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Articles 12241 - 12270 of 20102
Full-Text Articles in Entire DC Network
Technology, Information, And Bankruptcy, Douglas G. Baird
Technology, Information, And Bankruptcy, Douglas G. Baird
Articles
Financial innovations, spurred by the growth of information technology, have transformed the consumer lending industry. Today lenders have unfettered access to a wider spectrum of borrowers and are better able to assess the likelihood that these borrowers will repay the debt they incur. Consequently, the level of consumer household debt has risen dramatically in the past three decades, and will continue to rise, which will lead naturally to an increase in bankruptcy filings. Although our initial intuition tells us that bankruptcies are bad, the author advances the idea that this development is inevitable and that instead of focusing on amending …
The Second-Order Structure Of Immigration Law, Adam B. Cox, Eric A. Posner
The Second-Order Structure Of Immigration Law, Adam B. Cox, Eric A. Posner
Articles
Immigration law concerns both first-order issues about the number and types of immigrants who should be admitted into a country and second-order design issues concerning the legal rules and institutions that are used to implement those first-order policy goals. The literature has focused on the first set of issues and largely neglected the second. In fact, many current controversies concern the design issues. This Article addresses the second-order dimension and argues that a central design choice all states face is whether to evaluate potential immigrants on the basis of pre-entry characteristics (the ex ante approach) or post-entry conduct (the ex …
The Neoclassical Economics Of Consumer Contracts, Richard A. Epstein
The Neoclassical Economics Of Consumer Contracts, Richard A. Epstein
Articles
No abstract provided.
Introduction To The Italian Edition Of Overdose, Richard A. Epstein
Introduction To The Italian Edition Of Overdose, Richard A. Epstein
Articles
No abstract provided.
Chicago On Vertical Restrictions, Frank H. Easterbrook
Order With Outlaws?, Lee Anne Fennell
Federalism: Executive Power In Wartime, Richard A. Epstein, Roger Pilon, Geoffrey R. Stone, John C. Yoo
Federalism: Executive Power In Wartime, Richard A. Epstein, Roger Pilon, Geoffrey R. Stone, John C. Yoo
Articles
No abstract provided.
The Erosion Of Individual Autonomy In Medical Decisionmaking: Of The Fda And Irbs, Richard A. Epstein
The Erosion Of Individual Autonomy In Medical Decisionmaking: Of The Fda And Irbs, Richard A. Epstein
Articles
No abstract provided.
The International Protection Of Cultural Property: Some Skeptical Observations, Eric A. Posner
The International Protection Of Cultural Property: Some Skeptical Observations, Eric A. Posner
Articles
No abstract provided.
Tribute To Bernard Meltzer, Phil C. Neal
Tribute To Bernard Meltzer, Richard A. Epstein
Uncapturing Law School Regulation, Saul Levmore
Reforming Entrapment Doctrine In United States V. Hollingsworth, Richard H. Mcadams
Reforming Entrapment Doctrine In United States V. Hollingsworth, Richard H. Mcadams
Articles
No abstract provided.
Posner On Economic Loss In Tort: Evra Corp V. Swiss Bank, Thomas J. Miles
Posner On Economic Loss In Tort: Evra Corp V. Swiss Bank, Thomas J. Miles
Articles
No abstract provided.
Pulling A Rabbi Out Of His Hat: The Bankruptcy Magic Of Dick Posner, Randal C. Picker
Pulling A Rabbi Out Of His Hat: The Bankruptcy Magic Of Dick Posner, Randal C. Picker
Articles
No abstract provided.
Fair Use V. Fair Access, Randal C. Picker
Climate Change And International Human Rights Litigation: A Critical Appraisal, Eric A. Posner
Climate Change And International Human Rights Litigation: A Critical Appraisal, Eric A. Posner
Articles
No abstract provided.
The Credible Executive, Eric A. Posner, Adrian Vermeule
The Credible Executive, Eric A. Posner, Adrian Vermeule
Articles
Legal and constitutional theory has focused chiefly on the risk that voters and legislators will trust an ill-motivated executive. This Article addresses the risk that voters and legislators will fail to trust a well-motivated executive. Absent some credible signal of benign motivations, voters will be unable to distinguish good from bad executives and will thus withhold authority that they would have preferred to grant, making all concerned worse off We suggest several mechanisms with which a well-motivated executive can credibly signal his type, including independent commissions within the executive branch; bipartisanship in appointments to the executive branch, or more broadly …
On Learning From Others, Eric A. Posner, Cass R. Sunstein
On Learning From Others, Eric A. Posner, Cass R. Sunstein
Articles
No abstract provided.
Originalism And Emergencies: A Reply To Lawson, Eric A. Posner, Adrian Vermeule
Originalism And Emergencies: A Reply To Lawson, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
Tribute To Ronald Dworkin And A Note On Pragmatic Adjudication, Richard A. Posner
Tribute To Ronald Dworkin And A Note On Pragmatic Adjudication, Richard A. Posner
Articles
No abstract provided.
The New Market For Federal Judicial Law Clerks, Richard A. Posner, Christopher Avery, Christine Jolls, Alvin E. Roth
The New Market For Federal Judicial Law Clerks, Richard A. Posner, Christopher Avery, Christine Jolls, Alvin E. Roth
Articles
No abstract provided.
Government Secrecy Vs. Freedom Of The Press, Geoffrey R. Stone
Government Secrecy Vs. Freedom Of The Press, Geoffrey R. Stone
Articles
No abstract provided.
Sex, Violence, And The First Amendment, Geoffrey R. Stone
Sex, Violence, And The First Amendment, Geoffrey R. Stone
Articles
No abstract provided.
National Security V. Civil Liberties, Geoffrey R. Stone
National Security V. Civil Liberties, Geoffrey R. Stone
Articles
No abstract provided.
Origins Of Obscenity, Geoffrey R. Stone
The Anti-Formalist, David A. Strauss
The Common Law Genius Of The Warren Court, David A. Strauss
The Common Law Genius Of The Warren Court, David A. Strauss
Articles
The Warren Court's most important decisions-on school segregation, reapportionment, free speech, and criminal procedureare firmly entrenched in the law. But the idea persists, even among those who are sympathetic to the results that the Warren Court reached, that what the Warren Court was doing was somehow not really law: that the Warren Court "made it up," and that the important Warren Court decisions cannot be justified by reference to conventional legal materials. It is true that the Warren Court's most important decisions cannot be easily justified on the basis of the text of the Constitution or the original understandings. But …
Disrupting The Market For Tax Planning, David A. Weisbach
Disrupting The Market For Tax Planning, David A. Weisbach
Articles
No abstract provided.
Paretian Intergenerational Discounting, David A. Weisbach, Dexter Samida
Paretian Intergenerational Discounting, David A. Weisbach, Dexter Samida
Articles
This paper argues that discounting costs and benefits of projects for the opportunity costs of capital Pareto dominates decision criteria that do not discount. It considers and rejects several objections to the Pareto dominance argument, including the problem of making compensating transfers for the costs and benefits of projects and whether taking opportunity costs into account is different than discounting. It also argues that discounting future costs and benefits of projects does not undervalue future generations.