Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles 1861 - 1890 of 6510

Full-Text Articles in Law

Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith Jan 2016

Presidential War Powers As An Interactive Dynamic: International Law, Domestic Law, And Practice-Based Legal Change, Curtis A. Bradley, Jean Galbraith

Articles

There is a rich literature on the circumstances under which the United Nations Charter or specific Security Council resolutions authorize nations to use force abroad, and there is a rich literature on the circumstances under which the U.S. Constitution and statutory law allow the President to use force abroad. These are largely separate areas of scholarship, addressing what are generally perceived to be distinct legal issues. This Article, by contrast, considers these two bodies of law together as they relate to the United States. In doing so, it makes three main contributions. First, it demonstrates striking parallels between the structure …


Obama’S Aumf Legacy, Curtis A. Bradley, Jack L. Goldsmith Jan 2016

Obama’S Aumf Legacy, Curtis A. Bradley, Jack L. Goldsmith

Articles

In the fifteen years since the Authorization for Use of Military Force (AUMF) was enacted on September 18,2001, the Taliban has been removed from power but not eliminated; Osama Bin Laden has been killed and the senior leaders of Al Qaeda as of 9/11 have been captured,killed, or driven underground, although Al Qaeda remains a threat; numerous Al Qaeda affiliates have sprung up around the globe, most notably in Iraq, Yemen, Syria, and Somalia; and most ominously, the Islamic State has arisen from the ashes of Al Qaeda in Iraq to become what the Director of National Intelligence has described …


Because And Effect: Another Take On Inclusive Communities, Lee Anne Fennell Jan 2016

Because And Effect: Another Take On Inclusive Communities, Lee Anne Fennell

Articles

No abstract provided.


Presidential Leadership And The Separation Of Powers, Eric A. Posner Jan 2016

Presidential Leadership And The Separation Of Powers, Eric A. Posner

Articles

No abstract provided.


Redundant Public-Private Enforcement, Zachary D. Clopton Jan 2016

Redundant Public-Private Enforcement, Zachary D. Clopton

Articles

No abstract provided.


Strategic Rulemaking Disclosure, Jennifer Nou, Jed Stiglitz Jan 2016

Strategic Rulemaking Disclosure, Jennifer Nou, Jed Stiglitz

Articles

No abstract provided.


Book Review (Reviewing Guido Calabresi, The Future Of Law And Economics: Essays In Reform And Recollection), Eric A. Posner Jan 2016

Book Review (Reviewing Guido Calabresi, The Future Of Law And Economics: Essays In Reform And Recollection), Eric A. Posner

Articles

No abstract provided.


Missing Judge Tinder, Gerald Bepko, Daniel E. Pulliam, Diane P. Wood, Richard L. Young Jan 2016

Missing Judge Tinder, Gerald Bepko, Daniel E. Pulliam, Diane P. Wood, Richard L. Young

Articles

No abstract provided.


The Paradox Of Access Justice, And Its Application To Mandatory Arbitration, Omri Ben-Shahar Jan 2016

The Paradox Of Access Justice, And Its Application To Mandatory Arbitration, Omri Ben-Shahar

Articles

No abstract provided.


Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz Jan 2016

Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz

Articles

No abstract provided.


The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley Jan 2016

The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley

Articles

This Essay describes and defends the Supreme Court’s role as a filter between international law and the American constitutional system. In this role,the Court ensures that when international law passes into the U.S. legal system, it does so in a manner consistent with domestic constitutional values. This filtering role is appropriate, the Essay explains, in light of the different processes used to generate international law and domestic law and the different functions served by these bodies of law. The Essay provides examples of this filtering role in four scenarios: the intersection of treaties and individual rights; the relationship between the …


Strategic Rulemaking Disclosure, Jennifer Nou, Edward Stiglitz Jan 2016

Strategic Rulemaking Disclosure, Jennifer Nou, Edward Stiglitz

Coase-Sandor Institute for Law & Economics Research Paper Series

Congressional enactments and executive orders instruct agencies to publish their anticipated rules in what is known as the Unified Agenda. The Agenda’s stated purpose is to ensure that political actors can monitor regulatory development. Agencies have come under fire in recent years, however, for conspicuous omissions and irregularities. Critics allege that agencies hide their regulations from the public strategically, that is, to thwart potential political opposition. Others contend that such behavior is benign, perhaps the inevitable result of changing internal priorities or unforeseen events.

