need Term Limits For Congress: Four In The Senate, Ten In The House, Richard A. Epstein
Why We Need Term Limits For Congress: Four In The Senate, Ten In The House, Richard A. Epstein
Articles
No abstract provided.
Pseudonymous Litigation, Lior Strahilevitz
Bill Clinton's Parting Pardon Party, Albert W. Alschuler
Bill Clinton's Parting Pardon Party, Albert W. Alschuler
Articles
No abstract provided.
Bankruptcy From Olympus, Douglas G. Baird
Pre-Closing Liability, Omri Ben-Shahar
Credit Bidding And The Design Of Bankruptcy Auctions, Vincent Buccola, Ashley C. Keller
Credit Bidding And The Design Of Bankruptcy Auctions, Vincent Buccola, Ashley C. Keller
Articles
No abstract provided.
What Feminists Have To Lose In Same-Sex Marriage Litigation, Mary Anne Case
What Feminists Have To Lose In Same-Sex Marriage Litigation, Mary Anne Case
Articles
This Article highlights both the rewards in accepting and the risks in rejecting a claim of sex discrimination as one constitutional basis for invalidating restrictions on marriage for same-sex couples. It argues that recognition of same-sex marriage and elimination of enforced sex roles are as inextricably intertwined as the duck is with the rabbit in the famous optical illusion. As the Article demonstrates, this has long been clear to opponents, from the pope to David Blankenhorn, but needs to become as clear to proponents and to judges deciding same-sex marriage cases if we are to preserve and extend the liberty …
The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner
The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner
Articles
Why do migrants enjoy some of the rights associated with citizenship? Existing accounts typically answer this question in terms of obligation-of a duty on the part of states to confer citizenship. Moreover, scholars tend to lump together the rights conventionally associated with citizenship when they answer this question. In contrast, this Article disaggregates the rights associated with citizenship, asks what both states and migrants want, and inquires into how the suite of rights associated with citizenship might advance those interests. States want to encourage migrants to enter their territory and to make country-specific investments, but states also have an interest …
Judges As Honest Agents, Frank H. Easterbrook
How To Undermine Tax Increment Financing: The Lessons Of City Of Chicago V. Prologis, Richard A. Epstein
How To Undermine Tax Increment Financing: The Lessons Of City Of Chicago V. Prologis, Richard A. Epstein
Articles
This Article examines the appropriate level of constitutional protection against outside governments that condemn property located within a given local municipality that uses tax increment financing (TIF) to fund local improvements The standard TIF arrangement does not provide the TIF lenders with liens against any particular asset, because to do so would be to abandon the tax-exempt status of the municipal bonds that are issued. Yet these agreements guarantee that the local government that issued the bonds will take no steps to compromise their repayment from (incremental) tax dollars. These protections allow TIF bonds to trade in ordinary financial markets. …
Takings Law Made Hard: A Novel Property Rights Challenge Is A Constitutional Morass, Richard A. Epstein
Takings Law Made Hard: A Novel Property Rights Challenge Is A Constitutional Morass, Richard A. Epstein
Articles
No abstract provided.
Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing, Dhammika Dharmapala, Nuno Garoupa, Joanna M. Shepherd
Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing, Dhammika Dharmapala, Nuno Garoupa, Joanna M. Shepherd
Articles
No abstract provided.
Academic Fraud Today: Its Social Causes And Institutional Responses, Richard A. Epstein
Academic Fraud Today: Its Social Causes And Institutional Responses, Richard A. Epstein
Articles
No abstract provided.
