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Articles 11641 - 11670 of 20102

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David P. Currie (1936-2007) In Memoriam, Richard A. Epstein, Gerhard Casper, David Gossett, Herma Hill Kay Jan 2008

David P. Currie (1936-2007) In Memoriam, Richard A. Epstein, Gerhard Casper, David Gossett, Herma Hill Kay

Articles

No abstract provided.


The At&(And)T Consent Decree: In Praise Of Interconnection Only, Richard A. Epstein Jan 2008

The At&(And)T Consent Decree: In Praise Of Interconnection Only, Richard A. Epstein

Articles

No abstract provided.


Is Osha Unconstitutional?, Cass R. Sunstein Jan 2008

Is Osha Unconstitutional?, Cass R. Sunstein

Articles

No abstract provided.


Constitutional Showdowns, Eric A. Posner, Adrian Vermeule Jan 2008

Constitutional Showdowns, Eric A. Posner, Adrian Vermeule

Articles

No abstract provided.


Documenting Discrimination?, Adam B. Cox, Thomas J. Miles Jan 2008

Documenting Discrimination?, Adam B. Cox, Thomas J. Miles

Articles

No abstract provided.


The Bedrock Of Individual Rights In Times Of Natural Disaster, Diane P. Wood Jan 2008

The Bedrock Of Individual Rights In Times Of Natural Disaster, Diane P. Wood

Articles

No abstract provided.


A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt Jan 2008

A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt

Articles

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review articles of Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist …


Judicial Ideology And The Transformation Of Voting Rights Jurisprudence, Adam B. Cox, Thomas J. Miles Jan 2008

Judicial Ideology And The Transformation Of Voting Rights Jurisprudence, Adam B. Cox, Thomas J. Miles

Articles

No abstract provided.


The Inter-American Human Rights System: A Primer, Caroline Bettinger-López Jan 2008

The Inter-American Human Rights System: A Primer, Caroline Bettinger-López

Articles

No abstract provided.


Simplified Explanation Of Pneumatic Tire Behavior, George Sutherland Jan 2008

Simplified Explanation Of Pneumatic Tire Behavior, George Sutherland

Articles

This paper develops a simple model for the behavior of a pneumatic tire when vertically loaded. The model is based on the behavior of a thick-skinned spherical membrane (like a basketball) being compressed between two flat plates. The model is reasonably accurate for bicycle, motorcycle, truck, general purpose, and early model automobile tires which all have a circular cross-section. However modern automobile tires have a wide aspect ratio when unloaded, have unloaded line contact with the ground across the tread width, and have relatively stiff sidewalls that contribute to the tire’s load carrying capability (and in the case of run-flat …


Originalism's Expiration Date, Adam M. Samaha Jan 2008

Originalism's Expiration Date, Adam M. Samaha

Articles

The Constitution of the United States declares itself supreme law, but even the amended document is ancient. By 2008, the predicted age of a randomly selected word in this text reached 178 years. The judiciary, for its part, might not interpret the text until decades after ratification. For Article V amendments, the average lag between ratification and Supreme Court interpretation has been about 40 years. The question is how these features of our supreme law might influence the choice of interpretive method and, ultimately, constitutional decision-making. In particular, some scholars indicate that originalism may be a strong force in adjudication …


Competition And Privacy In Web 2.0 And The Cloud, Randal C. Picker Jan 2008

Competition And Privacy In Web 2.0 And The Cloud, Randal C. Picker

Articles

No abstract provided.


Privacy Versus Antidiscrimination, Lior Strahilevitz Jan 2008

Privacy Versus Antidiscrimination, Lior Strahilevitz

Articles

No abstract provided.


The Decline Of Literary Criticism, Richard A. Posner Jan 2008

The Decline Of Literary Criticism, Richard A. Posner

Articles

No abstract provided.


The New Legal Realism, Thomas J. Miles, Cass R. Sunstein Jan 2008

The New Legal Realism, Thomas J. Miles, Cass R. Sunstein

Articles

No abstract provided.


