Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Advice & consent resolutions (1)
- Antitrust law & policy (1)
- Chicago & Harvard Schools (1)
- Civil rights law (1)
- Competition (1)
-
- Conceptual & rhetorical framing (1)
- Consumer welfare (1)
- Craig Konnoth (1)
- Discrimination (1)
- Economic efficiency (1)
- Economic theory (1)
- Empiricism (1)
- Equal protection (1)
- Foreign relations & constitutional law (1)
- Harm (1)
- Health law (1)
- Health policy (1)
- Individual vs. structural remedies (1)
- Inequality (1)
- Intellectual history (1)
- Medicalization (1)
- Policy feedback (1)
- Political economy (1)
- Price theory (1)
- Separation & distribution of foreign affairs powers (1)
- Treaty formation & withdrawal (1)
- Treaty rejoining (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman
How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman
All Faculty Scholarship
This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.
This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting in medical rights-seeking. …
Rejoining Treaties, Jean Galbraith
Rejoining Treaties, Jean Galbraith
All Faculty Scholarship
Historical practice supports the conclusion that the President can unilaterally withdraw the United States from treaties which an earlier President joined with the advice and consent of two-thirds of the Senate, at least as long as this withdrawal is consistent with international law. This Article considers a further question that to date is deeply underexplored. This is: does the original Senate resolution of advice and consent to a treaty remain effective even after a President has withdrawn the United States from a treaty? I argue that the answer to this question is yes, except in certain limited circumstances. This answer …
The Post-Chicago Antitrust Revolution: A Retrospective, Christopher S. Yoo
The Post-Chicago Antitrust Revolution: A Retrospective, Christopher S. Yoo
All Faculty Scholarship
A symposium examining the contributions of the post-Chicago School provides an appropriate opportunity to offer some thoughts on both the past and the future of antitrust. This afterword reviews the excellent papers with an eye toward appreciating the contributions and limitations of both the Chicago School, in terms of promoting the consumer welfare standard and embracing price theory as the preferred mode of economic analysis, and the post-Chicago School, with its emphasis on game theory and firm-level strategic conduct. It then explores two emerging trends, specifically neo-Brandeisian advocacy for abandoning consumer welfare as the sole goal of antitrust and the …