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Full-Text Articles in Law
First Circuit Upholds Reprosecution Of Defendant Acquitted In 'Sham' Trial, John Rappaport
First Circuit Upholds Reprosecution Of Defendant Acquitted In 'Sham' Trial, John Rappaport
Articles
No abstract provided.
Credible Coercion, Omri Ben-Shahar, Oren Bar-Gill
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
Foreword: A Political Court, Richard A. Posner
Introduction, Richard A. Epstein, Randal C. Picker
Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo
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
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
Guido Calabresi's 'The Costs Of Accidents': A Reassessment, Richard A. Posner
Articles
No abstract provided.
Hayek, Law, And Cognition, Richard A. Posner
Courting Disaster: Looking For Change In All The Wrong Places, Gerald Rosenberg
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
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
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
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
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
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
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
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
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
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
Derivatives And The Bankruptcy Code: Why The Special Treatment?, Edward Morrison, Franklin R. Edwards
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
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
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
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
Consent, Aesthetics, And The Boundaries Of Sexual Privacy After Lawrence V. Texas, Lior Strahilevitz
Articles
No abstract provided.
Contract And Copyright, Frank H. Easterbrook
Executive Power, The Commander In Chief, And The Militia Clause, Richard A. Epstein
Executive Power, The Commander In Chief, And The Militia Clause, Richard A. Epstein
Articles
No abstract provided.
Property As Entrance, Eduardo Peñalver
The Case For The Legislative Override, Nicholas Stephanopoulos
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
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 …