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Articles 61 - 65 of 65
Full-Text Articles in Law
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Zachary Elkins, Tom Ginsburg, Beth A. Simmons
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Zachary Elkins, Tom Ginsburg, Beth A. Simmons
All Faculty Scholarship
This Article examines the adoption of rights in national constitutions in the post-World War II period in light of claims of global convergence. Using a comprehensive database on the contents of the world’s constitutions, we observe a qualified convergence on the content of rights. Nearly every single right has increased in prevalence since its introduction, but very few are close to universal. We show that international rights documents, starting with the Universal Declaration of Human Rights, have shaped the rights menu of national constitutions in powerful ways. These covenants appear to coordinate the behavior of domestic drafters, whether or not …
Alexander's Genius, Mitchell N. Berman
Pragmatic Rationality And Risk, Claire Oakes Finkelstein
Pragmatic Rationality And Risk, Claire Oakes Finkelstein
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Pragmatic theories focus on whether agents fare better acting on the basis of a particular intention or plan, rather than whether this can be justified in terms of the expected utility associated with the plan. This article argues that, while attractive, pragmatic theories have difficulty vindicating the rationality of plans involving an element of risk. In “Assure and Threaten,” David Gauthier noticed this difficulty with respect to deterrent threats. This article argues that the same difficulty exists for assurances involving an element of risk. It then explores whether Pragmatists could solve the shortcomings of their approach by adopting the Chance …
An Optimist's Take On The Decline Of Small-Employer Health Insurance, Allison K. Hoffman
An Optimist's Take On The Decline Of Small-Employer Health Insurance, Allison K. Hoffman
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In their Article, Saving Small-Employer Health Insurance, Amy Monahan and Dan Schwarcz contend that the Patient Protection and Affordable Care Act (“ACA”) could be the death of small-group health insurance by incentivizing many small employers not to offer coverage. While their prediction that the ACA, after implemented, will destabilize the small-group insurance market may prove true, I argue why their prescription that it should be saved is flawed and why we may be better off without small group insurance.
A Theory Of Preferred Stock, William W. Bratton, Michael L. Wachter
A Theory Of Preferred Stock, William W. Bratton, Michael L. Wachter
All Faculty Scholarship
No abstract provided.