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Articles 1291 - 1320 of 39938

Full-Text Articles in Law

Regulatory Review In Anti-Regulatory Times, Daniel A. Farber Aug 2019

Regulatory Review In Anti-Regulatory Times, Daniel A. Farber

Daniel A Farber

This article investigates the role of cost-benefit analysis during an antiregulatory period. The period since 2016 has seen several new developments, including the first vigorous use by Congress of its power to overturn recently issued regulations and the creation of novel deregulatory mechanisms layered on top of cost-benefit analysis. This period also contains important examples of sharply reversed CBAs, in which regulations that were said to have large net benefits under Obama are instead said to have net costs under Trump. The Trump Administration’s regulatory review initiatives focus heavily on costs, with limited attention to benefits. Case studies of three …


Poverty, Earnings, And Discrimination, Daniel A. Farber Aug 2019

Poverty, Earnings, And Discrimination, Daniel A. Farber

Daniel A Farber

No abstract provided.


Poverty And Discrimination: Notes On American Apartheid, Daniel A. Farber Aug 2019

Poverty And Discrimination: Notes On American Apartheid, Daniel A. Farber

Daniel A Farber

No abstract provided.


Murray's Modest Proposal--Abolishing Welfare And Affirmative Action, Daniel A. Farber Aug 2019

Murray's Modest Proposal--Abolishing Welfare And Affirmative Action, Daniel A. Farber

Daniel A Farber

No abstract provided.


Legislative Deals And Statutory Bequests, Daniel A. Farber Aug 2019

Legislative Deals And Statutory Bequests, Daniel A. Farber

Daniel A Farber

No abstract provided.


Is The Radical Critique Of Merit Anti-Semitic?, Suzanna Sherry, Daniel A. Farber Aug 2019

Is The Radical Critique Of Merit Anti-Semitic?, Suzanna Sherry, Daniel A. Farber

Daniel A Farber

Conventional concepts of merit are under attack by some Critical Legal Scholars, Critical Race Theorists, and radical feminists. These critics contend that "merit" is only a social construct designed to maintain the power of dominant groups. This Article challenges the reductionist view that merit has no meaning except as a tool for those in power to perpetuate the existing social order. The authors observe that certain traditionally oppressed groups, most notably Jews and Asian Americans, are disproportionately represented in some desirable economic and educational positions. They have in that sense "succeeded" beyond the supposedly dominant majority. The economic and educational …


Is The Supreme Court Irrelevant--Reflections On The Judicial Role In Environmental Law, Daniel A. Farber Aug 2019

Is The Supreme Court Irrelevant--Reflections On The Judicial Role In Environmental Law, Daniel A. Farber

Daniel A Farber

No abstract provided.


Liberalism Lost. Book Review Of: The Trouble With Principle. By Stanley Fish, Daniel A. Farber Aug 2019

Liberalism Lost. Book Review Of: The Trouble With Principle. By Stanley Fish, Daniel A. Farber

Daniel A Farber

No abstract provided.


In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey Aug 2019

In The Shadow Of The Legislature: The Common Law In The Age Of The New Public Law, Daniel A. Farber, Philip P. Frickey

Daniel A Farber

In this essay, we explore how modem common law judges should view their role vis-a-vis the legislature. We suggest that the perspective of the "New Public Law," as we conceptualize it, is surprisingly helpful in considering this problem.

In Part I, we briefly summarize two important aspects of the New Public Law: republicanism and public choice. We then address an obvious objection to our project - that our topic relates to private law, and is therefore outside the purview of the New Public Law. Part II turns to important questions about the relationship between statutes and the common law: When …


Legal Pragmatism And The Constitution, Daniel A. Farber Aug 2019

Legal Pragmatism And The Constitution, Daniel A. Farber

Daniel A Farber

No abstract provided.


Justice Harlan And The First Amendment., Daniel A. Farber, John E. Nowak Aug 2019

Justice Harlan And The First Amendment., Daniel A. Farber, John E. Nowak

Daniel A Farber

No abstract provided.


Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber Aug 2019

Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber

Daniel A Farber

No abstract provided.


Editors' Preface, Daniel A. Farber, David P. Bryden Aug 2019

Editors' Preface, Daniel A. Farber, David P. Bryden

Daniel A Farber

No abstract provided.


Earthquakes And Tremors In Statutory Interpretation: An Empirical Study Of The Dynamics Of Interpretation, Daniel A. Farber Aug 2019

Earthquakes And Tremors In Statutory Interpretation: An Empirical Study Of The Dynamics Of Interpretation, Daniel A. Farber

Daniel A Farber

No abstract provided.


E Pluribus Unum? Book Review Of: States' Rights And The Union: Imperium In Imperio, 1776-1876. By Forrest Mcdonald, Daniel A. Farber Aug 2019

E Pluribus Unum? Book Review Of: States' Rights And The Union: Imperium In Imperio, 1776-1876. By Forrest Mcdonald, Daniel A. Farber

Daniel A Farber

E Pluribus Unum? Book review of: States' rights and the Union: Imperium in Imperio, 1776-1876. By Forrest McDonald. University Press of Kansas. 2000. Pp. vii, 296.


