Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Chicago Law School

Articles

Series

2005

Articles 31 - 60 of 93

Full-Text Articles in Law

First Circuit Upholds Reprosecution Of Defendant Acquitted In 'Sham' Trial, John Rappaport Jan 2005

First Circuit Upholds Reprosecution Of Defendant Acquitted In 'Sham' Trial, John Rappaport

Articles

No abstract provided.


Credible Coercion, Omri Ben-Shahar, Oren Bar-Gill Jan 2005

Credible Coercion, Omri Ben-Shahar, Oren Bar-Gill

Articles

The ideal of individual freedom and autonomy requires that society provide relief against coercion. In the law, this requirement is often translated into rules that operate "postcoercion" to undo the legal consequences of acts and promises extracted under duress. This Article argues that these ex post antiduress measures, rather than helping the coerced party, might in fact hurt her. When coercion is credible-when a credible threat to inflict an even worse outcome underlies the surrender of the coerced party-ex post relief will only induce the strong party to execute the threatened outcome ex ante, without offering the choice to surrender, …


Pets Or Meat, Mary Anne Case Jan 2005

Pets Or Meat, Mary Anne Case

Articles

No abstract provided.


Foreword: A Political Court, Richard A. Posner Jan 2005

Foreword: A Political Court, Richard A. Posner

Articles

No abstract provided.


Introduction, Richard A. Epstein, Randal C. Picker Jan 2005

Introduction, Richard A. Epstein, Randal C. Picker

Articles

No abstract provided.


Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo Jan 2005

Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo

Articles

No abstract provided.


Judicial Behavior And Performance: An Economic Approach, Richard A. Posner Jan 2005

Judicial Behavior And Performance: An Economic Approach, Richard A. Posner

Articles

No abstract provided.


Guido Calabresi's 'The Costs Of Accidents': A Reassessment, Richard A. Posner Jan 2005

Guido Calabresi's 'The Costs Of Accidents': A Reassessment, Richard A. Posner

Articles

No abstract provided.


Hayek, Law, And Cognition, Richard A. Posner Jan 2005

Hayek, Law, And Cognition, Richard A. Posner

Articles

No abstract provided.


Courting Disaster: Looking For Change In All The Wrong Places, Gerald Rosenberg Jan 2005

Courting Disaster: Looking For Change In All The Wrong Places, Gerald Rosenberg

Articles

No abstract provided.


Why We Need A Federal Reporter's Privilege, Geoffrey R. Stone Jan 2005

Why We Need A Federal Reporter's Privilege, Geoffrey R. Stone

Articles

No abstract provided.


Free Speech In The Age Of Mccarthy: A Cautionary Tale, Geoffrey R. Stone Jan 2005

Free Speech In The Age Of Mccarthy: A Cautionary Tale, Geoffrey R. Stone

Articles

No abstract provided.


Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams Jan 2005

Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams

Articles

No abstract provided.


International Court Of Justice: Voting And Usage Statistics, Eric A. Posner Jan 2005

International Court Of Justice: Voting And Usage Statistics, Eric A. Posner

Articles

No abstract provided.


Irreversible And Catastrophic: Global Warming, Terrorism, And Other Problems Eleventh Annual Lloyd K. Garrison Lecture On Environmental Law, Cass R. Sunstein Jan 2005

Irreversible And Catastrophic: Global Warming, Terrorism, And Other Problems Eleventh Annual Lloyd K. Garrison Lecture On Environmental Law, Cass R. Sunstein

Articles

No abstract provided.


Problems With Minimalism, Cass R. Sunstein Jan 2005

Problems With Minimalism, Cass R. Sunstein

Articles

Much of Justice Sandra Day O'Connor's work on the Supreme Court embodies a commitment to judicial minimalism, understood as a preference for narrow rulings, closely attuned to particular facts. In many contexts, however, that commitment is hard to justify, simply because it imposes severe decisionmaking burdens on others and may well create more, rather than fewer, errors. For this reason, a general preference for minimalism is no more defensible than a general preference for rules. The choice between narrow and wide rulings cannot itself be made by rules or even presumptions; it requires a case-by-case inquiry. The argument is illustrated …


Testing Minimalism: A Reply Correspondence, Cass R. Sunstein Jan 2005

Testing Minimalism: A Reply Correspondence, Cass R. Sunstein

Articles

No abstract provided.


