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Virtual Confrontation: Is Videoconference Testimony By An Unavailable Witness Constitutional?, Matthew J. Tokson
Virtual Confrontation: Is Videoconference Testimony By An Unavailable Witness Constitutional?, Matthew J. Tokson
University of Chicago Law Review
No abstract provided.
The Common Interest Doctrine And Disclosures During Negotiations For Substantial Transactions, Anne King
The Common Interest Doctrine And Disclosures During Negotiations For Substantial Transactions, Anne King
University of Chicago Law Review
No abstract provided.
The Primary Jurisdiction Two-Step, Bryson Santaguida
The Primary Jurisdiction Two-Step, Bryson Santaguida
University of Chicago Law Review
No abstract provided.
"Failure To Pay Any Poll Tax Or Other Tax": The Constitutionality Of Tax Felon Disenfranchisement, Sloan G. Speck
"Failure To Pay Any Poll Tax Or Other Tax": The Constitutionality Of Tax Felon Disenfranchisement, Sloan G. Speck
University of Chicago Law Review
No abstract provided.
Disability And The Social Contract (Reviewing Frontiers Of Justice: Disability, Nationality, Species Membership By Martha C. Nussbaum), Anita Silvers, Michael Ashley Stein
Disability And The Social Contract (Reviewing Frontiers Of Justice: Disability, Nationality, Species Membership By Martha C. Nussbaum), Anita Silvers, Michael Ashley Stein
University of Chicago Law Review
No abstract provided.
The Case For Reviewing Debt/Equity Determinations For Abuse Of Discretion, Nathan R. Christensen
The Case For Reviewing Debt/Equity Determinations For Abuse Of Discretion, Nathan R. Christensen
University of Chicago Law Review
No abstract provided.
Removing Federal Judges, James E. Pfander
Removing Federal Judges, James E. Pfander
University of Chicago Law Review
No abstract provided.
Cultural Environmentalism And "The Wealth Of Networks" (Reviewing The Wealth Of Networks: How Social Production Transforms Markets And Freedom By Yochai Benkler), Brett M. Frischmann
Cultural Environmentalism And "The Wealth Of Networks" (Reviewing The Wealth Of Networks: How Social Production Transforms Markets And Freedom By Yochai Benkler), Brett M. Frischmann
University of Chicago Law Review
No abstract provided.
Dewey And Posner On Pragmatism And Moral Progress, Richard Rorty
Dewey And Posner On Pragmatism And Moral Progress, Richard Rorty
University of Chicago Law Review
No abstract provided.
The Credible Executive, Eric A. Posner, Adrian Vermeule
The Credible Executive, Eric A. Posner, Adrian Vermeule
University of Chicago Law Review
Legal and constitutional theory has focused chiefly on the risk that voters and legislators will trust an ill-motivated executive. This Article addresses the risk that voters and legislators will fail to trust a well-motivated executive. Absent some credible signal of benign motivations, voters will be unable to distinguish good from bad executives and will thus withhold authority that they would have preferred to grant, making all concerned worse off. We suggest several mechanisms with which a well-motivated executive can credibly signal his type, including independent commissions within the executive branch; bipartisanship in appointments to the executive branch, or more broadly …
Changing Name Changing: Framing Rules And The Future Of Marital Names, Elizabeth F. Emens
Changing Name Changing: Framing Rules And The Future Of Marital Names, Elizabeth F. Emens
University of Chicago Law Review
Marital names shape our ideas about marriage, about our children, and about our selves. For about a hundred years, American states required married women to take their husbands' names in order to engage in basic civic activities such as voting. While the law no longer requires women to change their names, it still shapes people's decisions about marital names in both formal and informal ways. For example, the formal legal default rule in most places is that both spouses keep their premarital names. This rule is minoritarian for women, which means it imposes a range of social costs on women …
Booker's Unnoticed Victim: The Importance Of Providing Notice Prior To Sua Sponte Non-Guidelines Sentences, Ilya Beylin
Booker's Unnoticed Victim: The Importance Of Providing Notice Prior To Sua Sponte Non-Guidelines Sentences, Ilya Beylin
University of Chicago Law Review
No abstract provided.
Enforcement Of The Medicaid Act Under 42 Usc § 1983 After Gonzaga University V Doe: The "Dispassionate Lens" Examined, Brian J. Dunne
Enforcement Of The Medicaid Act Under 42 Usc § 1983 After Gonzaga University V Doe: The "Dispassionate Lens" Examined, Brian J. Dunne
University of Chicago Law Review
No abstract provided.
"Our Federal System": States' Susceptibility To Challenge When Applying Federal Affirmative Action Law, Ross R. Fulton
"Our Federal System": States' Susceptibility To Challenge When Applying Federal Affirmative Action Law, Ross R. Fulton
University of Chicago Law Review
No abstract provided.
