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Articles 9031 - 9060 of 19940
Full-Text Articles in Entire DC Network
Dialogue With Federal Judges On The Role Of History In Interpretation, Frank H. Easterbrook, Brett M. Kavanaugh, Charles F. Lettow, Amanda L. Tyler
Dialogue With Federal Judges On The Role Of History In Interpretation, Frank H. Easterbrook, Brett M. Kavanaugh, Charles F. Lettow, Amanda L. Tyler
Articles
No abstract provided.
Efficient Enforcement In International Law, Omri Ben-Shahar, Anu Bradford
Efficient Enforcement In International Law, Omri Ben-Shahar, Anu Bradford
Articles
Enforcement is a fundamental challenge for international law. Sanctions are costly to impose, difficult to coordinate, and often ineffective at accomplishing their goals. Rewards are likewise costly and domestically unpopular. Thus, efforts to address pressing international problems-such as reversing climate change and coordinating monetary policy-often fall short. This Article offers a novel approach to international enforcement and demonstrates the advantages of such an approach over traditional sanctions or rewards. It develops a mechanism of Reversible Rewards, which combines sticks and carrots in a unique, previously unexplored way. Reversible Rewards require that a sum of money be offered as a reward …
Outsourcing Regulation: How Insurance Reduces Moral Hazard, Omri Ben-Shahar, Kyle D. Logue
Outsourcing Regulation: How Insurance Reduces Moral Hazard, Omri Ben-Shahar, Kyle D. Logue
Articles
This Article explores the potential value of insurance as a substitute for government regulation of safety. Successful regulation of behavior requires information in setting standards, licensing conduct, verifying outcomes, and assessing remedies. In various areas, the private insurance sector has technological advantages in collecting and administering the information relevant to setting standards and could outperform the government in creating incentives for optimal behavior We explore several areas that are regulated more by private insurance than by government. In those areas, the role of the law diminishes to the administration of simple rules of absolute liability or no liability, and affected …
The Gap In Law Between Developmental Expectations And Educational Obligations, Emily Buss
The Gap In Law Between Developmental Expectations And Educational Obligations, Emily Buss
Articles
No abstract provided.
Mind Control: Firms And The Production Of Ideas, Anthony Casey
Mind Control: Firms And The Production Of Ideas, Anthony Casey
Articles
No abstract provided.
The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein
The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein
Articles
No abstract provided.
The Constitutional Conservatism Of The Warren Court, Justin Driver
The Constitutional Conservatism Of The Warren Court, Justin Driver
Articles
Scholarly debate about the Warren Court casts a long shadow over modern constitutional law. The essential contours of this debate have now grown exceedingly familiar: where liberal law professors overwhelmingly heap praise upon the Warren Court, conservatives generally heap contempt. Although some liberals have begun contending that the Warren Court overstepped the bounds of judicial propriety, such concessions do not reconfigure the debate's fundamental terms. Conspicuously absent from scholarly discourse to date, however, is a sustained liberal argument contending that the Warren Court made substantial mistakes-not by going excessively far, but by going insufficiently far in its constitutional interpretations. This …
Executive Foreign Policy And The States: Recent Developments, Zachary D. Clopton
Executive Foreign Policy And The States: Recent Developments, Zachary D. Clopton
Articles
No abstract provided.
Options For Owners And Outlaws, Lee Anne Fennell
Equality, Procedural Justice, And The World Trade Organization, Adam S. Chilton, Ryan W. Davis
Equality, Procedural Justice, And The World Trade Organization, Adam S. Chilton, Ryan W. Davis
Articles
No abstract provided.
From Page To Practice: Corporations As Progressive Actors, Genevieve Lakier, Amalea Smirniotopoulos
From Page To Practice: Corporations As Progressive Actors, Genevieve Lakier, Amalea Smirniotopoulos
Articles
No abstract provided.
The Doctrinal Paradox & International Law, Adam S. Chilton, Dustin Tingley
The Doctrinal Paradox & International Law, Adam S. Chilton, Dustin Tingley
Articles
No abstract provided.
Book Review (Reviewing Charles R. Beitz, The Idea Of Human Rights), Adam S. Chilton
Book Review (Reviewing Charles R. Beitz, The Idea Of Human Rights), Adam S. Chilton
Articles
No abstract provided.
Aggregation And Law, Ariel Porat, Eric A. Posner
Aggregation And Law, Ariel Porat, Eric A. Posner
Articles
If a plaintiff brings two claims, each with a 0.4 probability of being valid, the plaintiff will usually lose, even if the claims are based on independent events, and thus the probability of at least one of the claims being valid is 0.64. If a plaintiff brings two independent claims, and neither of them alleges misconduct sufficient to justify a remedy, the plaintiff will usually lose, even if the claims jointly allege sufficient wrongdoing to justify a remedy. Thus, as a general rule, courts refuse to engage in what we call factual aggregation (the first case) and normative aggregation (the …
Judicial Takings Or Due Process?, Lior Strahilevitz, Eduardo Peñalver
Judicial Takings Or Due Process?, Lior Strahilevitz, Eduardo Peñalver
Articles
In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, a plurality of the U.S. Supreme Court concluded that the Takings Clause of the U.S. Constitution prohibits the judiciary from declaring that "what was once an established right of private property no longer exists" unless the property owner in question receives just compensation. In this Article, we delineate the boundaries between a judicial taking and a violation of the Constitution's due process protections. The result is a judicial takings doctrine that is narrower and more coherent than the one suggested by Stop the Beach. Our argument proceeds in …
Unifying Copyright: An Instrumentalist's Response To Shyamkrishna Balganesh, Richard A. Epstein
Unifying Copyright: An Instrumentalist's Response To Shyamkrishna Balganesh, Richard A. Epstein
Articles
No abstract provided.
