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Articles 1 - 9 of 9
Full-Text Articles in Law
Does Duncan Kennedy Wear Boxers Or Briefs? Does Richard Posner Ever Sleep? Writing About Jurisprudence, High Culture And The History Of Intellectuals (Review Essay), John Henry Schlegel
Does Duncan Kennedy Wear Boxers Or Briefs? Does Richard Posner Ever Sleep? Writing About Jurisprudence, High Culture And The History Of Intellectuals (Review Essay), John Henry Schlegel
Book Reviews
Reviewing Neil Duxbury, Patterns of American Jurisprudence(1995).
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
All Faculty Scholarship
In this Article, Professor Fisch assesses currrent retroactivity doctrine and proposes a new framework for retroactivity analysis. Current law has failed to reflect the complexity of defining retroactivity and to harmonize the conflicting concerns of efficiency and fairness that animate retroactivity doctrine. By drawing a sharp distinction between adjudication and legislation, the law has also overlooked the similarity of the issues that retroactivity raises in both contexts. Professor Fisch's analysis, influenced by the legal process school, uses an equilibrium approach to connect retroactivity analysis to theories of legal change. Instead of focusing on the nature of the new legal rule, …
The Utility Of Desert, Paul H. Robinson, John M. Darley
The Utility Of Desert, Paul H. Robinson, John M. Darley
All Faculty Scholarship
The article takes up the debate between utility and desert as distributive principles for criminal liability and punishment and concludes that a utilitarian analysis that takes account of all costs and benefits will support the distribution of liability and punishment according to desert, or at least according to the principles of desert as perceived by the community. It reaches this conclusion after an examination of a variety of recent social science data. On the one hand, it finds the traditional utilitarian theories of deterrence, incapacitation, and rehabilitation to have little effect in many instances. It finds instead that the real …
Comment On Maccormick, William Ewald
Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch
Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank
Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
All Faculty Scholarship
No abstract provided.
An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery
An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery
All Faculty Scholarship
No abstract provided.
Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt
Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt
Faculty Scholarship
This essay addresses two problems in legal theory. What is the nature of rules, especially legal rules? What is the meaning of a legal rule?
My main concern is the relation between these two questions. I inquire whether a sensible view of how rules work commits one to any particular approach to meaning. For this inquiry, I focus on Frederick Schauer's illuminating treatment of rules in Playing by the Rules, which he says is linked to a particular view of meaning. I assert that the linkage is much less tight than he supposes, and that competing theories about meaning are …