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Full-Text Articles in Law

Unbundling Criminal Trial Rights, John Rappaport Jan 2015

Unbundling Criminal Trial Rights, John Rappaport

Articles

No abstract provided.


The Political Economy Of Crowdsourcing: Markets For Labor, Rewards, And Securities, Richard A. Epstein Jan 2015

The Political Economy Of Crowdsourcing: Markets For Labor, Rewards, And Securities, Richard A. Epstein

Articles

No abstract provided.


The Law Of Police, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa Jan 2015

The Law Of Police, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa

Articles

No abstract provided.


Food Trucks, Incremental Innovation, And Regulatory Ruts, Elizabeth Kregor Jan 2015

Food Trucks, Incremental Innovation, And Regulatory Ruts, Elizabeth Kregor

Articles

No abstract provided.


Foreword: The Supreme Court's Shadow Docket, William Baude Jan 2015

Foreword: The Supreme Court's Shadow Docket, William Baude

Articles

No abstract provided.


The Intractable Normative Complexities Of Valuing Foreign Lives, Jonathan Masur Jan 2015

The Intractable Normative Complexities Of Valuing Foreign Lives, Jonathan Masur

Articles

No abstract provided.


Aligning Campaign Finance Law, Nicholas Stephanopoulos Jan 2015

Aligning Campaign Finance Law, Nicholas Stephanopoulos

Articles

No abstract provided.


Is Originalism Our Law?, William Baude Jan 2015

Is Originalism Our Law?, William Baude

Articles

No abstract provided.


Agglomerama, Lee Anne Fennell Jan 2015

Agglomerama, Lee Anne Fennell

Articles

No abstract provided.


Challenging The Randomness Of Panel Assignments In The Federal Courts Of Appeals, Adam S. Chilton, Marin Levy Jan 2015

Challenging The Randomness Of Panel Assignments In The Federal Courts Of Appeals, Adam S. Chilton, Marin Levy

Articles

No abstract provided.


Custom In The Courts, Lisa Bernstein Jan 2015

Custom In The Courts, Lisa Bernstein

Articles

No abstract provided.


Slicing Spontaneity, Lee Anne Fennell Jan 2015

Slicing Spontaneity, Lee Anne Fennell

Articles

In this symposium essay, I consider the role of resource segmentation — the natural or artificial division of resources into appropriable or contributable units — in eliciting and maintaining coordination in the absence of formal private property rights o


Beyond Relational Contracts: Social Capital And Network Governance In Procurement Contracts, Lisa Bernstein Jan 2015

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

Articles

No abstract provided.


Contractual Solutions For Employment Law Problems, Richard A. Epstein Jan 2015

Contractual Solutions For Employment Law Problems, Richard A. Epstein

Articles

No abstract provided.


Legal Scholarship For Judges, Diane P. Wood Jan 2015

Legal Scholarship For Judges, Diane P. Wood

Articles

No abstract provided.


Offensive Disclosure: How Voluntary Disclosure Can Increase Returns From Insider Trading, M. Todd Henderson, Alan Jagolinzer, Karl Muller Jan 2015

Offensive Disclosure: How Voluntary Disclosure Can Increase Returns From Insider Trading, M. Todd Henderson, Alan Jagolinzer, Karl Muller

Articles

No abstract provided.


Private Orderings, Lisa Bernstein, Alan B. Morrison, J. Mark Ramseyer Jan 2015

Private Orderings, Lisa Bernstein, Alan B. Morrison, J. Mark Ramseyer

Articles

No abstract provided.


Is Abood Irrelevant?, Daniel Hemel, David Louk Jan 2015

Is Abood Irrelevant?, Daniel Hemel, David Louk

Articles

No abstract provided.


Cost-Benefit Analysis Of Financial Regulations: A Response To Criticisms, Eric A. Posner, E. Glen Weyl Jan 2015

Cost-Benefit Analysis Of Financial Regulations: A Response To Criticisms, Eric A. Posner, E. Glen Weyl

Articles

No abstract provided.


Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel Jan 2015

Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel

Articles

In recent years, constitutional theorists have attended to the unwritten aspects of American constitutionalism and, relatedly, to the ways in which the constitutional text can be “constructed” upon by various materials. This Article takes a different approach. Instead of considering how various materials can supplement or implement the constitutional text, it focuses on how the text itself is often partially constructed in American constitutional practice. Although interpreters typically regard clear text as controlling, this Article contends that whether the text is perceived to be clear is often affected by various “modalities” of constitutional interpretation that are normally thought to come …


#Liability: Avoiding The Lanham Act And The Right Of Publicity On Social Media, Hannah L. Cook Jan 2015

#Liability: Avoiding The Lanham Act And The Right Of Publicity On Social Media, Hannah L. Cook

University of Chicago Law Review

No abstract provided.


Can Americans Resist Surveillance?, Ryan Calo Jan 2015

Can Americans Resist Surveillance?, Ryan Calo

University of Chicago Law Review

This Essay analyzes the ability of everyday Americans to resist and alter the conditions of government surveillance. Americans appear to have several avenues of resistance or reform. We can vote for privacy-friendly politicians, challenge surveillance in court, adopt encryption or other technologies, and put market pressure on companies not to cooperate with law enforcement. In practice, however, many of these avenues are limited. Reform-minded officials lack the capacity for real oversight. Litigants lack standing to invoke the Constitution in court. Encryption is not usable and can turn citizens into targets. Citizens can extract promises from companies to push back against …


Civil Liberties Outside The Courts, Laura Weinrib Jan 2015

Civil Liberties Outside The Courts, Laura Weinrib

Public Law and Legal Theory Working Papers

This article recovers the institutional alternatives to judicial enforcement of civil liberties during the New Deal. Based on archival research, it demonstrates that the court-based strategy was deeply contested and remained controversial well after the foundational First Amendment victories. Today, theories of civil liberties are premised on state neutrality in the domain of public debate; in the 1930s, the most prominent accounts demanded affirmative government intervention to correct distortions in the marketplace of ideas or to advance substantive rights. In examining these forgotten traditions, the article highlights the close and unexplored connection between civil liberties and organized labor during the …


Institutional Flip-Flops, Eric A. Posner, Cass R. Sunstein Jan 2015

Institutional Flip-Flops, Eric A. Posner, Cass R. Sunstein

Public Law and Legal Theory Working Papers

No abstract provided.


Foreword: The Supreme Court's Shadow Docket, William Baude Jan 2015

Foreword: The Supreme Court's Shadow Docket, William Baude

Public Law and Legal Theory Working Papers

The 2013 Supreme Court Term provides an occasion to look beyond the Court’s merits cases to the Court’s shadow docket — a range of orders and summary decisions that defy its normal procedural regularity. I make two claims: First, many of the orders la


The Distributive Deficit In Law And Economics, Richard H. Mcadams, Lee Anne Fennell Jan 2015

The Distributive Deficit In Law And Economics, Richard H. Mcadams, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.


Constitutional Law, Moral Judgment, And The Supreme Court As Super-Legislature, Brian Leiter Jan 2015

Constitutional Law, Moral Judgment, And The Supreme Court As Super-Legislature, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.


The Realities Of Electoral Reform, Nicholas Stephanopoulos, Eric Mcghee, Steven Rogers Jan 2015

The Realities Of Electoral Reform, Nicholas Stephanopoulos, Eric Mcghee, Steven Rogers

Public Law and Legal Theory Working Papers

What good are theories if they cannot be tested? Election law has wrestled with this question over the last generation. Two new theories have emerged during this period that reject conventional rights-and-interests balancing. In its place, the responsiveness theory asserts that legislators’ positions should be sensitive to changes in the views of their constituents. Similarly, the alignment theory claims that voters’ and legislators’ preferences should be congruent. Unfortunately, both of these theories share a common flaw: They provide no way for anyone to tell whether electoral policies improve or worsen responsiveness or alignment. They operate at too normative a level …


Rethinking Threats, Saul Levmore, Ariel Porat Jan 2015

Rethinking Threats, Saul Levmore, Ariel Porat

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler Jan 2015

Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler

Public Law and Legal Theory Working Papers

No abstract provided.