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Articles 11671 - 11700 of 20102
Full-Text Articles in Entire DC Network
Symposium: Public International Law And Economics - Introduction, Tom Ginsburg, Christoph Engel, Anne Van Aaken
Symposium: Public International Law And Economics - Introduction, Tom Ginsburg, Christoph Engel, Anne Van Aaken
Articles
No abstract provided.
Homeownership 2.0, Lee Anne Fennell
In Memoriam: David P. Currie (1936-2007), Geoffrey R. Stone
In Memoriam: David P. Currie (1936-2007), Geoffrey R. Stone
Articles
No abstract provided.
In Memoriam: David P. Currie (1936–2007), Saul Levmore
Little Rock And The Legacy Of Brown, David A. Strauss
Originalism And Pragmatism: Pragmatism's Role In Interpretation, Frank H. Easterbrook
Originalism And Pragmatism: Pragmatism's Role In Interpretation, Frank H. Easterbrook
Articles
No abstract provided.
Originalism And Precedent: Why Conservatives Shouldn't Be Originalists, David A. Strauss
Originalism And Precedent: Why Conservatives Shouldn't Be Originalists, David A. Strauss
Articles
No abstract provided.
Reputation Nation: Law In An Era Of Ubiquitous Personal Information, Lior Strahilevitz
Reputation Nation: Law In An Era Of Ubiquitous Personal Information, Lior Strahilevitz
Articles
No abstract provided.
The Chicago School And Exclusionary Conduct, Frank H. Easterbrook
The Chicago School And Exclusionary Conduct, Frank H. Easterbrook
Articles
No abstract provided.
Regulation With Placebo Effects, Anup Malani
Regulation With Placebo Effects, Anup Malani
Articles
A growing scientific literature supports the existence of placebo effects from a wide range of health interventions and for a range of medical conditions. This Article reviews this literature, examines the implications for law and policy, and suggests future areas for research on placebo effects. In particular, it makes the case for altering the drug approval process to account for, if not credit, placebo effects. It recommends that evidence of placebo effects be permitted as a defense in cases alleging violations of informed consent or false advertising. Finally, it finds that tort law already has doctrines such as joint and …
The Real World Of Arbitrariness Review, Thomas J. Miles, Cass R. Sunstein
The Real World Of Arbitrariness Review, Thomas J. Miles, Cass R. Sunstein
Articles
No abstract provided.
Does Political Bias In The Judiciary Matter?: Implications Of Judicial Bias Studies For Legal And Constitutional Reform, Eric A. Posner
Does Political Bias In The Judiciary Matter?: Implications Of Judicial Bias Studies For Legal And Constitutional Reform, Eric A. Posner
Articles
No abstract provided.
Climate Change Justice, Eric A. Posner, Cass R. Sunstein
Climate Change Justice, Eric A. Posner, Cass R. Sunstein
Articles
Reductions in greenhouse gas emissions would cost some nations much more than others and benefit some nations far less than others. Significant reductions would likely impose especially large costs on the United States, and recent projections suggest that the United States is not among the nations most at risk from climate change. In these circumstances, what does justice require the United States to do? Many people believe that the United States is required to reduce its greenhouse gas emissions beyond the point that is justified by its own self-interest, simply because the United States is wealthy, and because the nations …
Privacy, Surveillance, And Law, Richard A. Posner
Kenneth Karst's Equality As A Central Principle In The First Amendment, Geoffrey R. Stone
Kenneth Karst's Equality As A Central Principle In The First Amendment, Geoffrey R. Stone
Articles
No abstract provided.
On The Origin Of Rules (With Apologies To Darwin): A Comment On Antonin Scalia's The Rule Of Law As A Law Of Rules, David A. Strauss
On The Origin Of Rules (With Apologies To Darwin): A Comment On Antonin Scalia's The Rule Of Law As A Law Of Rules, David A. Strauss
Articles
No abstract provided.
The Taxation Of Carried Interests In Private Equity, David A. Weisbach
The Taxation Of Carried Interests In Private Equity, David A. Weisbach
Articles
No abstract provided.
Regulating The Rulemakers: A Proposal For Deliberative Cost-Benefit Analysis, Jennifer Nou
Regulating The Rulemakers: A Proposal For Deliberative Cost-Benefit Analysis, Jennifer Nou
Articles
No abstract provided.
The Judgment Power, William Baude
The Judgment Power, William Baude
Articles
When an Article III court decides a case, and the President disagrees with the outcome, what can he do about it? Existing scholarship generally takes two views. Some scholars argue that the President has general authority to review these judgments on their merits and decide whether to enforce them. Others believe that the President has an unqualified duty to obey court judgments no matter what. This Article challenges both of those views. Drawing on conventional constitutional history as well as the private law of judgments, this Article defends a new view of the Judiciary’s “Judgment Power.” Judgments are binding on …
The State Of Legal Scholarship Today: A Comment On Schlag, Richard A. Posner
The State Of Legal Scholarship Today: A Comment On Schlag, Richard A. Posner
Articles
No abstract provided.
What's Wrong With International Law Scholarship?: Gaps In International Legal Literature, Lyonette Louis-Jacques
What's Wrong With International Law Scholarship?: Gaps In International Legal Literature, Lyonette Louis-Jacques
Articles
No abstract provided.
Studying The Exclusionary Rule: An Empirical Classic, Albert Alschuler
Studying The Exclusionary Rule: An Empirical Classic, Albert Alschuler
Articles
No abstract provided.
Foreword: The Peer Review Experiment, Richard A. Posner
Foreword: The Peer Review Experiment, Richard A. Posner
Articles
No abstract provided.
Why The Modern Administrative State Is Inconsistent With The Rule Of Law, Richard A. Epstein
Why The Modern Administrative State Is Inconsistent With The Rule Of Law, Richard A. Epstein
Articles
No abstract provided.
The Reflections And Responses Of A Legal Contrarian, Richard A. Epstein
The Reflections And Responses Of A Legal Contrarian, Richard A. Epstein
Articles
No abstract provided.
Happiness And Revealed Preferences In Evolutionary Perspective, Richard A. Epstein
Happiness And Revealed Preferences In Evolutionary Perspective, Richard A. Epstein
Articles
No abstract provided.
The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa
The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa
Articles
No abstract provided.
Ancillary Powers Of Constitutional Courts, Tom Ginsburg, Zachary Elkins
Ancillary Powers Of Constitutional Courts, Tom Ginsburg, Zachary Elkins
Articles
No abstract provided.
The Citizen As Founder: Public Participation In Constitutional Approval, Tom Ginsburg, Justin Blount, Zachary Elkins
The Citizen As Founder: Public Participation In Constitutional Approval, Tom Ginsburg, Justin Blount, Zachary Elkins
Articles
No abstract provided.
Commitment And Diffusion: How And Why National Constitutions Incorporate International Law, Tom Ginsburg, Svitlana Chernykh, Zachary Elkins
Commitment And Diffusion: How And Why National Constitutions Incorporate International Law, Tom Ginsburg, Svitlana Chernykh, Zachary Elkins
Articles
Drafters of new constitutions face a bewildering array of choices as they seek to design stable and workable political institutions for their societies. One such set of choices concerns the status of international law in the domestic legal order. In a global era, with an expanding array of customary and treaty norms purporting to regulate formerly domestic behavior, this question takes on political salience. This paper seeks to describe the phenomenon of constitutional incorporation of international law in greater detail and provide a preliminary empirical test of the competing explanations for it. First, the discussion focuses on the concepts of …