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Articles 11011 - 11040 of 20076
Full-Text Articles in Entire DC Network
Herring V. United States: A Minnow Or A Shark Term Paper, Albert W. Alschuler
Herring V. United States: A Minnow Or A Shark Term Paper, Albert W. Alschuler
Articles
No abstract provided.
From Blackstone To Holmes: The Revolt Against Natural Law Historic Proponents And The Critics Of Higher Law, Albert Alschuler
From Blackstone To Holmes: The Revolt Against Natural Law Historic Proponents And The Critics Of Higher Law, Albert Alschuler
Articles
No abstract provided.
Two Ways To Think About The Punishment Of Corporations, Albert W. Alschuler
Two Ways To Think About The Punishment Of Corporations, Albert W. Alschuler
Articles
No abstract provided.
What The Law Should (And Should Not) Learn From Child Development Research, Emily Buss
What The Law Should (And Should Not) Learn From Child Development Research, Emily Buss
Articles
No abstract provided.
Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case
Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case
Articles
No abstract provided.
A Global Architecture For Medical Counter-Measure Preparedness Against Bioviolence, Zachary D. Clopton, Barry Kellman
A Global Architecture For Medical Counter-Measure Preparedness Against Bioviolence, Zachary D. Clopton, Barry Kellman
Articles
No abstract provided.
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 …
The Race For The Bottom In Corporate Governance, Frank H. Easterbrook
The Race For The Bottom In Corporate Governance, Frank H. Easterbrook
Articles
No abstract provided.
The Case For Field Preemption Of State Laws In Drug Cases, Richard A. Epstein
The Case For Field Preemption Of State Laws In Drug Cases, Richard A. Epstein
Articles
No abstract provided.
Privacy And The Third Hand: Lessons From The Common Law Of Reasonable Expectations, Richard A. Epstein
Privacy And The Third Hand: Lessons From The Common Law Of Reasonable Expectations, Richard A. Epstein
Articles
No abstract provided.
Corporate Philanthropy And The Market For Altruism, M. Todd Henderson, Anup Malani
Corporate Philanthropy And The Market For Altruism, M. Todd Henderson, Anup Malani
Articles
Academics and businesspeople have long debated the merits of corporate philanthropy. It is our contention that this debate is too narrowly focused on the role of corporations. There is a robust market for philanthropic works--which we call the market for altruism--in which nonprofit organizations, the government, and for-profit corporations compete to do good works. In this Essay, we describe this market and the role corporations play in satisfying the demand for altruism. We conclude that corporations should only engage in philanthropy when they have a comparative advantage over nonprofits and the government. Moreover, the government must avoid discriminating--particularly when setting …
A Bargaining Power Theory Of Default Rules, Omri Ben-Shahar
A Bargaining Power Theory Of Default Rules, Omri Ben-Shahar
Articles
This Essay explores the merits of a new criterion for default rules in incomplete contracts: filling gaps with terms that are favorable to the party with the greater bargaining power. It argues that some of the more common gaps in contracts involve purely distributive issues, such as the contract price, for which it is impossible to choose a unique, joint-maximizing, "most efficient" term. Instead, the term that mimics the hypothetical bargain in these settings must be sensitive to the bargaining power of the parties-the term they would have chosen to divide the surplus in light of their relative bargaining strengths. …
A Speech On The Structural Constitution And The Stimulus Program, Richard A. Epstein
A Speech On The Structural Constitution And The Stimulus Program, Richard A. Epstein
Articles
No abstract provided.
Romancing The Court, Gerald Rosenberg
Did The Court Kill The Treason Charge?: Reassessing Cramer V. United States And Its Significance, Paul Crane
Did The Court Kill The Treason Charge?: Reassessing Cramer V. United States And Its Significance, Paul Crane
Articles
No abstract provided.
Great Power Politics And The Structure Of Foreign Relations Law, Daniel Abebe
Great Power Politics And The Structure Of Foreign Relations Law, Daniel Abebe
Articles
No abstract provided.
Odds And Ends: An Epstein-Inspired Look At Luck, Lee Anne Fennell
Odds And Ends: An Epstein-Inspired Look At Luck, Lee Anne Fennell
Articles
No abstract provided.
The Clash Of Commitments At The International Criminal Court, Tom Ginsburg
The Clash Of Commitments At The International Criminal Court, Tom Ginsburg
Articles
No abstract provided.
