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Articles 9661 - 9690 of 19880
Full-Text Articles in Entire DC Network
Enforcing Bargains In An Ongoing Marriage, Mary Anne Case
Enforcing Bargains In An Ongoing Marriage, Mary Anne Case
Articles
No abstract provided.
The Creditors' Bargain And Option-Preservation Priority In Chapter 11, Anthony Casey
The Creditors' Bargain And Option-Preservation Priority In Chapter 11, Anthony Casey
Articles
Corporate reorganization under Chapter 11 of the Bankruptcy Code is built on the foundation of the absolute priority rule, which requires that senior creditors be paid in full before any value can be distributed to junior creditors. The standard law and economics understanding is that absolute priority follows inevitably from the "creditors' bargain" model. That model tells us that the optimal system of reorganization must respect nonbankruptcy contract rights while maximizing the expected value of assets in bankruptcy. The conventional wisdom is that absolute priority fits this bill as the singular way of protecting creditors' nonbankruptcy contract rights. But what …
The Constitutional Paradox Of The Durbin Amendment: How Monopolies Are Offered Constitutional Protections Denied To Competitive Firms, Richard A. Epstein
The Constitutional Paradox Of The Durbin Amendment: How Monopolies Are Offered Constitutional Protections Denied To Competitive Firms, Richard A. Epstein
Articles
The Durbin Amendment is the first of the major provisions of the Dodd-Frank Act to have been implemented-but only after it withstood a constitutional challenge on the basis of the Takings Clause in the U.S. Court of Appeals for the Eighth Circuit. Now that the Amendment has taken effect, this Article addresses the false economic logic that led to its passage and the dubious arguments used to sustain its constitutionality. On the first issue, the supporters of the Durbin Amendment denounced the highly effective debit card system as a form of cartelization of the industry, which yields excessive returns to …
Of Pleading And Discovery: Reflections On Twombly And Iqbal With Special Reference To Antitrust, Richard A. Epstein
Of Pleading And Discovery: Reflections On Twombly And Iqbal With Special Reference To Antitrust, Richard A. Epstein
Articles
This Essay explores the evolving influence of Twombly and Iqbal on modern antitrust litigation. The author argues that any proposed statutory repudiation of Twombly and Iqbal is premature. He also develops a model that calls for a periodic reevaluation of the overall strength of a plaintiffs case to see if a final motion dismissing the case or some part thereof is appropriate before discovery runs its course. That approach should be followed in a limited number of big cases. The key to the successful judicial administration of discovery is to require that plaintiffs gather publicly available information in order to …
Citizens United V. Fec: The Constitutional Right That Big Corporations Should Have But Do Not Want, Richard A. Epstein
Citizens United V. Fec: The Constitutional Right That Big Corporations Should Have But Do Not Want, Richard A. Epstein
Articles
No abstract provided.
Branded Versus Generic Competition - A Kind Word For The Branded Drugs, Richard A. Epstein
Branded Versus Generic Competition - A Kind Word For The Branded Drugs, Richard A. Epstein
Articles
No abstract provided.
Book Review (Reviewing Beth A. Simmons, Mobilizing For Human Rights: International Law In Domestic Politics), Adam S. Chilton
Book Review (Reviewing Beth A. Simmons, Mobilizing For Human Rights: International Law In Domestic Politics), Adam S. Chilton
Articles
No abstract provided.
Beware Of Prods And Pleas: A Defense Of The Conventional Views On Tort And Administrative Law In The Context Of Global Warming, Richard A. Epstein
Beware Of Prods And Pleas: A Defense Of The Conventional Views On Tort And Administrative Law In The Context Of Global Warming, Richard A. Epstein
Articles
No abstract provided.
The Protection Of 'Hot News': Putting Balganesh’S 'Enduring Myth' About International New Service V. Associated Press In Perspective, Richard A. Epstein
The Protection Of 'Hot News': Putting Balganesh’S 'Enduring Myth' About International New Service V. Associated Press In Perspective, Richard A. Epstein
Articles
No abstract provided.