To examine these competing hypotheses, this Article uses a new dataset spanning over thirty years of …


Beyond Relational Contracts: Social Capital And Network Governance In Procurement Contracts, Lisa Bernstein Jan 2016

Beyond Relational Contracts: Social Capital And Network Governance In Procurement Contracts, Lisa Bernstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Custom In The Courts, Lisa Bernstein Jan 2016

Custom In The Courts, Lisa Bernstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Making Doctrinal Work More Rigorous: Lessons From Systematic Reviews, William Baude, Adam S. Chilton, Anup Malani Jan 2016

Making Doctrinal Work More Rigorous: Lessons From Systematic Reviews, William Baude, Adam S. Chilton, Anup Malani

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


United Nations Endorsement & Support For Human Rights: An Experiment On Women's Rights In Pakistan, Gulnaz Anjum, Adam S. Chilton, Zahid Usman Jan 2016

United Nations Endorsement & Support For Human Rights: An Experiment On Women's Rights In Pakistan, Gulnaz Anjum, Adam S. Chilton, Zahid Usman

Coase-Sandor Institute for Law & Economics Research Paper Series

The United Nations is one of the organizations charged with developing and promoting international human rights law. One of the primary ways that the United Nations tries to do that is by regularly reviewing the human rights practices of member states and then recommending new policies for that state to implement. Although this expends considerable resources, a number of obstacles have made it difficult to empirically assess whether the United Nations’ review process actually causes countries to improve their human rights practices. To study this topic, we conducted an experiment in Pakistan that tested whether respondents were more likely to …


Is Originalism Our Law?, William Baude Dec 2015

Is Originalism Our Law?, William Baude

Public Law and Legal Theory Working Papers

No abstract provided.


Freedom Of Conscience In War Time: World War I And The Civil Liberties Path Not Taken, Laura Weinrib Dec 2015

Freedom Of Conscience In War Time: World War I And The Civil Liberties Path Not Taken, Laura Weinrib

Public Law and Legal Theory Working Papers

No abstract provided.


Intra-Agency Coordination, Jennifer Nou Dec 2015

Intra-Agency Coordination, Jennifer Nou

Articles

No abstract provided.


Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership, Mary Anne Case Dec 2015

Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership, Mary Anne Case

University of Chicago Legal Forum

No abstract provided.


On Hearsay, Richard A. Posner Dec 2015

On Hearsay, Richard A. Posner

Articles

No abstract provided.


The Difficulties Of Democratic Mercy, Aziz Huq Dec 2015

The Difficulties Of Democratic Mercy, Aziz Huq

Articles

No abstract provided.


The Use And Misuse Of Patent Licenses, Jonathan Masur Dec 2015

The Use And Misuse Of Patent Licenses, Jonathan Masur

Articles

No abstract provided.


Toward A Pigouvian State, Jonathan Masur, Eric A. Posner Dec 2015

Toward A Pigouvian State, Jonathan Masur, Eric A. Posner

Articles

No abstract provided.


International Law, Constitutional Law, And Public Support For Torture, Adam S. Chilton, Mila Versteeg Nov 2015

International Law, Constitutional Law, And Public Support For Torture, Adam S. Chilton, Mila Versteeg

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


The Death Of Rules And Standards, Anthony Casey, Anthony Niblett Nov 2015

The Death Of Rules And Standards, Anthony Casey, Anthony Niblett

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Friedrichs: An Unexpected Tool For Labor, Heather Whitney Nov 2015

Friedrichs: An Unexpected Tool For Labor, Heather Whitney

Public Law and Legal Theory Working Papers

No abstract provided.


Does The Constitution Mean What It Says?, David A. Strauss Nov 2015

Does The Constitution Mean What It Says?, David A. Strauss

Articles

No abstract provided.


Eighteen Years On: A Re-Review (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner Nov 2015

Eighteen Years On: A Re-Review (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.


Comment On Professor Gluck's "Imperfect Statutes, Imperfect Courts", Richard A. Posner Nov 2015

Comment On Professor Gluck's "Imperfect Statutes, Imperfect Courts", Richard A. Posner

Articles

No abstract provided.