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Full-Text Articles in Law
Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner
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
The Limits Of Lieber, Lawrence Lessig
Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig
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
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
Between Russia And China: Political Reform In Mongolia, Tom Ginsburg
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
The Internationalization Of Antitrust Law: Options For The Future, Diane P. Wood
Articles
No abstract provided.
Introduction, Richard A. Epstein
The Future Of The Student-Edited Law Review, Richard A. Posner
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
Judges' Writing Styles (And Do They Matter?), Richard A. Posner
Articles
No abstract provided.
Judicial Biography, Richard A. Posner
Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein
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
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
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
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
The Permit Power Meets The Constitution, Richard A. Epstein
Articles
No abstract provided.
Remembering Walter, Douglas G. Baird
Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein
Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein
Articles
No abstract provided.
On The Expressive Function Of Law, Cass R. Sunstein
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Articles
No abstract provided.
Judicial Biography: Amicus Curiae, Dennis J. Hutchinson
Judicial Biography: Amicus Curiae, Dennis J. Hutchinson
Articles
No abstract provided.
Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell
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
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
Two Challenges For Feminist Thought, Richard A. Epstein
Articles
No abstract provided.
The Costs Of Enforcing Legal Rights, Richard A. Posner
The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter
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
Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein
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
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.