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Intellectual Property And The Law Of Contract: The Case Against "Efficient Breach", Richard A. Epstein Jan 2013

Intellectual Property And The Law Of Contract: The Case Against "Efficient Breach", Richard A. Epstein

Articles

No abstract provided.


Tushnet's Lawless World: A Response To Mark Tushnet, Book Review, Epstein's Best Of All Possible Worlds: The Rule Of Law, 80 U Chi L Rev 487 (2013), Richard A. Epstein Jan 2013

Tushnet's Lawless World: A Response To Mark Tushnet, Book Review, Epstein's Best Of All Possible Worlds: The Rule Of Law, 80 U Chi L Rev 487 (2013), Richard A. Epstein

Articles

No abstract provided.


Copying And Context: Tying As A Solution To The Lack Of Intellectual Property Protection Of Contract Terms, Lisa Bernstein Jan 2013

Copying And Context: Tying As A Solution To The Lack Of Intellectual Property Protection Of Contract Terms, Lisa Bernstein

Articles

No abstract provided.


Contract Versus Property Damages, Omri Ben-Shahar Jan 2013

Contract Versus Property Damages, Omri Ben-Shahar

Articles

No abstract provided.


Fixing Obamacare: The Virtues Of Choice, Competition And Deregulation, Richard A. Epstein, David A. Hyman Jan 2013

Fixing Obamacare: The Virtues Of Choice, Competition And Deregulation, Richard A. Epstein, David A. Hyman

Articles

No abstract provided.


A Reply To Dworkin's New Theory Of International Law, Adam S. Chilton Jan 2013

A Reply To Dworkin's New Theory Of International Law, Adam S. Chilton

Articles

No abstract provided.


Why The Study Of International Law Needs Experiments, Adam S. Chilton, Dustin Tingley Jan 2013

Why The Study Of International Law Needs Experiments, Adam S. Chilton, Dustin Tingley

Articles

No abstract provided.


An (Un)Common Frame Of Reference: An American Perspective On The Jurisprudence Of The Cesl, Lisa Bernstein Jan 2013

An (Un)Common Frame Of Reference: An American Perspective On The Jurisprudence Of The Cesl, Lisa Bernstein

Articles

No abstract provided.


Another Look At The Eurobarometer Surveys, William Hubbard Jan 2013

Another Look At The Eurobarometer Surveys, William Hubbard

Articles

No abstract provided.


The Global Determinants Of U.S. Foreign Affairs Law, Daniel Abebe Jan 2013

The Global Determinants Of U.S. Foreign Affairs Law, Daniel Abebe

Articles

A recurring debate in foreign affairs law focuses on the appropriate level of congressional and judicial deference to the President. In answering that question, most scholars focus on the Constitution, Supreme Court precedent, and historical practice for guidance, or evaluate the expertise and strategic incentives of Congress, the President, and the courts. For these scholars, the inquiry exclusively centers on domestic, internal constraints on the President. But this analysis is incomplete. Determination of the appropriate level of deference has consequences for how the President can pursue U.S. interests abroad. If the United States wants to be successful in achieving its …


Copyright In Teams, Andres Sawicki, Anthony Casey Jan 2013

Copyright In Teams, Andres Sawicki, Anthony Casey

Articles

No abstract provided.


International Law And The Limits Of Macroeconomic Cooperation, Eric A. Posner, Alan O. Sykes Jan 2013

International Law And The Limits Of Macroeconomic Cooperation, Eric A. Posner, Alan O. Sykes

Articles

No abstract provided.


Jurisdiction And Constitutional Crisis, William Baude Jan 2013

Jurisdiction And Constitutional Crisis, William Baude

Articles

No abstract provided.


Rethinking The Federal Eminent Domain Power, William Baude Jan 2013

Rethinking The Federal Eminent Domain Power, William Baude

Articles

It is black-letter law that the federal government has the power to take land through eminent domain. This modern understanding, however, is a complete departure from the Constitution’s historical meaning. From the Founding until the Civil War, the federal government was thought to have an eminent domain power only within the District of Columbia and the territories—but not within states. Politicians and judges (including in two Supreme Court decisions) repeatedly denied the existence of such a power, and when the federal government did need to take land, it relied on state cooperation to do so. People during this period refused …


Harmonization, Preferences, And The Calculus Of Consent In Commercial And Other Law, Saul Levmore Jan 2013

Harmonization, Preferences, And The Calculus Of Consent In Commercial And Other Law, Saul Levmore

Articles

No abstract provided.