The Uses And Limits Of Local Knowledge: A Cautionary Note On Hayek, Richard A. Epstein Jan 2005

The Uses And Limits Of Local Knowledge: A Cautionary Note On Hayek, Richard A. Epstein

Articles

No abstract provided.


Further Thoughts On The Privileges Or Immunities Clause Of The Fourteenth Amendment, Richard A. Epstein Jan 2005

Further Thoughts On The Privileges Or Immunities Clause Of The Fourteenth Amendment, Richard A. Epstein

Articles

No abstract provided.


The Roman Law Of Cyberconversion, Richard A. Epstein Jan 2005

The Roman Law Of Cyberconversion, Richard A. Epstein

Articles

No abstract provided.


Derivatives And The Bankruptcy Code: Why The Special Treatment?, Edward Morrison, Franklin R. Edwards Jan 2005

Derivatives And The Bankruptcy Code: Why The Special Treatment?, Edward Morrison, Franklin R. Edwards

Articles

The collapse of Long Term Capital Management ("LTCM' in Fall 1998 and the Federal Reserve Bank's subsequent efforts to orchestrate a bailout raise important questions about the structure of the Bankruptcy Code. The Code contains numerous provisions affording special treatment to financial derivatives contracts, the most important of which exempts these contracts from the "automatic stay" and permits counterparties to terminate derivatives contracts with a debtor in bankruptcy and seize underlying collateral. No other counterparty or creditor of the debtor has such freedom; to the contrary, the automatic stay prohibits them from undertaking any act that threatens the debtor's assets. …


Book Review (Reviewing Patricia Marchak, Reigns Of Terror (2004)), Zachary D. Clopton Jan 2005

Book Review (Reviewing Patricia Marchak, Reigns Of Terror (2004)), Zachary D. Clopton

Articles

No abstract provided.


The Regulation Of Interchange Fees: Australian Fine-Tuning Gone Awry, Richard A. Epstein Jan 2005

The Regulation Of Interchange Fees: Australian Fine-Tuning Gone Awry, Richard A. Epstein

Articles

No abstract provided.


Natural Law And Human Rights In English Law: From Bracton To Blackstone, Richard H. Helmholz Jan 2005

Natural Law And Human Rights In English Law: From Bracton To Blackstone, Richard H. Helmholz

Articles

No abstract provided.


Consent, Aesthetics, And The Boundaries Of Sexual Privacy After Lawrence V. Texas, Lior Strahilevitz Jan 2005

Consent, Aesthetics, And The Boundaries Of Sexual Privacy After Lawrence V. Texas, Lior Strahilevitz

Articles

No abstract provided.


Contract And Copyright, Frank H. Easterbrook Jan 2005

Contract And Copyright, Frank H. Easterbrook

Articles

No abstract provided.


Executive Power, The Commander In Chief, And The Militia Clause, Richard A. Epstein Jan 2005

Executive Power, The Commander In Chief, And The Militia Clause, Richard A. Epstein

Articles

No abstract provided.


Property As Entrance, Eduardo Peñalver Jan 2005

Property As Entrance, Eduardo Peñalver

Articles

No abstract provided.


The Case For The Legislative Override, Nicholas Stephanopoulos Jan 2005

The Case For The Legislative Override, Nicholas Stephanopoulos

Articles

What is the optimal arrangement of judicial review? Most scholars who have addressed this question have assumed that there are only two important alternatives: judicial supremacy and parliamentary sovereignty. The literature has neglected the conceptual space that exists between these two poles, in particular the innovative legislative override model. This article describes and evaluates the experiences of the two countries that have adopted the override, Canada and Israel. It also introduces a refined override model that promises to protect fundamental rights while promoting democratic decision-making. Finally, the article explains which institutional and political contexts are hospitable to the override and …


Our 18th Century Constitution In The 21st Century World, Diane P. Wood Jan 2005

Our 18th Century Constitution In The 21st Century World, Diane P. Wood

Articles

In this speech delivered for the annual James Madison Lecture, the Honorable Diane Wood tackles the classic question of whether courts should interpret the United States Constitution from an originalist or dynamic approach. Judge Wood argues for the dynamic approach and defends it against the common criticisms that doing so allows judges to stray from the original intent of those who wrote the Constitution or take into consideration improper foreign influences. She argues the necessity of an "unwritten Constitution" since a literalist approach to interpretation would lead to unworkable or even absurd results in the modern context, and since restricting …