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Articles 14221 - 14250 of 20106
Full-Text Articles in Entire DC Network
Abraham Lincoln's First Amendment, Geoffrey R. Stone
Abraham Lincoln's First Amendment, Geoffrey R. Stone
Articles
As we confront the challenges of the "War on Terrorism," it is useful to look back at our own history to understand how in past crises we have struck the balance between liberty and security. In this Essay, Professor Geoffrey Stone considers how Abraham Lincoln dealt with the conflict between free expression and military necessity during the course of the Civil War. Although we tend to think of Lincoln's suspension of habeas corpus as the paramount civil liberties issue in this era (apart from slavery), Professor Stone explores how Lincoln, facing often severe criticism of his administration, struggled to balance …
Fear And Greed In Tax Policy: A Qualitative Research Agenda, Lee Anne Fennell, Christopher C. Fennell
Fear And Greed In Tax Policy: A Qualitative Research Agenda, Lee Anne Fennell, Christopher C. Fennell
Articles
No abstract provided.
Common Law, Common Ground, And Jefferson's Principle, David A. Strauss
Common Law, Common Ground, And Jefferson's Principle, David A. Strauss
Articles
No abstract provided.
The Brave New World Of Arbitration, Diane P. Wood
Threatening An Irrational Breach Of Contract, Omri Ben-Shahar, Oren Bar-Gill
Threatening An Irrational Breach Of Contract, Omri Ben-Shahar, Oren Bar-Gill
Articles
When circumstances surrounding the contract change, a party might consider breach a more attractive option than performance. Threatening breach, this party may induce the other party to modify the original agreement. The contract law doctrine of modification determines whether and when these modifications are enforceable. To promote social welfare as well as the interests of the threatened party, the law should enforce modifications if and only if the modification demand is backed by a credible threat to breach. This paper argues that credibility is not a function of pecuniary interests alone. A decision to breach can be motivated also by …
Shareholder Value And Auditor Independence, William Wilson Bratton
Shareholder Value And Auditor Independence, William Wilson Bratton
Articles
This Article questions the practice of framing problems concerning auditors' professional responsibility inside a principal-agent paradigm. If professional independence is to be achieved, auditors cannot be enmeshed in agency relationships with the shareholders of their audit clients. As agents, the auditors by definition become subject to the principal's control and cannot act independently. For the same reason, auditors' duties should be neither articulated in the framework of corporate law fiduciary duty, nor conceived relationally at all. These assertions follow from an inquiry into the operative notion of the shareholder-beneficiary. The Article unpacks the notion of the shareholder and tells a …
Children's Rights In Israel: An End To Corporal Punishment, Tamar Ezer
Children's Rights In Israel: An End To Corporal Punishment, Tamar Ezer
Articles
No abstract provided.
Class Actions: Aggregation, Amplification, And Distortion, Richard A. Epstein
Class Actions: Aggregation, Amplification, And Distortion, Richard A. Epstein
Articles
No abstract provided.
Charismatic Code, Social Norms, And The Emergence Of Cooperation On The File-Sharing Networks, Lior Strahilevitz
Charismatic Code, Social Norms, And The Emergence Of Cooperation On The File-Sharing Networks, Lior Strahilevitz
Articles
No abstract provided.
Indirect Restraints On The Provision Of Health Care Quality, Richard A. Epstein
Indirect Restraints On The Provision Of Health Care Quality, Richard A. Epstein
Articles
No abstract provided.
The Changing Purposes Of Criminal Punishment: A Retrospective On The Last Century And Some Thoughts About The Next, Albert Alschuler
The Changing Purposes Of Criminal Punishment: A Retrospective On The Last Century And Some Thoughts About The Next, Albert Alschuler
Articles
No abstract provided.
Straining At Gnats And Swallowing Camels: The Selective Morality Of Professor Bibas, Albert W. Alschuler
Straining At Gnats And Swallowing Camels: The Selective Morality Of Professor Bibas, Albert W. Alschuler
Articles
No abstract provided.
