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Arbitration And The Harmonization Of International Commercial Law: A Defense Of Mitsubishi, Eric A. Posner Jan 1999

Arbitration And The Harmonization Of International Commercial Law: A Defense Of Mitsubishi, Eric A. Posner

Articles

No abstract provided.


The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner Jan 1999

The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner

Articles

No abstract provided.


Incentives, Reputation, And The Glorious Determinants Of Judicial Behavior, Gerald Rosenberg Jan 1999

Incentives, Reputation, And The Glorious Determinants Of Judicial Behavior, Gerald Rosenberg

Articles

No abstract provided.


Implications Of Implicit Taxes, David A. Weisbach Jan 1999

Implications Of Implicit Taxes, David A. Weisbach

Articles

No abstract provided.


Line Drawing Doctrine And Efficiency In The Tax Law, David A. Weisbach Jan 1999

Line Drawing Doctrine And Efficiency In The Tax Law, David A. Weisbach

Articles

No abstract provided.


What Does Frieda Yoder Believe?, Emily Buss Jan 1999

What Does Frieda Yoder Believe?, Emily Buss

Articles

No abstract provided.


Availability Cascades And Risk Regulation, Cass R. Sunstein, Timur Kuran Jan 1999

Availability Cascades And Risk Regulation, Cass R. Sunstein, Timur Kuran

Articles

An availability cascade is a self-reinforcing process of collective belief formation by which an expressed perception triggers a chain reaction that gives the perception increasing plausibility through its rising availability in public discourse. The driving mechanism involves a combination of informational and reputational motives: Individuals endorse the perception partly by learning from the apparent beliefs of others and partly by distorting their public responses in the interest of maintaining social acceptance. Availability entrepreneurs- activists who manipulate the content of public discourse-strive to trigger availability cascades likely to advance their agendas. Their availability campaigns may yield social benefits, but sometimes they …


Breard, Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley Jan 1999

Breard, Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley

Articles

In its decision last Term in 'Breard v. Greene,' the Supreme Court refused to stay the execution of Angel Breard, an inmate in Virginia, even though Virginia had violated a treaty on consular relations and the International Court of Justice had ordered the United States to "take all measures at its disposal" to stay the execution. The international law academy has been heavily critical of the Supreme Court's decision and other aspects of the United States' handling of the Breard case. In this article Professor Bradley argues that the criticisms by the academy reflect an "international conception" of the relationship …


Externalities In Open Economy Antitrust And Their Implications For International Competition Policy Competition, Free Markets, And The Law-Symposium On Law And Public Policy-1999, Alan O. Sykes Jan 1999

Externalities In Open Economy Antitrust And Their Implications For International Competition Policy Competition, Free Markets, And The Law-Symposium On Law And Public Policy-1999, Alan O. Sykes

Articles

No abstract provided.


Controlling The Costs Of Alternative Medicine, Lior Strahilevitz Jan 1999

Controlling The Costs Of Alternative Medicine, Lior Strahilevitz

Articles

No abstract provided.


Does Antitrust Have A Comparative Advantage?, Frank H. Easterbrook Jan 1999

Does Antitrust Have A Comparative Advantage?, Frank H. Easterbrook

Articles

No abstract provided.


Too Young To Be Rehabilitated - Comments On Lipsey's 'Can Rehabilitative Programs Reduce The Recidivism Of Juvenile Offenders?', Emily Buss Jan 1999

Too Young To Be Rehabilitated - Comments On Lipsey's 'Can Rehabilitative Programs Reduce The Recidivism Of Juvenile Offenders?', Emily Buss

Articles

No abstract provided.


Confronting Developmental Barriers To The Empowerment Of Child Clients, Emily Buss Jan 1999

Confronting Developmental Barriers To The Empowerment Of Child Clients, Emily Buss

Articles

No abstract provided.


Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case Jan 1999

Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case

Articles

No abstract provided.


Very Stereotype The Law Condemns: Constitutional Sex Discrimination Law As A Quest For Perfect Proxies, Mary Anne Case Jan 1999

Very Stereotype The Law Condemns: Constitutional Sex Discrimination Law As A Quest For Perfect Proxies, Mary Anne Case

Articles

No abstract provided.


