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Articles 12841 - 12870 of 20102
Full-Text Articles in Entire DC Network
Civility And Dissent During Wartime, Geoffrey R. Stone
"True Threats" And The Issue Of Intent, Paul Crane
Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo Peñalver
Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo Peñalver
Articles
No abstract provided.
Why Parties And Powers Both Matter: A Separationist Response To Levinson And Pildes, Richard A. Epstein
Why Parties And Powers Both Matter: A Separationist Response To Levinson And Pildes, Richard A. Epstein
Articles
No abstract provided.
Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Peñalver
Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Peñalver
Articles
No abstract provided.
What Light If Any Does The Google Print Dispute Shed On Intellectual Property Law?, Richard A. Epstein
What Light If Any Does The Google Print Dispute Shed On Intellectual Property Law?, Richard A. Epstein
Articles
No abstract provided.
Why Blogs Are Bad For Legal Scholarship, Brian Leiter
Habeas Settlements, Anup Malani
Do Judges Make Regulatory Policy? - An Empirical Investigation Of Chevron, Thomas J. Miles, Cass R. Sunstein
Do Judges Make Regulatory Policy? - An Empirical Investigation Of Chevron, Thomas J. Miles, Cass R. Sunstein
Articles
In the past quarter century, the Supreme Court has legitimated agency authority to interpret regulatory legislation, above all in Chevron U.S.A., Inc v Natural Resources Defense Council, Inc, the most cited case in modern public law. Chevron recognizes that the resolution of statutory ambiguities often requires judgments of policy; its call for judicial deference to reasonable interpretations was widely expected to have eliminated the role of policy judgments in judicial review of agency interpretations of law. But this expectation has not been realized. On the Supreme Court, conservative justices vote to validate agency decisions less often than liberal justices. Moreover, …
Emergencies And Democratic Failure, Eric A. Posner, Adrian Vermeule
Emergencies And Democratic Failure, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
International Law: A Welfarist Approach, Eric A. Posner
International Law: A Welfarist Approach, Eric A. Posner
Articles
This Article evaluates international law from a welfarist perspective. Global welfarism requires that international law advance the well-being of everyone in the world, and scholars influenced by global welfarism and similar cosmopolitan principles have advocated radical restructuring of international law. But global welfarism is subject to several constraints; including (1) heterogeneity of preferences of the world population, which produces the state system; (2) agency costs, which produce imperfect governments; and (3) the problem of collective action. These constraints place limits on what policies motivated by global welfarism can achieve and explain some broad features of international law that otherwise remain …
Chevronizing Foreign Relations Law, Eric A. Posner, Cass R. Sunstein
Chevronizing Foreign Relations Law, Eric A. Posner, Cass R. Sunstein
Articles
A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, courts usually interpret ambiguous statutes to conform to international law and understand them not to apply outside of the nation's territorial boundaries. The international comity doctrines are best understood as a product of a judicial judgment that in particular contexts the costs of deference to foreign interests are lower than the benefits to American interests. Sometimes Congress balances these considerations and incorporates its judgment in a statute, but usually it does not. In such cases, executive interpretations …
There Are No Penalty Default Rules In Contract Law, Eric A. Posner
There Are No Penalty Default Rules In Contract Law, Eric A. Posner
Articles
In an influential article, Ian Ayres and Robert Gertner introduced the concept of the "penalty default rule," a rule that fills a gap in an incomplete contract with a term that would not be chosen by a majority of parties similarly situated to the parties to the contract in question. Ayres and Gertner argued that such a rule might be efficient in a model in which contracting parties have asymmetric information. However, Ayres and Gertner did not provide any persuasive examples of penalty default rules; their best example is the Hadley rule, but this rule is probably not a penalty …
Judicial Autonomy In A Political Environment, Richard A. Posner
Judicial Autonomy In A Political Environment, Richard A. Posner
Articles
No abstract provided.
One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk
One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk
Articles
No abstract provided.
Law School Rankings, Richard A. Posner
Law School Rankings, Richard A. Posner
Articles
Rank ordering is a crude but economical method of conveying information that assists "consumers" (such as prospective law students) to make choices; hence the popularity of the law school rankings by U.S. News & World Report ("U.S. News'). However, U.S. News's rankings are vitiated by the arbitrary weights attached to the different factors on which the rankings are based. This paper explores a variety of alternatives, beginning with the mean LSAT score of the student body, and emphasizes that the design of a ranking system is relevant to the interest of the people whom the rankings are intended to guide. …
Efficient Responses To Catastrophic Risk, Richard A. Posner
Efficient Responses To Catastrophic Risk, Richard A. Posner
Articles
No abstract provided.