Can Technological Innovation Survive Government Regulation?, Richard A. Epstein Jan 2013

Can Technological Innovation Survive Government Regulation?, Richard A. Epstein

Articles

No abstract provided.


Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton Jan 2013

Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton

Articles

International lawyers are familiar with the concept of extraterritoriality the application of one country's laws to persons, conduct, or relationships outside of that country. Yet the transborder application of law is not limited to international cases. In many states, the presence of indigenous peoples, often within defined borders, creates an analogous puzzle. This Article begins a comparative study of foreign-and native-affairs law by examining the application of domestic laws to foreign facts ("extraterritoriality") and to indigenous peoples, often called "nations" ("extranationality"). Using a distinctive double-comparative perspective, this Article analyzes extraterritoriality and extranationality across three countries: the United States, Canada, and …


Free Trade And Free Immigration: Why Domestic Competitive Injury Should Never Influence Government Policy, Richard A. Epstein Jan 2013

Free Trade And Free Immigration: Why Domestic Competitive Injury Should Never Influence Government Policy, Richard A. Epstein

Articles

No abstract provided.


Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons Jan 2013

Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons

Articles

No abstract provided.


Harmonization, Heterogeneity And Regulation: Cesl, The Lost Opportunity For Constructive Harmonization, Richard A. Epstein Jan 2013

Harmonization, Heterogeneity And Regulation: Cesl, The Lost Opportunity For Constructive Harmonization, Richard A. Epstein

Articles

No abstract provided.


How Business Fares In The Supreme Court, Richard A. Posner, Lee Epstein, William M. Landes Jan 2013

How Business Fares In The Supreme Court, Richard A. Posner, Lee Epstein, William M. Landes

Articles

No abstract provided.


Immigration Law And Institutional Design, Adam B. Cox, Richard A. Epstein, Eric A. Posner Jan 2013

Immigration Law And Institutional Design, Adam B. Cox, Richard A. Epstein, Eric A. Posner

Articles

No abstract provided.


Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner Jan 2013

Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner

Articles

No abstract provided.


Introduction, Richard A. Posner, Eric A. Posner, Adam B. Cox Jan 2013

Introduction, Richard A. Posner, Eric A. Posner, Adam B. Cox

Articles

No abstract provided.


Introduction: A Law And Economics Approach To European Contract Law, Omri Ben-Shahar Jan 2013

Introduction: A Law And Economics Approach To European Contract Law, Omri Ben-Shahar

Articles

No abstract provided.


Judicial Opinions And Appellate Advocacy In Federal Courts - One Judge's Views, Richard A. Posner Jan 2013

Judicial Opinions And Appellate Advocacy In Federal Courts - One Judge's Views, Richard A. Posner

Articles

No abstract provided.


Judicial Review And The Law Of Nature, Richard H. Helmholz Jan 2013

Judicial Review And The Law Of Nature, Richard H. Helmholz

Articles

No abstract provided.


Just Enough, Lee Anne Fennell Jan 2013

Just Enough, Lee Anne Fennell

Articles

No abstract provided.


Litigation As A Measure Of Well-Being, Sital Kalantry, Theodore Eisenberg, Nick Robinson Jan 2013

Litigation As A Measure Of Well-Being, Sital Kalantry, Theodore Eisenberg, Nick Robinson

Articles

No abstract provided.


On The Interpretability Of Law: Lessons From The Decoding Of National Constitutions, Tom Ginsburg, James Melton, Zachary Elkins, Kalev Leetaru Jan 2013

On The Interpretability Of Law: Lessons From The Decoding Of National Constitutions, Tom Ginsburg, James Melton, Zachary Elkins, Kalev Leetaru

Articles

No abstract provided.