Conflicting Visions And Contested Baselines: Intellectual Property And Free Speech In The "Digital Millennium", Daniel A. Farber Aug 2019

Conflicting Visions And Contested Baselines: Intellectual Property And Free Speech In The "Digital Millennium", Daniel A. Farber

Daniel A Farber

No abstract provided.


Building Bridges Over Troubled Waters: Eco-Pragmatism And The Environmental Prospect, Daniel A. Farber Aug 2019

Building Bridges Over Troubled Waters: Eco-Pragmatism And The Environmental Prospect, Daniel A. Farber

Daniel A Farber

No abstract provided.


Climate Justice And The China Fallacy, Daniel A. Farber Aug 2019

Climate Justice And The China Fallacy, Daniel A. Farber

Daniel A Farber

No abstract provided.


California's "Social Content" Guidelines For Textbooks, Daniel A. Farber, David P. Bryden Aug 2019

California's "Social Content" Guidelines For Textbooks, Daniel A. Farber, David P. Bryden

Daniel A Farber

Includes copy of: Standards for evaluation of instructional materials with respect to social content, 1982 edition, prepared by the Curriculum Frameworks and Instructional Materials Unit, California State Department of Education


But Cf. ..., Daniel A. Farber, David P. Bryden Aug 2019

But Cf. ..., Daniel A. Farber, David P. Bryden

Daniel A Farber

No abstract provided.


But Cf. ..., Daniel A. Farber, David P. Bryden Aug 2019

But Cf. ..., Daniel A. Farber, David P. Bryden

Daniel A Farber

No abstract provided.


Book Review: The Federalist Papers And The New Institutionalism. By Bernard Grofman And Donald Wittman, Eds., Daniel A. Farber Aug 2019

Book Review: The Federalist Papers And The New Institutionalism. By Bernard Grofman And Donald Wittman, Eds., Daniel A. Farber

Daniel A Farber

Book review: The Federalist Papers and the New Institutionalism. By Bernard Grofman and Donald Wittman, eds. New York: Agathon Press. 1989. Pp. 296. Reviewed by: Daniel A. Farber.


Back To The Future? Legal Scholarship In The Progressive Era And Today, Daniel A. Farber Aug 2019

Back To The Future? Legal Scholarship In The Progressive Era And Today, Daniel A. Farber

Daniel A Farber

No abstract provided.


Book Review: Ideals, Beliefs, Attitudes And The Law: Private Law Perspectives On A Public Law Problem. By Guido Calabresi., Daniel A. Farber Aug 2019

Book Review: Ideals, Beliefs, Attitudes And The Law: Private Law Perspectives On A Public Law Problem. By Guido Calabresi., Daniel A. Farber

Daniel A Farber

Book review: Ideals, Beliefs, Attitudes and the Law: Private Law Perspectives on a Public Law Problem. By Guido Calabresi. Syracuse, N.Y.: Syracuse University Press. 1985. Pp. 208. Reviewed by: Daniel A. Farber.


Book Review: Equality Under The Constitution: Reclaiming The Fourteenth Amendment. By Judith A. Baer, Daniel A. Farber Aug 2019

Book Review: Equality Under The Constitution: Reclaiming The Fourteenth Amendment. By Judith A. Baer, Daniel A. Farber

Daniel A Farber

Book review: Equality Under the Constitution: Reclaiming the Fourteenth Amendment. By Judith A. Baer. * Ithaca: Cornell University Press. 1983. Pp. 308, reviewed by Daniel A. Farber.


Book Review: Free Speech In Its Forgotten Years. By David M. Rabban, Daniel A. Farber Aug 2019

Book Review: Free Speech In Its Forgotten Years. By David M. Rabban, Daniel A. Farber

Daniel A Farber

Book review: Free Speech in Its Forgotten Years. By David M. Rabban. Cambridge University Press. 1997. Pp. xi, 404. Reviewed by: Daniel A. Farber


Beyond All Criticism, Daniel A. Farber, Suzanna Sherry Aug 2019

Beyond All Criticism, Daniel A. Farber, Suzanna Sherry

Daniel A Farber

No abstract provided.


Adjudication Of Things Past: Reflections On History As Evidence, Daniel A. Farber Aug 2019

Adjudication Of Things Past: Reflections On History As Evidence, Daniel A. Farber

Daniel A Farber

No abstract provided.


Book Notes: The Urban Underclass. By Christopher Jencks And Paul E. Peterson., Daniel A. Farber Aug 2019

Book Notes: The Urban Underclass. By Christopher Jencks And Paul E. Peterson., Daniel A. Farber

Daniel A Farber

Book notes: The Urban Underclass. By Christopher Jencks and Paul E. Peterson. Brookings Institution: Washington, D.C. 1991. Reviewed by: Daniel A. Farber.


Book Review: Black Faces, Black Interests: The Representation Of African Americans In Congress. By Carol M. Swain., Daniel A. Farber Aug 2019

Book Review: Black Faces, Black Interests: The Representation Of African Americans In Congress. By Carol M. Swain., Daniel A. Farber

Daniel A Farber

Book review: Black Faces, Black Interests: The Representation of African Americans in Congress. By Carol M. Swain. Cambridge, Mass.: Harvard University Press. 1993. Pp. xii, 275. Reviewed by: Daniel A. Farber.