Legislative Compromise And Tax Transition Policy, Michael Doran
Legislative Compromise And Tax Transition Policy, Michael Doran
University of Chicago Law Review
The extensive literature on legal transitions has formed a general position in favor of establishing a governmental transition policy; the primary debate concerns whether the policy should be one of systematically mitigating or not mitigating transition losses. Arguments on both sides generally have assumed a sharp dichotomy between a substantive legal change and the transition treatment associated with the substantive change. Focusing on federal tax legislation, this Article challenges that assumption and the normative conclusions that it supports. Specifically, this Article identifies compromise as an important component of the tax legislative process and argues that the ability to provide or …
A Functionalist Approach To The Definition Of "Cocaine Base" In § 841, Andrew C. Mac Nally
A Functionalist Approach To The Definition Of "Cocaine Base" In § 841, Andrew C. Mac Nally
University of Chicago Law Review
No abstract provided.
The Cost Of Norms: Tax Effects Of Tacit Understandings, Alex Raskolnikov
The Cost Of Norms: Tax Effects Of Tacit Understandings, Alex Raskolnikov
University of Chicago Law Review
Most human interactions take place in reliance on tacit understandings, customary practices, and other legally unenforceable agreements. A considerable literature studying these informal arrangements (commonly referred to as social norms) has a decidedly positive flavor, arguing that many, if not most, of these norms are welfare enhancing. This Article looks at the less-appreciated darker side of social norms. It combines an analysis of modern sophisticated tax planning techniques with existing empirical studies of commercial relationships to reveal a disturbing connection. By relying on tacit understandings rather than express contractual terms, many taxpayers shift some of their tax liabilities to those …
In Memoriam: Bernard D. Meltzer (1914-2007), Saul Levmore, Robert A. Helman, Douglas G. Baird, Catherine M. Masters
In Memoriam: Bernard D. Meltzer (1914-2007), Saul Levmore, Robert A. Helman, Douglas G. Baird, Catherine M. Masters
University of Chicago Law Review
No abstract provided.
Discounting Dollars, Discounting Lives: Intergenerational Distributive Justice And Efficiency, Louis Kaplow
Discounting Dollars, Discounting Lives: Intergenerational Distributive Justice And Efficiency, Louis Kaplow
University of Chicago Law Review
The view that intergenerational distributive justice and efficiency should be treated separately is familiar, yet controversial. This Article elaborates the often-implicit justifications for separate treatment and provides a more express statement of how and when such treatment is appropriate. Substantial attention is devoted to an approach that holds constant the intra- and intergenerational distribution of well-being, which proves to be a valuable analytical device even for intergenerational policies that are not distribution neutral Also explored are possible interrelationships between intergenerational distributive justice and efficiency, the choice of interest rate for discounting dollars, and how the present approach relates to those …
Statutory Interpretation And Decision Theory (Reviewing Judging Under Uncertainty: An Institutional Theory Of Legal Interpretation By Adrian Vermeule), Caleb Nelson
University of Chicago Law Review
No abstract provided.
Clerks (Reviewing Sorcerers' Apprentices: 100 Years Of Law Clerks At The United States Supreme Court By Artemus Ward, David L. Weiden), Peter B. Rutledge
Clerks (Reviewing Sorcerers' Apprentices: 100 Years Of Law Clerks At The United States Supreme Court By Artemus Ward, David L. Weiden), Peter B. Rutledge
University of Chicago Law Review
No abstract provided.
Temporary Legislation, Jacob E. Gersen
Temporary Legislation, Jacob E. Gersen
University of Chicago Law Review
No abstract provided.
After Howard And Monetta: Is Ignorance Of The Law A Defense To Administrative Liability For Aiding And Abetting Violations Of The Federal Securities Laws?, Alexander P. Robbins
After Howard And Monetta: Is Ignorance Of The Law A Defense To Administrative Liability For Aiding And Abetting Violations Of The Federal Securities Laws?, Alexander P. Robbins
University of Chicago Law Review
No abstract provided.
Discounting ... On Stilts, Douglas A. Kysar
Discounting ... On Stilts, Douglas A. Kysar
University of Chicago Law Review
No abstract provided.
Personal Versus Property Harm And Civil Rico Standing, Patrick Wackerly
Personal Versus Property Harm And Civil Rico Standing, Patrick Wackerly
University of Chicago Law Review
No abstract provided.
Repeat Infringement In The Digital Millennium Copyright Act, Andres Sawicki
Repeat Infringement In The Digital Millennium Copyright Act, Andres Sawicki
University of Chicago Law Review
No abstract provided.
The Secret Refund Booth, Bruce Ackerman, Ian Ayres
The Secret Refund Booth, Bruce Ackerman, Ian Ayres
University of Chicago Law Review
No abstract provided.
Properties Of Concentration, Lee Anne Fennell
Properties Of Concentration, Lee Anne Fennell
University of Chicago Law Review
No abstract provided.
The Civil War Congress, David P. Currie
The Civil War Congress, David P. Currie
University of Chicago Law Review
No abstract provided.
"An Officer Of The House Which Chooses Him, And Nothing More": How Should "Marsh V Chambers" Apply To Rotating Chaplains?, Jeremy G. Mallory
"An Officer Of The House Which Chooses Him, And Nothing More": How Should "Marsh V Chambers" Apply To Rotating Chaplains?, Jeremy G. Mallory
University of Chicago Law Review
No abstract provided.