The Signaling Function Of Religious Speech In Domestic Counterterrorism, Aziz Huq
The Signaling Function Of Religious Speech In Domestic Counterterrorism, Aziz Huq
Articles
A wave of attempted domestic terrorism attacks in 2009 and 2010 has sharpened attention to the threat of domestic-source terrorism inspired or directed by al Qaeda. Seeking to preempt that terror, governments face an information problem. They must separate signals of terrorism risk from potentially overwhelming background noise and persuade juries or fact finders that those signals warrant coercive action. Selection of accurate signals of terrorism danger in the information-poor circumstances of domestic counterterrorism is arguably a central challenge today for law enforcement tasked with preventing further terrorist attacks. To an underappreciated extent, governments have used religious speech as a …
Present Bias And Criminal Law, Richard H. Mcadams
Present Bias And Criminal Law, Richard H. Mcadams
Articles
Although "present bias" (or weakness of will, impulsiveness, myopia, or bounded willpower) was flagged as an issue for legal examination by Tom Ulen and Russell Korobkin over a decade ago, the concept has received insufficient attention in the legal field-and most of that attention has focused on its implications for the regulation of credit and savings. But, as demonstrated by this Article, the inconsistency of time preferences has wider implications, especially for criminal law. First, present bias may have significant implications for the general deterrence of crime. Individuals with time-inconsistent preferences may give in to immediate temptations to offend, even …
The Interstate Commerce Act And The Sherman Act: Playing Railroad Tycoon, Randal C. Picker
The Interstate Commerce Act And The Sherman Act: Playing Railroad Tycoon, Randal C. Picker
Articles
No abstract provided.
The Razors-And-Blades Myth(S), Randal C. Picker
The Razors-And-Blades Myth(S), Randal C. Picker
Articles
The razors-and-blades story offers a foundational understanding of a key area of economics and strategy: invest in an installed base by selling the razor handles at low prices or even giving them away, then sell the razor blades at high prices to justify the prior investment. Large chunks of modern technological life-from VCRs and DVD players to video game systems like the Xbox and now e-book readers-seem to operate subject to the same dynamics of razors-and-blades. The actual history of razors-and-blades is much richer than the standard story suggests. At the point that Gillette could most readily have played the …
Climate Regulation And The Limits Of Cost-Benefit Analysis, Jonathan Masur, Eric A. Posner
Climate Regulation And The Limits Of Cost-Benefit Analysis, Jonathan Masur, Eric A. Posner
Articles
Over the past two years U.S. regulatory agencies have issued fourteen regulations that take into account the effect of industrial activities and products on the global climate. The regulatory activity so far has already set precedents on which future regulation will rest. Yet despite the potentially momentous consequences, it has received no comment in the law review literature. This Article examines the record of these agencies and criticizes the methods they have used to calculate the social cost of carbon emissions. We also develop a larger theme about the relationship between cost-benefit analysis and politics. The best case for cost-benefit …
Efficient Breach Of International Law: Optimal Remedies, Legalized Noncompliance, And Related Issues, Eric A. Posner, Alan O. Sykes
Efficient Breach Of International Law: Optimal Remedies, Legalized Noncompliance, And Related Issues, Eric A. Posner, Alan O. Sykes
Articles
In much of the scholarly literature on international law, there is a tendency to condemn violations of the law and to leave it at that. If all violations of international law were indeed undesirable, this tendency would be unobjectionable. We argue in this Article, however that a variety of circumstances arise under which violations of international law are desirable from an economic standpoint. The reasons why are much the same as the reasons why nonperformance of private contracts is sometimes desirable- the concept of "efficient breach," familiar to modern students of contract law, has direct applicability to international law. As …
Comment On Merrill On The Law Of Waste, Richard A. Posner
Comment On Merrill On The Law Of Waste, Richard A. Posner
Articles
No abstract provided.
Electoral Exceptionalism And The First Amendment: A Road Paved With Good Intentions, Geoffrey R. Stone
Electoral Exceptionalism And The First Amendment: A Road Paved With Good Intentions, Geoffrey R. Stone
Articles
No abstract provided.
Secrecy And Self-Governance, Geoffrey R. Stone
Do We Have A Living Constitution?, David A. Strauss
Summary Judgment And The Law Of Unintended Consequences, Diane P. Wood
Summary Judgment And The Law Of Unintended Consequences, Diane P. Wood
Articles
No abstract provided.
Rethinking The Interest-Convergence Thesis, Justin Driver
Rethinking The Interest-Convergence Thesis, Justin Driver
Articles
No abstract provided.
