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Full-Text Articles in Law

Contracting Over Privacy: Introduction, Omri Ben-Shahar, Lior Strahilevitz Jan 2017

Contracting Over Privacy: Introduction, Omri Ben-Shahar, Lior Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Liberal Internationalism And The Populist Backlash, Eric A. Posner Jan 2017

Liberal Internationalism And The Populist Backlash, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.


Is Qualified Immunity Unlawful?, William Baude Jan 2017

Is Qualified Immunity Unlawful?, William Baude

Public Law and Legal Theory Working Papers

No abstract provided.


Influence And Ideology In The American Judiciary: Evidence From Supreme Court Law Clerks, Adam Bonica, Adam S. Chilton, Jacob Goldin, Kyle Rozema, Maya Sen Jan 2017

Influence And Ideology In The American Judiciary: Evidence From Supreme Court Law Clerks, Adam Bonica, Adam S. Chilton, Jacob Goldin, Kyle Rozema, Maya Sen

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


A Guide To The Gop Tax Plan – The Way To A Better Way, David A. Weisbach Jan 2017

A Guide To The Gop Tax Plan – The Way To A Better Way, David A. Weisbach

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Can It Happen Here?: Donald Trump And The Paradox Of Populist Government, Eric A. Posner Jan 2017

Can It Happen Here?: Donald Trump And The Paradox Of Populist Government, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.


Resolving Land Disputes Through Restitution Dynamics: A Comparative Analysis Of Country Case Studies, University Of Chicago Law School - Global Human Rights Clinic Jan 2017

Resolving Land Disputes Through Restitution Dynamics: A Comparative Analysis Of Country Case Studies, University Of Chicago Law School - Global Human Rights Clinic

Global Human Rights Clinic

This Report aims to support current efforts in Myanmar to address land ownership and land use disputes. Shifts in government administration, inconsistent legal property regimes, inadequate administrative recordkeeping, and unregulated government land seizures have resulted in wide spread conflicting claims to land. These have caused regional instability, internal population displacement, conflict and socio-economic distress. Resolution of these disputes through a restitution mechanism and establishment of a cohesive land ownership and use regime is central to ultimately establishing rule of law and respect for human rights as well as to the long-term economic development of Myanmar.

As stakeholders engage in discussions …


Preemption Deals, Aziz Huq Jan 2017

Preemption Deals, Aziz Huq

Articles

No abstract provided.


Liberal Internationalism And The Populist Backlash, Eric A. Posner Jan 2017

Liberal Internationalism And The Populist Backlash, Eric A. Posner

Articles

No abstract provided.


Pooling And Unpooling In The Uber Economy, Daniel Hemel Jan 2017

Pooling And Unpooling In The Uber Economy, Daniel Hemel

Articles

No abstract provided.


Self-Driving Contracts, Anthony Casey, Anthony Niblett Jan 2017

Self-Driving Contracts, Anthony Casey, Anthony Niblett

Articles

No abstract provided.


How Do You Formalize A Tamale?: How To Ease Street Vendors’ Transition Out Of The Shadow Economy, Elizabeth Kregor Jan 2017

How Do You Formalize A Tamale?: How To Ease Street Vendors’ Transition Out Of The Shadow Economy, Elizabeth Kregor

Articles

No abstract provided.


When It Comes To Business, The Right And Left Sides Of The Court Agree, Lee Epstein, William M. Landes, Richard A. Posner Jan 2017

When It Comes To Business, The Right And Left Sides Of The Court Agree, Lee Epstein, William M. Landes, Richard A. Posner

Articles

No abstract provided.


Bayh-Dole Beyond Borders, Daniel Hemel, Lisa Larrimore Ouellette Jan 2017

Bayh-Dole Beyond Borders, Daniel Hemel, Lisa Larrimore Ouellette

Articles

No abstract provided.


Retroactive Taxation, Unfunded Pensions, And Shadow Bankruptcies, Julie Roin Jan 2017

Retroactive Taxation, Unfunded Pensions, And Shadow Bankruptcies, Julie Roin

Articles

No abstract provided.


Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie Roin Jan 2017

Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie Roin

Articles

No abstract provided.


