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Full-Text Articles in Law

The Market For Federal Judicial Law Clerks, Richard A. Posner, Christopher Avery, Christine Jolls, Alvin E. Roth Jan 2001

The Market For Federal Judicial Law Clerks, Richard A. Posner, Christopher Avery, Christine Jolls, Alvin E. Roth

Articles

No abstract provided.


The Irrelevance Of Constitutional Amendments, David A. Strauss Jan 2001

The Irrelevance Of Constitutional Amendments, David A. Strauss

Articles

Article V of the Constitution specifies how the Constitution may be amended. Notwithstanding all the attention that constitutional amendments receive, however, our constitutional order would look little different if a formal amendment process did not exist. At least since the first few decades of the Republic, constitutional amendments have not been an important means by which the Constitution, in practice, has changed. Many changes have come about without amendments. In some instances, even though amendments were rejected, the law changed in the way the failed amendments sought. Several amendments that were thought to be important in fact had little effect …


Bush V. Gore: What Were They Thinking?, David A. Strauss Jan 2001

Bush V. Gore: What Were They Thinking?, David A. Strauss

Articles

No abstract provided.


Miranda, The Constitution, And Congress, David A. Strauss Jan 2001

Miranda, The Constitution, And Congress, David A. Strauss

Articles

No abstract provided.


The Failure Of Disclosure As An Approach To Shelters, David A. Weisbach Jan 2001

The Failure Of Disclosure As An Approach To Shelters, David A. Weisbach

Articles

No abstract provided.


The Road Taken: Robert A. Dahl's Decision-Making In A Democracy: The Supreme Court As A National Policy-Maker, Gerald Rosenberg Jan 2001

The Road Taken: Robert A. Dahl's Decision-Making In A Democracy: The Supreme Court As A National Policy-Maker, Gerald Rosenberg

Articles

No abstract provided.


Signaling Discount Rates: Law, Norms, And Economic Methodology (Reviewing Eric A. Posner, Law And Social Norms (2000)), Richard H. Mcadams Jan 2001

Signaling Discount Rates: Law, Norms, And Economic Methodology (Reviewing Eric A. Posner, Law And Social Norms (2000)), Richard H. Mcadams

Articles

No abstract provided.


Introduction: Guns, Crime, And Punishment In America, Bernard E. Harcourt Jan 2001

Introduction: Guns, Crime, And Punishment In America, Bernard E. Harcourt

Articles

No abstract provided.


Consent, Not Power, As The Basis Of Jurisdiction Frontiers Of Jurisdiction, Richard A. Epstein Jan 2001

Consent, Not Power, As The Basis Of Jurisdiction Frontiers Of Jurisdiction, Richard A. Epstein

Articles

No abstract provided.


Standing And Spending - The Role Of Legal And Equitable Principles, Richard A. Epstein Jan 2001

Standing And Spending - The Role Of Legal And Equitable Principles, Richard A. Epstein

Articles

No abstract provided.


Money And Judges In The Law Of The Medieval Church, Richard H. Helmholz Jan 2001

Money And Judges In The Law Of The Medieval Church, Richard H. Helmholz

Articles

No abstract provided.


Peonage And Contractual Liberty, Aziz Huq Jan 2001

Peonage And Contractual Liberty, Aziz Huq

Articles

No abstract provided.


Naturalized Epistemology And The Law Of Evidence, Brian Leiter, Ronald J. Allen Jan 2001

Naturalized Epistemology And The Law Of Evidence, Brian Leiter, Ronald J. Allen

Articles

No abstract provided.


Speculating Law: Beyond Cigarettes And Swiss Banks, Saul Levmore Jan 2001

Speculating Law: Beyond Cigarettes And Swiss Banks, Saul Levmore

Articles

No abstract provided.


Bush V. Gore: Reply To Friedman, Richard A. Posner Jan 2001

Bush V. Gore: Reply To Friedman, Richard A. Posner

Articles

No abstract provided.


Comment On Lempert On Posner, Richard A. Posner Jan 2001

Comment On Lempert On Posner, Richard A. Posner

Articles

No abstract provided.