Signing Unconstitutional Laws, William Baude
Signing Unconstitutional Laws, William Baude
Articles
It has become fairly common for Presidents to sign laws that they think are unconstitutional, at least in part. Some scholars argue that this is unconstitutional. Others defend it, but on pragmatic grounds, as if one cannot afford to be a constitutional formalist in today’s government. Both sides are wrong. In a wide range of cases, there is nothing wrong with signing unconstitutional laws. Indeed, it is required. Yet the President must exercise this power responsibly. He must have other constitutional duties that justify signing the remainder of the bill into law, and he must be prepared to use his …
The Flaws Of Foreign Affairs Legalism, Daniel Abebe, Eric A. Posner
The Flaws Of Foreign Affairs Legalism, Daniel Abebe, Eric A. Posner
Articles
Foreign affairs legalism, the dominant approach in academic scholarship on foreign relations law, holds that courts should abandon their traditional deference to the executive in foreign relations, and that courts and Congress should take a more activist role in foreign relations than they have in the past. Foreign affairs legalists believe that greater judicial involvement in foreign relations would curb executive abuses and promote adherence to international law. This Article argues that foreign affairs legalism rests on implausible assumptions about the incentives and capacities of courts. In U.S. history, the executive has given more support to international law than the …
Eavesdropping On The Vox Populi (Reviewing Pauline Maier, Ratification: The People Debate The Constitution, 1787- 1788 (2010) & Jack Rakove, Revolutionaries: A New History Of The Invention Of America (2010)), Alison Lacroix
Articles
Eavesdropping on the Vox Populi (reviewing Pauline Maier, Ratification: The People Debate the Constitution, 1787- 1788 (2010) & Jack Rakove, Revolutionaries: A New History of The Invention of America (2010))
Do Accounting Rules Matter? - The Dangerous Allure Of Mark To Market, Richard A. Epstein, M. Todd Henderson
Do Accounting Rules Matter? - The Dangerous Allure Of Mark To Market, Richard A. Epstein, M. Todd Henderson
Articles
This Article examines the relative strength of two imperfect accounting rules: historical cost and mark to market. The manifest inaccuracy of historical cost is well known and, paradoxically, one source of its hidden strength. Because private parties know of its evident weaknesses, they look elsewhere for information. In contrast, mark to market for hard-to-value assets has many hidden weaknesses. In this Article we show how it creates asset bubbles and exacerbates their negative collateral consequences once they burst. It does the former by allowing banks to adopt generous valuations in up-markets that increase their lending capacity. It does the latter …
Questioning The Frequency And Wisdom Of Compulsory Licensing For Pharmaceutical Patents, Richard A. Epstein, F. Scott Kieff
Questioning The Frequency And Wisdom Of Compulsory Licensing For Pharmaceutical Patents, Richard A. Epstein, F. Scott Kieff
Articles
Many advocates for using compulsory licensing (CL) for pharmaceutical patents in developing countries like Thailand rest their case in part on the purported use of CL in the United States. In this Article we take issue with that proposition on several grounds. As a textual matter, the "commercially reasonable terms" language in Article 31 of TRIPS, even when qualified by the Doha declaration, prevents any host nation from using whatever royalties it wants in its CL arrangements, especially those that are below marginal cost. As a theoretical matter, we argue that the basic presumption in favor of voluntary licenses for …
Plain Meaning In Context: Can Law Survive Its Own Language?, Richard A. Epstein
Plain Meaning In Context: Can Law Survive Its Own Language?, Richard A. Epstein
Articles
No abstract provided.
Detention And Deportation With Inadequate Due Process: The Devastating Consequences Of Juvenile Involvement With Law Enforcement For Immigrant Youth, Elizabeth Frankel
Detention And Deportation With Inadequate Due Process: The Devastating Consequences Of Juvenile Involvement With Law Enforcement For Immigrant Youth, Elizabeth Frankel
Articles
No abstract provided.
An Economic Interpretation Of The Pashtunwali, Tom Ginsburg
An Economic Interpretation Of The Pashtunwali, Tom Ginsburg
Articles
No abstract provided.
Building Reputation In Constitutional Courts: Political And Judicial Audiences, Tom Ginsburg, Nuno Garoupa
Building Reputation In Constitutional Courts: Political And Judicial Audiences, Tom Ginsburg, Nuno Garoupa
Articles
No abstract provided.