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Articles 12811 - 12840 of 20102
Full-Text Articles in Entire DC Network
Irreversible And Catastrophic, Cass R. Sunstein
Irreversible And Catastrophic, Cass R. Sunstein
Articles
As many treaties and statutes emphasize, some risks are distinctive in the sense that they are potentially irreversible or catastrophic; for such risks, it is sensible to take extra precautions. When a harm is irreversible, and when regulators lack information about its magnitude and likelihood, they should purchase an "option" to prevent the harm at a later date-the Irreversible Harm Precautionary Principle. This principle brings standard option theory to bear on environmental law and risk regulation. And when catastrophic outcomes are possible, it makes sense to take special precautions against the worst-case scenarios-the Catastrophic Harm Precautionary Principle. This principle is …
Timing Controversial Decisions Ideas, Cass R. Sunstein
Properties Of Concentration, Lee Anne Fennell
Separation Versus Accommodation: Why We Should Favor The Latter, Richard A. Epstein
Separation Versus Accommodation: Why We Should Favor The Latter, Richard A. Epstein
Articles
No abstract provided.
Judicial Oversight In Two Dimensions: Charting Area And Intensity In The Decisions Of Justice Stevens, Adam M. Samaha, Allison Marston Danner
Judicial Oversight In Two Dimensions: Charting Area And Intensity In The Decisions Of Justice Stevens, Adam M. Samaha, Allison Marston Danner
Articles
No abstract provided.
Book Review (Reviewing Ronald Dworkin, Ed., Justice In Robes (2006) & Scott Hershovitz, Ed., Exploring Law's Empire: The Jurisprudence Of Ronald Dworkin (2006)), Brian Leiter
Articles
No abstract provided.
Mandatory Access Obligations And Standing, Randal C. Picker
Mandatory Access Obligations And Standing, Randal C. Picker
Articles
No abstract provided.
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
International Law And The Rise Of China, Eric A. Posner, John C. Yoo
International Law And The Rise Of China, Eric A. Posner, John C. Yoo
Articles
No abstract provided.
Freedom Of The Press In Time Of War, Geoffrey R. Stone
Do We Have Too Many Intellectual Property Rights?, Richard A. Posner
Do We Have Too Many Intellectual Property Rights?, Richard A. Posner
Articles
No abstract provided.
Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell
Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell
Articles
No abstract provided.
A Lawyer's Responsibility: Protecting Civil Liberties In Wartime, Geoffrey R. Stone
A Lawyer's Responsibility: Protecting Civil Liberties In Wartime, Geoffrey R. Stone
Articles
No abstract provided.
Exclusionary Amenities In Residential Communities, Lior Strahilevitz
Exclusionary Amenities In Residential Communities, Lior Strahilevitz
Articles
No abstract provided.
Reconstructing Richard Epstein, Eduardo Peñalver
Welsh S. White: Dedicated Scholar, Devoted Colleague, And Dear Friend, Albert Alschuler
Welsh S. White: Dedicated Scholar, Devoted Colleague, And Dear Friend, Albert Alschuler
Articles
No abstract provided.
Beyond Recidivism, Douglas G. Baird
Discharge, Waiver, And The Behavioral Undercurrents Of Debtor-Creditor Law, Douglas G. Baird
Discharge, Waiver, And The Behavioral Undercurrents Of Debtor-Creditor Law, Douglas G. Baird
Articles
No abstract provided.
Absolute Priority, Valuation Uncertainty, And The Reorganization Bargain, Douglas G. Baird, Donald S. Bernstein
Absolute Priority, Valuation Uncertainty, And The Reorganization Bargain, Douglas G. Baird, Donald S. Bernstein
Articles
In a Chapter 11 reorganization, senior creditors can insist on being paid in full before anyone junior to them receives anything. In practice, however, departures from "absolute priority" treatment are commonplace. Explaining these deviations has been a central preoccupation of reorganization scholars for decades. By the standard law-and-economics account, deviations from absolute priority arise because well-positioned insiders take advantage of cumbersome procedures and permissive judges. In this Essay, we suggest a different force is at work. Deviations from absolute priority are inevitable even in a world completely committed to respecting priority as long as the value of the reorganized enterprise …
Private Debt And The Missing Lever Of Corporate Governance, Douglas G. Baird, Robert K. Rasmussen
Private Debt And The Missing Lever Of Corporate Governance, Douglas G. Baird, Robert K. Rasmussen
Articles
Traditional approaches to corporate governance focus exclusively on shareholders and neglect the large and growing role of creditors. Today's creditors craft elaborate covenants that give them a large role in the affairs of the corporation. While they do not exercise their rights in sunny times when things are going well, these are not the times that matter most. When a business stumbles, creditors typically enjoy powers that public shareholders never have, such as the ability to replace the managers and install those more to their liking. Creditors exercise these powers even when the business is far from being insolvent and …
The Prime Directive, Douglas G. Baird, Robert K. Rasmussen
The Prime Directive, Douglas G. Baird, Robert K. Rasmussen
Articles
No abstract provided.
Introduction To Symposium: Homo Economicus, Homo Myopicus, And The Law And Economics Of Consumer Choice, Douglas G. Baird, Richard A. Epstein, Cass R. Sunstein
Introduction To Symposium: Homo Economicus, Homo Myopicus, And The Law And Economics Of Consumer Choice, Douglas G. Baird, Richard A. Epstein, Cass R. Sunstein
Articles
No abstract provided.
Peer Comparisons And Consumer Debt, Gary S. Becker, Luis Rayo
Peer Comparisons And Consumer Debt, Gary S. Becker, Luis Rayo
Articles
No abstract provided.
Boilerplate And Economic Power In Auto Manufacturing Contracts, Omri Ben-Shahar, James J. White
Boilerplate And Economic Power In Auto Manufacturing Contracts, Omri Ben-Shahar, James J. White
Articles
No abstract provided.
On The Stickiness Of Default Rules, Omri Ben-Shahar, John A. E. Pottow
On The Stickiness Of Default Rules, Omri Ben-Shahar, John A. E. Pottow
Articles
No abstract provided.
Foreword To Boilerplate: Foundations Of Market Contracts Symposium, Omri Ben-Shahar
Foreword To Boilerplate: Foundations Of Market Contracts Symposium, Omri Ben-Shahar
Articles
No abstract provided.
Foreign Sources And The American Constitution, Frank H. Easterbrook
Foreign Sources And The American Constitution, Frank H. Easterbrook
Articles
No abstract provided.
Intuition, Custom, And Protocol: How To Make Sound Decisions With Limited Knowledge, Richard A. Epstein
Intuition, Custom, And Protocol: How To Make Sound Decisions With Limited Knowledge, Richard A. Epstein
Articles
No abstract provided.
Our Ignorance About Intelligence, Richard A. Epstein
Behavioral Economics: Human Errors And Market Corrections, Richard A. Epstein
Behavioral Economics: Human Errors And Market Corrections, Richard A. Epstein
Articles
No abstract provided.