In Coase's Footsteps, Douglas G. Baird
Reply: Chapter 11 At Twilight, Douglas G. Baird, Robert K. Rasmussen
Reply: Chapter 11 At Twilight, Douglas G. Baird, Robert K. Rasmussen
Articles
No abstract provided.
The Missed Opportunity In Gault, Emily Buss
Are Plain Hamburgers Now Unconstitutional? - The Equal Protection Component Of Bush V. Gore As A Chapter In The History Of Ideas About Law, Mary Anne Case
Are Plain Hamburgers Now Unconstitutional? - The Equal Protection Component Of Bush V. Gore As A Chapter In The History Of Ideas About Law, Mary Anne Case
Articles
No abstract provided.
Journals As A Feminist Playground, Mary Anne Case
When Does Competition Improve Regulation?, Frank H. Easterbrook
When Does Competition Improve Regulation?, Frank H. Easterbrook
Articles
No abstract provided.
The 'Necessary' History Of Property And Liberty, Richard A. Epstein
The 'Necessary' History Of Property And Liberty, Richard A. Epstein
Articles
No abstract provided.
Cybertrespass, Richard A. Epstein
Probability Errors: Some Positive And Normative Implications For Tort And Contract Law, Eric A. Posner
Probability Errors: Some Positive And Normative Implications For Tort And Contract Law, Eric A. Posner
Articles
This paper examines the effect of tort rules on behavior if people are optimistic or insensitive relative to true probabilities. The paper shows that under certain conditions both strict liability and negligence cause levels of care that are higher than, or equal to, what is efficient (rather than lower, which is the common assumption). The paper also shows that under certain conditions strict liability and negligence cause the same level of activity among optimists (more than is efficient). Other implications for tort law are discussed, as are the sensitivity of the results to the choice of how to model probability …
Tobacco Regulation Or Litigation? (Reviewing W. Kip Viscusi, Smoke-Filled Rooms: A Postmortem On The Tobacco Deal (2002)), Eric A. Posner
Tobacco Regulation Or Litigation? (Reviewing W. Kip Viscusi, Smoke-Filled Rooms: A Postmortem On The Tobacco Deal (2002)), Eric A. Posner
Articles
No abstract provided.
Activists Vote Twice, Joseph Isenbergh
Death, Taxes, And Cognition, Lee Anne Fennell
Death, Taxes, And Cognition, Lee Anne Fennell
Articles
The psychology of the estate tax is extraordinarily interesting and surprisingly underexplored. In this Article, Professor Fennell considers the ways in which behavioral law and economics might augment and revise existing understandings of the tax and of redistributive policy generally. The Article is structured around two puzzles that have been frequently identified in the estate tax literature: first, why popular opposition to the tax is so great, even among those who have no reason to expect estate tax liability; and second, why those whose estates are likely to be subject to the tax often do not take advantage of the …
Protecting Sex: Sexual Disincentives And Sex-Based Discrimination In Nguyen V. Ins, Laura Weinrib
Protecting Sex: Sexual Disincentives And Sex-Based Discrimination In Nguyen V. Ins, Laura Weinrib
Articles
No abstract provided.
Should Legal Rules Be Used To Redistribute Income?, David A. Weisbach
Should Legal Rules Be Used To Redistribute Income?, David A. Weisbach
Articles
No abstract provided.
Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz
Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz
Articles
No abstract provided.
The Consequences Of Undoing The Federal Income Tax, Julie Roin
The Consequences Of Undoing The Federal Income Tax, Julie Roin
Articles
No abstract provided.
The Empirical Side Of Law And Economics, William M. Landes
The Empirical Side Of Law And Economics, William M. Landes
Articles
No abstract provided.
Truth In Government: Beyond The Tax Expenditure Budget, Julie Roin
Truth In Government: Beyond The Tax Expenditure Budget, Julie Roin
Articles
No abstract provided.