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Full-Text Articles in Law
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
Public Law and Legal Theory Working Papers
No abstract provided.
Activists Vote Twice, Joseph Isenbergh
Activists Vote Twice, Joseph Isenbergh
Public Law and Legal Theory Working Papers
No abstract provided.
Conformity And Dissent, Cass R. Sunstein
Conformity And Dissent, Cass R. Sunstein
Public Law and Legal Theory Working Papers
Much of the time, human beings do what others do. This is perfectly sensible, because the actions and statements of other people convey valuable information about what should be done. In addition, most people want the good opinion of others, and this desire promotes conformity. But conformity can lead both groups and institutions in unfortunate and even catastrophic directions. The most serious problem is that by following others, people fail to disclose what they know and believe, thus depriving society of important information. Those who dissent, and who reject the pressures imposed by others, perform valuable social functions, often at …
Hazardous Heuristics, Cass R. Sunstein
Hazardous Heuristics, Cass R. Sunstein
Public Law and Legal Theory Working Papers
New work on heuristics and biases has explored the role of emotions and affect; the idea of “dual processing”; the place of heuristics and biases outside of the laboratory; and the implications of heuristics and biases for policy and law. This review-essay focuses on certain aspects of Heuristics and Biases: The Psychology of Intuitive Judgment, edited by Thomas Gilovich, Dale Griffin, and Daniel Kahneman. An understanding of heuristics and biases casts light on many issues in law, involving jury awards, risk regulation, and political economy in general. Some attention is given to the possibility of “moral heuristics”—rules of thumb, for …
Truth In Government: Beyond The Tax Expenditure Budget, Julie Roin
Truth In Government: Beyond The Tax Expenditure Budget, Julie Roin
Public Law and Legal Theory Working Papers
No abstract provided.
Is The Party Over? The Court And The Political Process, Elizabeth Garrett
Is The Party Over? The Court And The Political Process, Elizabeth Garrett
Public Law and Legal Theory Working Papers
No abstract provided.
The Rights Of Animals: A Very Short Primer, Cass R. Sunstein
The Rights Of Animals: A Very Short Primer, Cass R. Sunstein
Public Law and Legal Theory Working Papers
Do animals have rights? Almost everyone believes in animal rights, at least in some minimal sense; the real question is what that phrase actually means. By exploring that question, it is possible to give a clear sense of the lay of the land—to show the range of possible positions, and to explore what issues, of theory or fact, separate reasonable people. On reflection, the spotlight should be placed squarely on the issue of suffering and well-being. This position requires rejection of some of the most radical claims by animal rights advocates, especially those that stress the “autonomy” of animals, or …
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Interpretation And Institutions, Cass R. Sunstein, Adrian Vermeule
Public Law and Legal Theory Working Papers
To evaluate theories of interpretation, it is necessary to focus on institutional considerations—to ask how actual judges would use any proposed approach, and to investigate the possibility that an otherwise appealing approach will have unfortunate dynamic effects on private and public institutions. Notwithstanding this point, blindness to institutional considerations is pervasive. It can be found in the work of early commentators on interpretation, including that of Jeremy Bentham; in the influential work of H.L.A. Hart, Ronald Dworkin, and Henry Hart and Albert Sacks; and in much contemporary writing. This blindness to institutional considerations creates serious problems for the underlying theories. …
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
Public Law and Legal Theory Working Papers
No abstract provided.
U.S. Civil Litigation And International Terrorism, Jack L. Goldsmith, Ryan Goodman
U.S. Civil Litigation And International Terrorism, Jack L. Goldsmith, Ryan Goodman
Public Law and Legal Theory Working Papers
No abstract provided.
Must Like Cases Be Treated Alike?, David A. Strauss
Must Like Cases Be Treated Alike?, David A. Strauss
Public Law and Legal Theory Working Papers
No abstract provided.
Parental Rights, Emily Buss
Parental Rights, Emily Buss
Public Law and Legal Theory Working Papers
No abstract provided.
The Common Law Genius Of The Warren Court, David A. Strauss
The Common Law Genius Of The Warren Court, David A. Strauss
Public Law and Legal Theory Working Papers
No abstract provided.
Above The Law: Research Methods, Ethics, And The Law Of Privilege, Geoffrey R. Stone
Above The Law: Research Methods, Ethics, And The Law Of Privilege, Geoffrey R. Stone
Public Law and Legal Theory Working Papers
In Anticipating Law, Palys and Lowman set forth the rationale for a “researcher-participant privilege” and advise scholars how best to preserve the confidentiality of their research in the face of a legal system that has not looked kindly on such a privilege. Although I am inclined to agree with Palys and Lowman that a researcher-participant privilege would, on balance, be beneficial, the case for the privilege is hardly self-evident. Moreover, the advice Palys and Lowman offer researchers in the absence of such a privilege is, in my judgment, unwise.
Is There A Constitutional Right To Clone?, Cass R. Sunstein
Is There A Constitutional Right To Clone?, Cass R. Sunstein
Public Law and Legal Theory Working Papers
Recent scientific innovations, and proposed legislation, have raised questions about the nature of the constitutional right to reproductive freedom, and in particular about whether there is a constitutional “right to clone.” This essay urges that as a matter of substantive due process, rationality review is probably appropriate, and that restrictions on both reproductive and therapeutic cloning would and should survive constitutional scrutiny. At the same time, many of the arguments for banning both forms of cloning are based on ignorance, myths, and speculation. It is extremely important to distinguish between reproductive and nonreproductive cloning, and it is equally important to …
Taxation Without Coordination, Julie Roin
Taxation Without Coordination, Julie Roin
Public Law and Legal Theory Working Papers
No abstract provided.