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University of Chicago Law School

Articles

1995

Articles 1 - 30 of 65

Full-Text Articles in Law

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner Oct 1995

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner

Articles

No abstract provided.


Hugo Black Among Friends, Dennis J. Hutchinson May 1995

Hugo Black Among Friends, Dennis J. Hutchinson

Articles

No abstract provided.


The Limits Of Lieber, Lawrence Lessig Apr 1995

The Limits Of Lieber, Lawrence Lessig

Articles

No abstract provided.


Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig Feb 1995

Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig

Articles

In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls the …


Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker Jan 1995

Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker

Articles

No abstract provided.


The Regulation Of Social Meaning, Lawrence Lessig Jan 1995

The Regulation Of Social Meaning, Lawrence Lessig

Articles

No abstract provided.


Between Russia And China: Political Reform In Mongolia, Tom Ginsburg Jan 1995

Between Russia And China: Political Reform In Mongolia, Tom Ginsburg

Articles

No abstract provided.


The Internationalization Of Antitrust Law: Options For The Future, Diane P. Wood Jan 1995

The Internationalization Of Antitrust Law: Options For The Future, Diane P. Wood

Articles

No abstract provided.


Introduction, Richard A. Epstein Jan 1995

Introduction, Richard A. Epstein

Articles

No abstract provided.


The Future Of The Student-Edited Law Review, Richard A. Posner Jan 1995

The Future Of The Student-Edited Law Review, Richard A. Posner

Articles

No abstract provided.


Judges' Writing Styles (And Do They Matter?), Richard A. Posner Jan 1995

Judges' Writing Styles (And Do They Matter?), Richard A. Posner

Articles

No abstract provided.


Judicial Biography, Richard A. Posner Jan 1995

Judicial Biography, Richard A. Posner

Articles

No abstract provided.


Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein Jan 1995

Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein

Articles

No abstract provided.


Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein Jan 1995

Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein

Articles

No abstract provided.


Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein Jan 1995

Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein

Articles

No abstract provided.


What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein Jan 1995

What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein

Articles

In this David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Sunstein begins by noting that participants in the civil rights movement were often backward looking and even conservative, invoking commitments from the nation's past and arguing against reliance on the judiciary and the Supreme Court. They stressed above all two time-honored liberal principles: freedom from desperate conditions and opposition to caste. It is wrong to say (as many now do) that the movement was founded on a principle of race neutrality, and also wrong to say (as some now do) that the movement was opposed to …


The Permit Power Meets The Constitution, Richard A. Epstein Jan 1995

The Permit Power Meets The Constitution, Richard A. Epstein

Articles

No abstract provided.


Remembering Walter, Douglas G. Baird Jan 1995

Remembering Walter, Douglas G. Baird

Articles

No abstract provided.


Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein Jan 1995

Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein

Articles

No abstract provided.


On The Expressive Function Of Law, Cass R. Sunstein Jan 1995

On The Expressive Function Of Law, Cass R. Sunstein

Articles

No abstract provided.


Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes Jan 1995

Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes

Articles

No abstract provided.


Judicial Biography: Amicus Curiae, Dennis J. Hutchinson Jan 1995

Judicial Biography: Amicus Curiae, Dennis J. Hutchinson

Articles

No abstract provided.


Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell Jan 1995

Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell

Articles

Autonomy-based theories hold that enforceable contracts require the knowing and voluntary consent of the parties. In defining "knowing" and "voluntary," however, autonomy theorists have paid little attention to the remedy that will be granted if consent is round to be lacking, or to the question of what obligations (if any) will be enforced in place of the unconsented-to contract. In this paper, I expand on Michael Trebilcock's argument that considerations of institutional competence-specifically, the relative ability of courts and private actors to craft acceptable substitute obligations-should sometimes play a key role in defining what counts as "knowing" and "voluntary" consent.


Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case Jan 1995

Disaggregating Gender From Sex And Sexual Orientation: The Effeminate Man In The Law And Feminist Jurisprudence, Mary Anne Case

Articles

No abstract provided.


Two Challenges For Feminist Thought, Richard A. Epstein Jan 1995

Two Challenges For Feminist Thought, Richard A. Epstein

Articles

No abstract provided.


The Costs Of Enforcing Legal Rights, Richard A. Posner Jan 1995

The Costs Of Enforcing Legal Rights, Richard A. Posner

Articles

No abstract provided.


The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter Jan 1995

The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter

Articles

No abstract provided.


Five Theses On Originalism, Cass R. Sunstein Jan 1995

Five Theses On Originalism, Cass R. Sunstein

Articles

No abstract provided.


Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein Jan 1995

Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein

Articles

No abstract provided.


Dolan V. City Of Tigard: Brief Of The Institute For Justice As Amicus Curiae In Support Of Petitioner, Richard A. Epstein, William H. Mellor Iii Jan 1995

Dolan V. City Of Tigard: Brief Of The Institute For Justice As Amicus Curiae In Support Of Petitioner, Richard A. Epstein, William H. Mellor Iii

Articles

No abstract provided.