Searching For The Common Law: The Quantitative Approach Of The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler Jan 2017

Searching For The Common Law: The Quantitative Approach Of The Restatement Of Consumer Contracts, Oren Bar-Gill, Omri Ben-Shahar, Florencia Marotta-Wurgler

Articles

In 2012, the American Law Institute asked us to serve as reporters for a new Restatement of Consumer Contracts. Recognizing that many innovations in American contract law in the past generation occurred in the area of consumer transactions, the project seemed timely and challenging. We discovered that many of these innovations are controversial and seemingly subject to conflicting approaches in the case law and heated debates among commentators. We also discovered that prior attempts to devise a unified set of rules have largely failed. We therefore decided to take a new approach to our search for, and restatement of, the …


The Limitations Of Supply Chain Disclosure Regimes, Adam S. Chilton, Galit Sarfaty Jan 2017

The Limitations Of Supply Chain Disclosure Regimes, Adam S. Chilton, Galit Sarfaty

Articles

No abstract provided.


Doing Gloss, Curtis A. Bradley Jan 2017

Doing Gloss, Curtis A. Bradley

Articles

It is common for courts, the political branches, and academic commentators to look to historical governmental practices when interpreting the separation of powers. There has been relatively little attention, however, to the proper methodology for invoking such “historical gloss.” This Essay contends that, in order to gain traction on the methodological questions, we need to begin by considering the potential justifications for crediting gloss. For judicial application of gloss, which is this Essay’s principal focus, there are at least four such justifications: deference to the constitutional views of nonjudicial actors; limits on judicial capacity; Burkean consequentialism; and reliance interests. As …


Historical Gloss, Constitutional Convention, And The Judicial Separation Of Powers, Curtis A. Bradley, Neil S. Siegel Jan 2017

Historical Gloss, Constitutional Convention, And The Judicial Separation Of Powers, Curtis A. Bradley, Neil S. Siegel

Articles

Scholars have increasingly focused on the relevance of post-Founding historical practice to discern the separation of powers between Congress and the executive branch, and the Supreme Court has recently endorsed the relevance of such practice. Much less attention has been paid, however, to the relevance of historical practice to discerning the separation of powers between the political branches and the federal judiciary — what this Article calls the “judicial separation of powers.” As the Article explains, there are two ways that historical practice might be relevant to the judicial separation of powers. First, such practice might be invoked as an …


Threats And Criminal Deterrence In Several Dimensions, Saul Levmore, Ariel Porat Jan 2017

Threats And Criminal Deterrence In Several Dimensions, Saul Levmore, Ariel Porat

Articles

No abstract provided.


Atlas Nods: The Libertarian Case For A Basic Income, Daniel Hemel, Miranda Perry Fleischer Jan 2017

Atlas Nods: The Libertarian Case For A Basic Income, Daniel Hemel, Miranda Perry Fleischer

Articles

No abstract provided.


Black Hole Apparitions, Lisa Bernstein Jan 2017

Black Hole Apparitions, Lisa Bernstein

Articles

No abstract provided.


Constitutional Advice And Transnational Legal Order, Tom Ginsburg Jan 2017

Constitutional Advice And Transnational Legal Order, Tom Ginsburg

Articles

No abstract provided.


Chevron Step One-And-A-Half, Daniel Hemel, Aaron Nielson Jan 2017

Chevron Step One-And-A-Half, Daniel Hemel, Aaron Nielson

Articles

No abstract provided.


Constitutions And Foreign Relations Law: The Dynamics Of Substitutes And Complements, Tom Ginsburg Jan 2017

Constitutions And Foreign Relations Law: The Dynamics Of Substitutes And Complements, Tom Ginsburg

Articles

No abstract provided.


Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case Jan 2017

Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case

Articles

No abstract provided.


Introduction To Symposium On Sovereignty, Cyberspace, And Talinn Manual 2.0, Tom Ginsburg Jan 2017

Introduction To Symposium On Sovereignty, Cyberspace, And Talinn Manual 2.0, Tom Ginsburg

Articles

No abstract provided.


Corporate Bankruptcy Panel—Chapter 11 Cramdown Interest Rates: Till, Momentive, And The Proper Valuation Method, Ralph Brubaker, Anthony Casey, Susan Freeman, Bruce A. Markell Jan 2017

Corporate Bankruptcy Panel—Chapter 11 Cramdown Interest Rates: Till, Momentive, And The Proper Valuation Method, Ralph Brubaker, Anthony Casey, Susan Freeman, Bruce A. Markell

Articles

No abstract provided.


Dual Sovereignty Under The Constitution: How Best To Protect States Against Federal Taxation And Regulation, Richard A. Epstein Jan 2017

Dual Sovereignty Under The Constitution: How Best To Protect States Against Federal Taxation And Regulation, Richard A. Epstein

Articles

No abstract provided.