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Full-Text Articles in Law
Marxism And The Continuing Irrelevance Of Normative Theory (Reviewing G. A. Cohen, If You're An Egalitarian, How Come You're So Rich? (2000)), Brian Leiter
Articles
No abstract provided.
The Perception Of Risk, Cass R. Sunstein
The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
Articles
No abstract provided.
U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley
U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley
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No abstract provided.
The Juvenile Death Penalty And International Law, Curtis A. Bradley
The Juvenile Death Penalty And International Law, Curtis A. Bradley
Articles
The United States is almost alone among nations in permitting the execution of juvenile offenders. Citing this fact, along with a variety of legal and historical materials, litigants and scholars are increasingly claiming that the United States’ use of the juvenile death penalty violates international law. This Article examines the validity of this claim,from the perspective of both the international legal system and the U.S. legal system.
Based on a detailed examination of the United States’ interaction with treaty regimes and international institutions since the late 1940s,the Article concludes that the international law arguments against the juvenile death penalty have …
Homes Rule (Reviewing William A. Fischel, The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, And Land-Use Policies (2001)), Lee Anne Fennell
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No abstract provided.
International Harmonization Of Antitrust Law: The Tortoise Or The Hare?, Diane P. Wood
International Harmonization Of Antitrust Law: The Tortoise Or The Hare?, Diane P. Wood
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No abstract provided.
Market Evidence In Corporate Law, Daniel R. Fischel
Switching The Default Rule, Cass R. Sunstein
Switching The Default Rule, Cass R. Sunstein
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There is a standard analysis of default rules in contract law, including those forms of contract law that fall under the label of employment law. But behavioral economics raises many complications. Professor Cass R. Sunstein explains that the default rule can create an endowment effect, making employees value certain rights more, simply because they have been granted such rights in the first instance. New evidence, based on a survey of law students, is introduced to show a significant endowment effect in the context of vacation time. Similarly, the default rule for savings plans, set by employers or by law, seems …
Surprising Admissions, Saul Levmore
Book Review (Reviewing Sven Lindquist, A History Of Bombing (2001)), Jonathan Masur
Book Review (Reviewing Sven Lindquist, A History Of Bombing (2001)), Jonathan Masur
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No abstract provided.
Smoothing The Boundary Between Foreign And Domestic Law: Comments On Professors Dodge, Golove, And Stephan, Richard A. Epstein
Smoothing The Boundary Between Foreign And Domestic Law: Comments On Professors Dodge, Golove, And Stephan, Richard A. Epstein
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No abstract provided.
Is There A Constitutional Right To Clone?, Cass R. Sunstein
Is There A Constitutional Right To Clone?, Cass R. Sunstein
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No abstract provided.
Philippic.Com, Cass R. Sunstein
Philippic.Com, Cass R. Sunstein
Articles
A recent trend in so-called "second generation" legal commentary about the Internet suggests that, though it is an unparalleled communication medium and a means of engaging in global e-commerce, it is not an unmitigated force for good. Instead, the Net poses a fundamental danger to democracy. This trend takes shape in works by well-known cyberlaw theorists like Lawrence Lessig, Andrew Shapiro, and Neil Weinstock Netanel, but the most recent and most troubling criticism lies in Professor Cass Sunstein 's Republic.com. In this book, Professor Sunstein argues that perfect filtering of information on the Internet will lead to a fractured communications …
Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein
Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein
Articles
No abstract provided.
Reflections On Constitutionalizing Women's Equality, Mary Anne Case
Reflections On Constitutionalizing Women's Equality, Mary Anne Case
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No abstract provided.
Maintaining The Integrity Of Death: An Argument For Restricting A Defendant's Right To Volunteer For Execution At Certain Stages In Capital Proceedings, Anthony Casey
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No abstract provided.
Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein
Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein
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No abstract provided.
Military Tribunals And Legal Culture: What A Difference Sixty Years Makes, Cass R. Sunstein, Jack L. Goldsmith
Military Tribunals And Legal Culture: What A Difference Sixty Years Makes, Cass R. Sunstein, Jack L. Goldsmith
Articles
No abstract provided.
Is Incoherence Outrageous?, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade
Is Incoherence Outrageous?, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade
Articles
No abstract provided.
Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday
Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday
Articles
No abstract provided.
Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes
Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes
Articles
No abstract provided.
Four (Or Five) Easy Lessons From Enron, Douglas G. Baird, Robert K. Rasmussen
Four (Or Five) Easy Lessons From Enron, Douglas G. Baird, Robert K. Rasmussen
Articles
No abstract provided.
Parental Rights, Emily Buss
Liberty, Equality, And Privacy: Choosing A Legal Foundation For Gay Rights, Richard A. Epstein
Liberty, Equality, And Privacy: Choosing A Legal Foundation For Gay Rights, Richard A. Epstein
Articles
No abstract provided.
Beyond Judicial Activism And Restraint, Richard A. Epstein
Beyond Judicial Activism And Restraint, Richard A. Epstein
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No abstract provided.
Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein
Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein
Articles
No abstract provided.
Introduction To Symposium: Empirical And Experimental Methods In Law, Richard H. Mcadams, Thomas S. Ulen
Introduction To Symposium: Empirical And Experimental Methods In Law, Richard H. Mcadams, Thomas S. Ulen
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No abstract provided.
Locating Discrimination: Interactive Web Sites As Public Accommodations Under Title Ii Of The Civil Rights Act The Scope Of Equal Protection, Tara Thompson
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No abstract provided.
Interring The Nondelegation Doctrine, Eric A. Posner, Adrian Vermeule
Interring The Nondelegation Doctrine, Eric A. Posner, Adrian Vermeule
Articles
A large academic literature discusses the nondelegation doctrin4 which is said to bar Congress from enacting excessively broad or excessively discretionary grants of statutory authority to the executive branch or other agents. The bulk of this literature accepts the existence of the doctrine and argues only about the terms of its application or the competence of the courts to enforce it. In this essay, we argue that there is no such nondelegation doctrine: A statutory grant of authority to the executive branch or other agents never effects a delegation of legislative power. Agents acting within the terms of such a …