Cost-Benefit Analysis And Relative Position, Cass R. Sunstein, Robert H. Frank Jan 2001

Cost-Benefit Analysis And Relative Position, Cass R. Sunstein, Robert H. Frank

Articles

Current estimates of regulatory benefits are too low and possibly far too low. This is because the standard economic approach to measuring costs and benefits, which attempts to estimate people's willingness to pay for various regulatory benefits, ignores a central point about valuation, thus producing numbers that systematically understate those benefits. Conventional estimates tell us the amount of income an individual, acting in isolation, would be willing to sacrifice in return for, say, an increase in safety on the job. But while these estimates are based on the implicit assumption that economic well-being depends only on absolute income, considerable evidence …


Cost-Benefit Default Principles, Cass R. Sunstein Jan 2001

Cost-Benefit Default Principles, Cass R. Sunstein

Articles

No abstract provided.


Human Behavior And The Law Of Work, Cass R. Sunstein Jan 2001

Human Behavior And The Law Of Work, Cass R. Sunstein

Articles

No abstract provided.


In Praise Of Numbers: A Reply, Cass R. Sunstein Jan 2001

In Praise Of Numbers: A Reply, Cass R. Sunstein

Articles

No abstract provided.


Is Cost-Benefit Analysis For Everyone?, Cass R. Sunstein Jan 2001

Is Cost-Benefit Analysis For Everyone?, Cass R. Sunstein

Articles

No abstract provided.


Of Artificial Intelligence And Legal Reasoning, Cass R. Sunstein Jan 2001

Of Artificial Intelligence And Legal Reasoning, Cass R. Sunstein

Articles

No abstract provided.


On Academic Fads And Fashions 2001 Survey Of Books Relating To The Law: Foreword, Cass R. Sunstein Jan 2001

On Academic Fads And Fashions 2001 Survey Of Books Relating To The Law: Foreword, Cass R. Sunstein

Articles

No abstract provided.


Order Without Law, Cass R. Sunstein Jan 2001

Order Without Law, Cass R. Sunstein

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No abstract provided.


Statistics, Not Experts, Cass R. Sunstein, William Meadow Jan 2001

Statistics, Not Experts, Cass R. Sunstein, William Meadow

Articles

No abstract provided.


Symposium: Legal Reasoning And Artificial Intelligence: How Computers Think Like Lawyers, Cass R. Sunstein, Kevin Ashley, Karl Branting, Howard Margolis Jan 2001

Symposium: Legal Reasoning And Artificial Intelligence: How Computers Think Like Lawyers, Cass R. Sunstein, Kevin Ashley, Karl Branting, Howard Margolis

Articles

No abstract provided.


The Arithmetic Of Arsenic, Cass R. Sunstein Jan 2001

The Arithmetic Of Arsenic, Cass R. Sunstein

Articles

What does cost-benefit analysis mean, or do, in actual practice? When agencies engage in cost-benefit balancing, what are the interactions among law, science, and economics? This Article attempts to answer that question by exploring, in some detail, the controversy over the EPA's proposed regulation of arsenic in drinking water The largest finding is that often science can produce only "benefit ranges, " and wide ones at that. With reasonable assumptions based on the scientific data before the EPA at the time it made its initial decision, the proposed arsenic regulation can be projected to save as few as 0 lives …


'In Such Manner As The Legislature Thereof May Direct': The Outcome In Bush V Gore Defended, Richard A. Epstein Jan 2001

'In Such Manner As The Legislature Thereof May Direct': The Outcome In Bush V Gore Defended, Richard A. Epstein

Articles

No abstract provided.


Universal Jurisdiction And U.S. Law, Curtis A. Bradley Jan 2001

Universal Jurisdiction And U.S. Law, Curtis A. Bradley

Articles

The conventional wisdom among international law scholars is that customary international law-that is, the law that results from the customary practices and beliefs of nations-places limitations on the authority of nations to apply their laws extraterritorially.1 Unless a nation's extraterritorial law falls within one of five categories 2 -territoriality, nationality, protective principle, passive personality, or universality-it is said, the nation violates international law rules governing "prescriptive jurisdiction."3 All but one of these categories require a nexus between the regulating nation and the conduct, offender, or victim. Under the territorial category, a nation may regulate conduct within its territory …


Subrogation And Insolvency, Alan O. Sykes Jan 2001

Subrogation And Insolvency, Alan O. Sykes

Articles

When tort judgments exceed the assets of tortfeasors and the tort victim has first-party insurance for a portion of the loss suffered, the question arises as to how the recovery from the tortfeasor should be divided between' the tort victim on the one hand and the insurer via its rights of subrogation on the other. A common view among the courts and legal commentators is that the insured should be made whole before the insurer recovers subrogation. This paper employs simple models of optimal insurance contracts to show that the opposite rule will often be optimal. Accordingly, there is little …