The Death Of Judicial Conservatism, David A. Strauss
The Pto's Future: Reform Or Abolition?, Jonathan Masur
You Too Can Create A Simulation Exercise (Or Even A Course), Jeff Leslie, James F. Hogg, Daniel Jaffe, Praveen Kosuri
You Too Can Create A Simulation Exercise (Or Even A Course), Jeff Leslie, James F. Hogg, Daniel Jaffe, Praveen Kosuri
Articles
No abstract provided.
Stipulated Damages, Super-Strict Liability, And Mitigation In Contract Law, Saul Levmore
Stipulated Damages, Super-Strict Liability, And Mitigation In Contract Law, Saul Levmore
Articles
The remedy of expectancy damages in contract law is conventionally described as strict liability for breach. Parties sometimes stipulate damages in advance, and may agree that the damages they stipulate shall be the exclusive remedy for breach. They may do so because of their conviction that they can, even in advance, assess damages with greater accuracy than courts, and they may be wary of litigation costs associated with the postbreach determination of expectancy damages. This Article advances two claims. First, that the familiar expectation remedy is correctly understood to involve elements of fault. There is litigation over the question of …
Beyond The Prisoners' Dilemma: Coordination, Game Theory, And Law, Richard H. Mcadams
Beyond The Prisoners' Dilemma: Coordination, Game Theory, And Law, Richard H. Mcadams
Articles
No abstract provided.
Richard Epstein And Discrimination Law, Richard H. Mcadams
Richard Epstein And Discrimination Law, Richard H. Mcadams
Articles
No abstract provided.
Depoliticizing Administrative Law, Thomas J. Miles, Cass R. Sunstein
Depoliticizing Administrative Law, Thomas J. Miles, Cass R. Sunstein
Articles
A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized in the sense that Republican appointees are significantly more likely to invalidate liberal agency decisions than conservative ones, while Democratic appointees are significantly more likely to invalidate conservative agency decisions than liberal ones. These results hold for both (a) judicial review of agency interpretations of law and (b) judicial review of agency decisions for "arbitrariness" on questions of policy and fact. On the federal courts of appeals, the most highly politicized voting patterns are found on unified panels, that is, on panels consisting solely …
Is The Bankruptcy Code An Adequate Mechanism For Resolving The Distress Of Systemically Important Institutions?, Edward Morrison
Is The Bankruptcy Code An Adequate Mechanism For Resolving The Distress Of Systemically Important Institutions?, Edward Morrison
Articles
No abstract provided.
Crisis Governance In The Administrative State: 9/11 And The Financial Meltdown Of 2008, Eric A. Posner, Adrian Vermeule
Crisis Governance In The Administrative State: 9/11 And The Financial Meltdown Of 2008, Eric A. Posner, Adrian Vermeule
Articles
This Article compares crisis governance and emergency lawmaking after 9/11 and the financial meltdown of 2008. We argue that the two episodes were broadly similar in outline, but importantly different in detail, and we attempt to explain both the similarities and differences. First, broad political processes, rather than legal or constitutional constraints, operated in both episodes to create a similar pattern of crisis governance, in which Congress delegated large new powers to the executive. We argue that this pattern is best explained by reference to the account of lawmaking in the administrative state offered by Carl Schmitt, as opposed to …
Should Greenhouse Gas Permits Be Allocated On A Per Capita Basis?, Eric A. Posner, Cass R. Sunstein
Should Greenhouse Gas Permits Be Allocated On A Per Capita Basis?, Eric A. Posner, Cass R. Sunstein
Articles
Many people believe that the problem of climate change would be best handled by an international agreement that includes a system of "cap-andtrade. "Such a system would impose a global cap on greenhouse gas emissions and allocate tradable emissions permits. This proposal raises a crucial but insufficiently explored question: How should such permits be allocated? It is tempting to suggest that in principle, a cap-and-trade system should allocate permits on a per capita basis, with the idea that each person should begin with the same entitlement, regardless of place of birth. This idea, pressed by many analysts and by the …
Are American Ceos Overpaid, And, If So, What If Anything Should Be Done About It?, Richard A. Posner
Are American Ceos Overpaid, And, If So, What If Anything Should Be Done About It?, Richard A. Posner
Articles
No abstract provided.
Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, Gerald Rosenberg
Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, Gerald Rosenberg
Articles
No abstract provided.