Antibankruptcy, Douglas G. Baird, Robert K. Rasmussen
Antibankruptcy, Douglas G. Baird, Robert K. Rasmussen
Articles
In large Chapter 11 cases, the prototypical creditor is no longer a small player holding a claim much like everyone else's, but rather a distressed debt professional advancing her own agenda. Secured creditors are more pervasive and enjoy much more control than they had even a decade ago. Moreover, financial innovation has dramatically increased the complexity of each investor's position. As a result of these and other changes, the legal system now faces a challenge that is much like assembling a city block that has been broken up into many parcels. There exists an anticommons problem, a world in which …
Honoring The Legacies Of Justices William J. Brennan, Jr., And Justice Thurgood Marshall, Geoffrey R. Stone
Honoring The Legacies Of Justices William J. Brennan, Jr., And Justice Thurgood Marshall, Geoffrey R. Stone
Articles
No abstract provided.
International Agreements, Internal Heterogeneity, And Climate Change: The Two Chinas Problem, Daniel Abebe, Jonathan Masur
International Agreements, Internal Heterogeneity, And Climate Change: The Two Chinas Problem, Daniel Abebe, Jonathan Masur
Articles
No abstract provided.
Reunifying Privacy Law, Lior Strahilevitz
Reunifying Privacy Law, Lior Strahilevitz
Articles
In the years since Samuel Warren and Louis Brandeis proposed a unified theory of invasion of privacy tort liability, American information privacy law became increasingly fragmented and decreasingly coherent. William Prosser's 1960 article, Privacy, which heavily influenced the Restatement of Torts, endorsed and hastened this trend toward fragmentation, which spread from tort law to the various statutory branches of information privacy law. This Article argues for the reunification of information privacy law in two connected ways. First, Prosser's fragmented privacy tort should be replaced with a unitary tort for invasion of privacy that looks to the private or public nature …
The Subprime Crisis And Financial Regulation: International And Comparative Perspectives, Kenneth W. Dam
The Subprime Crisis And Financial Regulation: International And Comparative Perspectives, Kenneth W. Dam
Articles
No abstract provided.
The Limits Of Textualism: Cooper V. Ibm Personal Pension Plan, Julie Roin
The Limits Of Textualism: Cooper V. Ibm Personal Pension Plan, Julie Roin
Articles
No abstract provided.
The Second Great Awakening: A Christian Nation?, Geoffrey R. Stone
The Second Great Awakening: A Christian Nation?, Geoffrey R. Stone
Articles
No abstract provided.
Economic Costs Of Inequality, Richard H. Mcadams
Dupes And Losers In Mail Fraud, Thomas J. Miles
Easterbrook On Copyright, Randal C. Picker
Procd V. Zeidenberg And Cognitive Overload In Contractual Bargaining, Eric A. Posner
Procd V. Zeidenberg And Cognitive Overload In Contractual Bargaining, Eric A. Posner
Articles
No abstract provided.
Nra V. City Of Chicago : Does The Second Amendment Bind Frank Easterbrook?, Richard A. Epstein
Nra V. City Of Chicago : Does The Second Amendment Bind Frank Easterbrook?, Richard A. Epstein
Articles
No abstract provided.
The Judiciary And The Academy: A Fraught Relationship, Richard A. Posner
The Judiciary And The Academy: A Fraught Relationship, Richard A. Posner
Articles
No abstract provided.
What Judges Think Of The Quality Of Legal Representation, Richard A. Posner, Albert H. Yoon
What Judges Think Of The Quality Of Legal Representation, Richard A. Posner, Albert H. Yoon
Articles
Studying the legal profession poses several challenges. The evolution of law has moved lawyers away from a generalist practice towards increased specialization. This makes it difficult to compare lawyers across different practice areas meaningfully and to provide a comprehensive assessment of the legal profession. Judges are well situated to provide such an evaluation, given their experience and scope of cases. This Article reports the responses of federal and state judges to a survey we conducted in 2008. The questions relate to their perceptions of the quality of legal representation, generally and in criminal and civil cases; how the quality of …
Statutes' Domains And Judges' Prerogatives, David A. Strauss
Statutes' Domains And Judges' Prerogatives, David A. Strauss
Articles
No abstract provided.
Is Carolene Products Obsolete?, David A. Strauss