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University of Chicago Law School

Articles

1997

Articles 1 - 30 of 75

Full-Text Articles in Law

In Memoriam: William J. Brennan, Richard A. Posner Nov 1997

In Memoriam: William J. Brennan, Richard A. Posner

Articles

No abstract provided.


The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley Nov 1997

The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley

Articles

No abstract provided.


The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner Oct 1997

The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner

Articles

No abstract provided.


The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler Jul 1997

The Descending Trail: Holmes' Path Of The Law One Hundred Years Later, Albert Alschuler

Articles

No abstract provided.


Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner May 1997

Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.


Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner May 1997

Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.


Book Review (Reviewing Neal Devins, Shaping Constitutional Values: Elected Government, The Supreme Court, And The Abortion Debate (1996)), Tom Ginsburg May 1997

Book Review (Reviewing Neal Devins, Shaping Constitutional Values: Elected Government, The Supreme Court, And The Abortion Debate (1996)), Tom Ginsburg

Articles

No abstract provided.


The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter Jan 1997

The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter

Articles

No abstract provided.


Rational Choice, Behavioral Economics, And The Law, Richard A. Posner Jan 1997

Rational Choice, Behavioral Economics, And The Law, Richard A. Posner

Articles

No abstract provided.


Fables, Sagas, And Laws, Saul Levmore Jan 1997

Fables, Sagas, And Laws, Saul Levmore

Articles

No abstract provided.


Constraint And Confession, Albert W. Alschuler Jan 1997

Constraint And Confession, Albert W. Alschuler

Articles

No abstract provided.


Why Quine Is Not A Postmodernist, Brian Leiter Jan 1997

Why Quine Is Not A Postmodernist, Brian Leiter

Articles

No abstract provided.


Parol Evidence Rule, The Plain Meaning Rule, And The Principles Of Contractual Interpretation, Eric A. Posner Jan 1997

Parol Evidence Rule, The Plain Meaning Rule, And The Principles Of Contractual Interpretation, Eric A. Posner

Articles

No abstract provided.


The Problematics Of Moral And Legal Theory, Richard A. Posner Jan 1997

The Problematics Of Moral And Legal Theory, Richard A. Posner

Articles

In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …


Why Plain Meaning?, David A. Strauss Jan 1997

Why Plain Meaning?, David A. Strauss

Articles

No abstract provided.


How Law Constructs Preferences, Cass R. Sunstein Jan 1997

How Law Constructs Preferences, Cass R. Sunstein

Articles

No abstract provided.


The Right To Die And The Jurisprudence Of Tradition, Michael W. Mcconnell Jan 1997

The Right To Die And The Jurisprudence Of Tradition, Michael W. Mcconnell

Articles

No abstract provided.


Narrative And Naratology In Classroom And Courtroom, Richard A. Posner Jan 1997

Narrative And Naratology In Classroom And Courtroom, Richard A. Posner

Articles

No abstract provided.


The Art Of Law And Economics: An Autobiographical Essay, William M. Landes Jan 1997

The Art Of Law And Economics: An Autobiographical Essay, William M. Landes

Articles

No abstract provided.


Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein Jan 1997

Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein

Articles

Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …


The Future Of Law And Economics: Looking Forward, Douglas G. Baird Jan 1997

The Future Of Law And Economics: Looking Forward, Douglas G. Baird

Articles

No abstract provided.


Employment Law: Courts And Contracts, Richard A. Epstein Jan 1997

Employment Law: Courts And Contracts, Richard A. Epstein

Articles

No abstract provided.


Introduction - The Legitimacy Of Constitutional Courts: Notes On Theory And Practice Feature: Questioning Constitutional Justice: Introduction, Cass R. Sunstein Jan 1997

Introduction - The Legitimacy Of Constitutional Courts: Notes On Theory And Practice Feature: Questioning Constitutional Justice: Introduction, Cass R. Sunstein

Articles

No abstract provided.


The Autonomy Of Law In Law And Economics, Cass R. Sunstein Jan 1997

The Autonomy Of Law In Law And Economics, Cass R. Sunstein

Articles

No abstract provided.


Comment: Accounting For Norms, Richard H. Mcadams Jan 1997

Comment: Accounting For Norms, Richard H. Mcadams

Articles

No abstract provided.


Standards, Rules, And Social Norms, Eric A. Posner Jan 1997

Standards, Rules, And Social Norms, Eric A. Posner

Articles

No abstract provided.


The Rise And Fall Of Administrative Law, Richard A. Posner Jan 1997

The Rise And Fall Of Administrative Law, Richard A. Posner

Articles

No abstract provided.


Adversary Inferences, Frank H. Easterbrook Jan 1997

Adversary Inferences, Frank H. Easterbrook

Articles

No abstract provided.


The Modern Uses Of Ancient Law, Richard A. Epstein Jan 1997

The Modern Uses Of Ancient Law, Richard A. Epstein

Articles

No abstract provided.


Book Review (Reviewing John Hudson, The Formation Of The English Common Law: Law And Society In England From The Norman Conquest To Magna Carta (1996)), Richard H. Helmholz Jan 1997

Book Review (Reviewing John Hudson, The Formation Of The English Common Law: Law And Society In England From The Norman Conquest To Magna Carta (1996)), Richard H. Helmholz

Articles

No abstract provided.