The Role Of The Judge In The Twenty-First Century, Richard A. Posner
The Role Of The Judge In The Twenty-First Century, Richard A. Posner
Articles
In my youthful, scornful way, I recognized four kinds of judgments; first the cogitative, of and by reflection and logomancy; second, aleatory, of and by the dice; third, intuitive, of and by feeling or "hunching;" and fourth, asinine, of and by an ass; and in that same youthful, scornful way I regarded the last three as only variants of each other, the results of processes all alien to good judges.
Law Reviews, Richard A. Posner
Common-Law Economic Torts: An Economic And Legal Analysis, Richard A. Posner
Common-Law Economic Torts: An Economic And Legal Analysis, Richard A. Posner
Articles
No abstract provided.
Tilting At Windmills: Brown Ii And The Hopeless Quest To Resolve Deep-Seated Social Conflict Through Litigation, Gerald Rosenberg
Tilting At Windmills: Brown Ii And The Hopeless Quest To Resolve Deep-Seated Social Conflict Through Litigation, Gerald Rosenberg
Articles
No abstract provided.
Prosecuting The Press For Publishing Classified Information, Geoffrey R. Stone
Prosecuting The Press For Publishing Classified Information, Geoffrey R. Stone
Articles
No abstract provided.
Tax Expenditures, Principal-Agent Problems, And Redundancy, David A. Weisbach
Tax Expenditures, Principal-Agent Problems, And Redundancy, David A. Weisbach
Articles
This Article considers tax expenditures from two related perspectives. First, it analyzes how the incentives on Congress to use a tax expenditure change when principal-agent problems are considered. For example, it considers whether tax expenditures can reduce moral hazard or adverse selection problems created by delegations to expert agencies. Second, it considers the condition under which tax expenditures should be expected to be redundant with direct expenditures, as many are. The two perspectives-principal-agent problems and redundancy-are related because redundancy is often seen as a solution to the principal-agent problem. The Article concludes that both principal-agent concerns and redundancy might lead …
The Superiority Of An Ideal Consumption Tax Over An Ideal Income Tax, David A. Weisbach, Joseph Bankman
The Superiority Of An Ideal Consumption Tax Over An Ideal Income Tax, David A. Weisbach, Joseph Bankman
Articles
This Article considers the arguments regarding the choice between an ideal income tax and an ideal consumption tax, focusing on an argument first made by Atkinson and Stiglitz regarding neutral taxation of commodities. This argument shows that, under its assumptions, a properly designed consumption tax is Pareto superior to an income tax: it is either more efficient, more redistributive, or both. The Article illustrates the Atkinson-Stiglitz argument using the simple case in which investments produce risk-free returns, and individuals vary by their ability. It then considers more complex cases, such as risky returns, inherited wealth, heterogeneous savings rates, and the …
Celebrating Great Lawyering (Reviewing Welsh S. White, Litigating In The Shadow Of Death: Defense Attorneys In Capital Cases, By Welsh S. White (2006)), Albert W. Alschuler
Celebrating Great Lawyering (Reviewing Welsh S. White, Litigating In The Shadow Of Death: Defense Attorneys In Capital Cases, By Welsh S. White (2006)), Albert W. Alschuler
Articles
No abstract provided.
Justice Breyer Throws Down The Gauntlet (Reviewing Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005)), Richard A. Posner
Justice Breyer Throws Down The Gauntlet (Reviewing Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution (2005)), Richard A. Posner
Articles
No abstract provided.
The Federalism Decisions Of Justices Rehnquist And O'Connor: Is Half A Loaf Enough?, Richard A. Epstein
The Federalism Decisions Of Justices Rehnquist And O'Connor: Is Half A Loaf Enough?, Richard A. Epstein
Articles
No abstract provided.
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Tom Ginsburg, Paul F. Diehl
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Tom Ginsburg, Paul F. Diehl
Articles
No abstract provided.
Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig
Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig
Articles
In 1982, James Q. Wilson and George Kelling suggested in an influential article in the Atlantic Monthly that targeting minor disorder could help reduce more serious crime. More than twenty years later, the three most populous cities in the United States-New York, Chicago, and, most recently, Los Angeles-have all adopted at least some aspect of Wilson and Kelling's theory, primarily through more aggressive enforcement of minor misdemeanor laws. Remarkably little, though, is currently known about the effect of broken windows policing on crime. According to a recent National Research Council report, existing research does not provide strong support for the …
How To Rank Law Schools, Brian Leiter