When To Hold, When To Fold, And When To Reshuffle: The Art Of Decisionmaking On A Multi-Member Court, Diane P. Wood
When To Hold, When To Fold, And When To Reshuffle: The Art Of Decisionmaking On A Multi-Member Court, Diane P. Wood
Articles
This Essay explores the instrumental and normative considerations that prompt judges to publish separate opinions. After discussing the traditions of separate writing in American judicial practice, the author provides a contemporary judge's perspective on the aims of separate opinions and on the cost-benefit analysis that judges invariably undertake when contemplating whether to write a concurrence or dissent. Turning to her own work on the Seventh Circuit, the author then identifies three broad categories of dissents she has penned over the past sixteen years: "principle-based dissents, " "'process-based dissents, " and "accuracy-focused dissents. " The Essay concludes by suggesting that a …
Rethinking Ponzi-Scheme Remedies In And Out Of Bankruptcy, Saul Levmore
Rethinking Ponzi-Scheme Remedies In And Out Of Bankruptcy, Saul Levmore
Articles
No abstract provided.
Deference To The Executive In The United States After September 11: Congress, The Courts, And The Office Of Legal Counsel, Eric A. Posner
Deference To The Executive In The United States After September 11: Congress, The Courts, And The Office Of Legal Counsel, Eric A. Posner
Articles
No abstract provided.
Regulation, Unemployment, And Cost-Benefit Analysis, Jonathan Masur, Eric A. Posner
Regulation, Unemployment, And Cost-Benefit Analysis, Jonathan Masur, Eric A. Posner
Articles
No abstract provided.
Some Skeptical Comments On Beth Simmons's Mobilizing For Human Rights, Eric A. Posner
Some Skeptical Comments On Beth Simmons's Mobilizing For Human Rights, Eric A. Posner
Articles
No abstract provided.
A Heartfelt, Albeit Largely Statistical, Salute To Judge Richard D. Cudahy, Richard A. Posner
A Heartfelt, Albeit Largely Statistical, Salute To Judge Richard D. Cudahy, Richard A. Posner
Articles
This Essay elaborates on Judge Cudahy's distinction as a judge and discusses our relationship and the broader issue of the management of disagreement, particularly ideological disagreement, in an appellate court. The Essay departs from the usual form of tribute essays by organizing its discussion around statistics and focusing on more general issues of judicial performance. These statistics reveal that Judge Cudahy has been an unusually prolific judge, penning separate opinions at a higher rate than his colleagues both nationwide and on the Seventh Circuit. The numbers also reveal that Judge Cudahy 's dissent rate has declined markedly over time. After …
The Rise And Fall Of Judicial Self-Restraint, Richard A. Posner
The Rise And Fall Of Judicial Self-Restraint, Richard A. Posner
Articles
Judicial self-restraint, once a rallying cry for judges and law professors, has fallen on evil days. It is rarely invoked or advocated. This Essay traces the rise and fall of its best-known variant restraint in invalidating legislative action as unconstitutional-as advocated by the "School of Thayer, " consisting of James Bradley Thayer and the influential judges and law professors who claimed to be his followers. The Essay argues, among other things, that both the strength and the weakness of the School was an acknowledged absence of a theory of how to decide a constitutional case. The rise of constitutional theory …
Spatial Diversity, Nicholas Stephanopoulos
Spatial Diversity, Nicholas Stephanopoulos
Articles
Why do Supreme Court opinions denounce some districts as political gerrymanders but say nothing about other superficially similar districts? Why does the Court deem some majority-minority districts unnecessary under the Voting Rights Act, or even unconstitutional, but uphold other apparently analogous districts? This Article introduces a concept - "spatial diversity" - that helps explain these and many other election law oddities. Spatial diversity refers to the variation of a given factor over geographic space. For example, a district with a normal income distribution is spatially diverse, with respect to earnings, if most rich people live in one area and most …
Communities And The California Commission, Nicholas Stephanopoulos
Communities And The California Commission, Nicholas Stephanopoulos
Articles
No abstract provided.
Negligence, Strict Liability, And Responsibility For Climate Change, David A. Weisbach
Negligence, Strict Liability, And Responsibility For Climate Change, David A. Weisbach
Articles
No abstract provided.
Theory And Practice In Antitrust Law: Judge Cudahy's Example, Diane P. Wood
Theory And Practice In Antitrust Law: Judge Cudahy's Example, Diane P. Wood
Articles
When Richard D. Cudahy graduated from the Yale Law School, antitrust law in the United States was at its zenith. The US. Department of Justice was bringing ambitious lawsuits to break up global cartels in all kinds of product markets, and the Supreme Court had condemned a number of restraints between competitors as illegal per se. Times have changed, as this Essay demonstrates. More recently, the Court overruled a ninety-six-year-old rule condemning resale price maintenance as per se illegal, ruling that such arrangements would henceforth be judged by the more nuanced rule of reason. This decision represents the denouement of …
Recognizing Race, Justin Driver
Dialogue With Federal Judges On The Role Of History In Interpretation, Diane P. Wood, Frank H. Easterbrook, Jeffrey S. Sutton, Reena Raggi
Dialogue With Federal Judges On The Role Of History In Interpretation, Diane P. Wood, Frank H. Easterbrook, Jeffrey S. Sutton, Reena Raggi
Articles
No abstract provided.
Law In The Hands Of The Politicians: The Cycles Of American Politics, Richard A. Epstein
Law In The Hands Of The Politicians: The Cycles Of American Politics, Richard A. Epstein
Articles
No abstract provided.