Cyberspace Versus Property Law, Frank H. Easterbrook Jan 1999

Cyberspace Versus Property Law, Frank H. Easterbrook

Articles

No abstract provided.


Hayekian Socialism, Richard A. Epstein Jan 1999

Hayekian Socialism, Richard A. Epstein

Articles

No abstract provided.


Exit Rights And Insurance Regulation: From Federalism To Takings, Richard A. Epstein Jan 1999

Exit Rights And Insurance Regulation: From Federalism To Takings, Richard A. Epstein

Articles

No abstract provided.


Commentary On The Futures Problem By Geoffrey C. Hazard Jr., Diane P. Wood Jan 1999

Commentary On The Futures Problem By Geoffrey C. Hazard Jr., Diane P. Wood

Articles

No abstract provided.


Impeachment And Presidential Immunity From Judicial Process, Joseph Isenbergh Jan 1999

Impeachment And Presidential Immunity From Judicial Process, Joseph Isenbergh

Articles

No abstract provided.


Reconceptualizing Unfunded Mandates And Other Regulations, Julie Roin Jan 1999

Reconceptualizing Unfunded Mandates And Other Regulations, Julie Roin

Articles

No abstract provided.


The Questionable Empirical Basis Of Article 2'S Incorporation Strategy: A Preliminary Study, Lisa Bernstein Jan 1999

The Questionable Empirical Basis Of Article 2'S Incorporation Strategy: A Preliminary Study, Lisa Bernstein

Articles

No abstract provided.


Licensing: Permission Slips In Corporate And Fourth Amendment Law, Saul Levmore Jan 1999

Licensing: Permission Slips In Corporate And Fourth Amendment Law, Saul Levmore

Articles

No abstract provided.


Double Blind Lawmaking And Other Comments On Formalism In The Tax Law, Saul Levmore Jan 1999

Double Blind Lawmaking And Other Comments On Formalism In The Tax Law, Saul Levmore

Articles

No abstract provided.


Changes, Anticipations, And Reparations, Saul Levmore Jan 1999

Changes, Anticipations, And Reparations, Saul Levmore

Articles

Conventional views of legal change emphasize the values of certainty and reliance, and are therefore hostile to explicitly retroactive laws. Contemporary scholarship, however, allows that a policy of aggressive legal change, with no compensation for "new losers," can encourage socially useful steps in anticipation of change. Professor Levmore argues that the anticipation-oriented approach logically extends to embrace anticipation by "new winners" and governments as well as new losers. If all parties' anticipatory incentives are considered, familiar rules, ranging from statutes of limitations to retroactivity and to compensatory payments for government takings, seem quite sensible. And if these rules are drawn …


The Scope Of Criminal Forfeiture Under Rico: The Appropriate Definition Of Proceeds, Anup Malani Jan 1999

The Scope Of Criminal Forfeiture Under Rico: The Appropriate Definition Of Proceeds, Anup Malani

Articles

No abstract provided.


Regulating Network Industries: A Look At Intel, Randal C. Picker Jan 1999

Regulating Network Industries: A Look At Intel, Randal C. Picker

Articles

No abstract provided.


Rethinking Cost-Benefit Analysis, Eric A. Posner, Matthew D. Adler Jan 1999

Rethinking Cost-Benefit Analysis, Eric A. Posner, Matthew D. Adler

Articles

No abstract provided.


Should Debtors Be Forced Into Chapter 13?, Eric A. Posner Jan 1999

Should Debtors Be Forced Into Chapter 13?, Eric A. Posner

Articles

No abstract provided.


A Positive Theory Of Chapter 11, Eric A. Posner, Kevin A. Kordana Jan 1999

A Positive Theory Of Chapter 11, Eric A. Posner, Kevin A. Kordana

Articles

This Article is the first comprehensive analysis of the complicated voting rules of Chapter 11. Under these rules, only the debtor may propose a plan of reorganization during a lengthy exclusivity period, creditors are placed in classes which vote separately on the plan, voting is based on a bicameral system with both majority and supermajority requirements, and a plan may be confirmed only if, among other things, every nonconsenting creditor receives at least as much as it would have if the firm were liquidated under Chapter Z Chapter 11's rules are idiosyncratic and difficult to understand, yet the literature on …