Plea Bargaining And The Death Penalty, Albert Alschuler Jan 2008

Plea Bargaining And The Death Penalty, Albert Alschuler

Articles

No abstract provided.


The Holmesian Bad Man's First Critic, Douglas G. Baird Jan 2008

The Holmesian Bad Man's First Critic, Douglas G. Baird

Articles

No abstract provided.


How Bad Are Mandatory Arbitration Terms?, Omri Ben-Shahar Jan 2008

How Bad Are Mandatory Arbitration Terms?, Omri Ben-Shahar

Articles

No abstract provided.


Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case Jan 2008

Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case

Articles

No abstract provided.


A Few Words In Favor Of Cultivating An Incest Taboo In The Workplace, Mary Anne Case Jan 2008

A Few Words In Favor Of Cultivating An Incest Taboo In The Workplace, Mary Anne Case

Articles

No abstract provided.


On Constitutional Changes To Limit Government, Frank H. Easterbrook Jan 2008

On Constitutional Changes To Limit Government, Frank H. Easterbrook

Articles

No abstract provided.


The Subprime Crisis: Why One Bad Turn Leads To Another At Pepperdine University School Of Law, Richard A. Epstein Jan 2008

The Subprime Crisis: Why One Bad Turn Leads To Another At Pepperdine University School Of Law, Richard A. Epstein

Articles

No abstract provided.


Federal Preemption, And Federal Common Law, In Nuisance Cases, Richard A. Epstein Jan 2008

Federal Preemption, And Federal Common Law, In Nuisance Cases, Richard A. Epstein

Articles

No abstract provided.


Free Speech In The Twenty-First Century: Ten Lessons From The Twentieth Century Lead Article, Geoffrey R. Stone Jan 2008

Free Speech In The Twenty-First Century: Ten Lessons From The Twentieth Century Lead Article, Geoffrey R. Stone

Articles

No abstract provided.


A Structural Interpretation Of The Second Amendment: Why Heller Is (Probably) Wrong On Originalist Grounds, Richard A. Epstein Jan 2008

A Structural Interpretation Of The Second Amendment: Why Heller Is (Probably) Wrong On Originalist Grounds, Richard A. Epstein

Articles

No abstract provided.


Human Welfare, Not Human Rights, Eric A. Posner Jan 2008

Human Welfare, Not Human Rights, Eric A. Posner

Articles

Human rights treaties play an important role in international relations but they lack a foundation in moral philosophy and doubts have been raised about their effectiveness for constraining states. Drawing on ideas from the literature on economic development, this Essay argues that international concern should be focused on human welfare rather than on human rights. A focus on welfare has three advantages. First, the proposition that governments should advance the welfare of their populations enjoys broader international and philosophical support than do the various rights incorporated in the human rights treaties. Second, the human rights treaties are both too rigid …


Judging The Voting Rights Act, Adam B. Cox, Thomas J. Miles Jan 2008

Judging The Voting Rights Act, Adam B. Cox, Thomas J. Miles

Articles

The Voting Rights Act has radically altered the political status of minority voters and dramatically transformed the partisan structure of American politics. Given the political and racial salience of cases brought under the Act, it is surprising that the growing literature on the effects of a judge's ideology and race on judicial decisionmaking has overlooked these cases. This Article provides the first systematic evidence that judicial ideology and race are closely related to findings of liability in voting rights cases. Democratic appointees are significantly more likely than Republican appointees to vote for liability under section 2 of the Voting Rights …


Other People's Money, Douglas G. Baird, M. Todd Henderson Jan 2008

Other People's Money, Douglas G. Baird, M. Todd Henderson

Articles

No abstract provided.


Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein Jan 2008

Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein

Articles

No abstract provided.


Snapshots From The Seventh Circuit: Continuity And Change, 1966-2007, Diane P. Wood Jan 2008

Snapshots From The Seventh Circuit: Continuity And Change, 1966-2007, Diane P. Wood

Articles

No abstract provided.