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Full-Text Articles in Law

Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday May 2000

Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday

Occasional Papers

No abstract provided.


Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner May 2000

Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner

Articles

No abstract provided.


Solidarity In Consumption, Cass R. Sunstein, Edna Ullmann-Margalit May 2000

Solidarity In Consumption, Cass R. Sunstein, Edna Ullmann-Margalit

Coase-Sandor Institute for Law & Economics Research Paper Series

Contrary to a common picture of relationships in a market economy, people often express communal and membership-seeking impulses via consumption choices, purchasing goods and services because other people are doing so as well. Shared identities are maintained and created in this way. Solidarity goods are goods whose value increases as the number of people enjoying them increases. Exclusivity goods are goods whose value decreases as the number of people enjoying them increases. Distinctions can be drawn among diverse value functions, capturing diverse relationships between the value of goods and the value of shared or unshared consumption. Though markets spontaneously produce …


An Economic Analysis Of Anti-Tax Avoidance Laws, David A. Weisbach May 2000

An Economic Analysis Of Anti-Tax Avoidance Laws, David A. Weisbach

Coase-Sandor Institute for Law & Economics Research Paper Series

This article analyzes the effect of tax law doctrines designed to reduce tax shelters, such as the business purpose doctrine, and the economic substance doctrine. The article analyzes these doctrines as changes to the marginal elasticity of taxable income. As these doctrines are strengthened, the elasticity of taxable income goes down (in absolute value). By reducing the marginal elasticity of taxable income, the doctrines increase the efficiency of the tax system. Because the doctrines cannot perfectly identify tax avoidance, however, they induce a distortionary response by taxpayers, who may structure shelters to avoid the doctrines. This distortionary effect reduces their …


Culture And Government Money: A Guide For The Perplexed, Cass R. Sunstein Apr 2000

Culture And Government Money: A Guide For The Perplexed, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Constitutional limits on government’s power to regulate the culture and the arts, newly salient in light of the controversy involving the Brooklyn Museum, are best understood by distinguishing among (a) content-neutral, (b) content-based, and (c) viewpoint-based restrictions, and also among (a) criminal and civil sanctions, (b) “penalties,” and (c) mere failure to fund. The resulting three-by-three matrix provides an understanding of the vast bulk of current constitutional law. At the same time, several serious puzzles are created by current law: the distinction between viewpoint discrimination and content discrimination can be thin in the context of art; it is hard to …


Property Rights In Emerging Platform Technologies, Douglas Gary Lichtman Apr 2000

Property Rights In Emerging Platform Technologies, Douglas Gary Lichtman

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper considers an externality that affects a broad range of markets, specifically markets where one set of firms sells some platform technology like a computer, video game console, or operating system, while another possibly overlapping set of firms sells peripherals compatible with that platform, for example computer software or video game cartridges. The externality causes certain peripheral sellers to charge prices that are unprofitably high. That is, these firms could earn greater profits if only they could coordinate to charge lower prices. In many markets, such coordination is possible; firms can contract, for example, or integrate. In markets based …


Foreword, Cjil Editors Apr 2000

Foreword, Cjil Editors

Chicago Journal of International Law

No abstract provided.


Without Peers? The Blind Spot In The Debate Over How To Allocate Educational Control Between Parent And State, Emily Buss Apr 2000

Without Peers? The Blind Spot In The Debate Over How To Allocate Educational Control Between Parent And State, Emily Buss

Public Law and Legal Theory Working Papers

No abstract provided.


The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz Mar 2000

The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz

Articles

No abstract provided.


Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner Mar 2000

Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner

Articles

In Law and Disagreement, Jeremy Waldron, born and educated in New Zealand and trained in England, mounts a powerful argument in favor of legislation as a legitimate source of authority and correspondingly denigrates the American faith in judicial review. Waldron claims among other things that a legislature's inability to achieve consensus enables legislation to resolve disputes in a way that preserves the dignity and self-respect of losers in the policy struggle. In this Book Review Essay, Judge Posner commends Waldron for his impressive criticisms of the theoretical basis for the American faith in judicial review. At the same time, he …


Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner Mar 2000

Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner

Articles

No abstract provided.


Creating And Enforcing Norms, With Special Reference To Sanctions, Eric B. Rasmusen, Richard A. Posner Mar 2000

Creating And Enforcing Norms, With Special Reference To Sanctions, Eric B. Rasmusen, Richard A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Two central puzzles about social norms are how they are enforced and how they are created or modified. The sanctions for the violation of a norm can be categorized as automatic, guilt, shame, informational, bilateral costly, and multilateral costly. The choice of sanction is related to problems in creating and modifying norms. We use our analysis of the creation, modification, and enforcement of norms to analyze the scope of feasible government action either to promote desirable norms or to repress undesirable ones. We conclude that the difficulty of predicting the effect of such action limits its feasible scope.


Ec Company Law, Vanessa Edwards, Clarendon Press 1999, Michael Scott Mar 2000

Ec Company Law, Vanessa Edwards, Clarendon Press 1999, Michael Scott

Chicago Journal of International Law

No abstract provided.


The Human Rights Act Of 1988 What It Means: The Incorporation Of The European Convention On The Human Rights In The Legal Order Of The United Kingdom. Lammy Betton, Ed., Susan R. Gihring Mar 2000

The Human Rights Act Of 1988 What It Means: The Incorporation Of The European Convention On The Human Rights In The Legal Order Of The United Kingdom. Lammy Betton, Ed., Susan R. Gihring

Chicago Journal of International Law

No abstract provided.


Masthead, Cjil Editors Mar 2000

Masthead, Cjil Editors

Chicago Journal of International Law

No abstract provided.


A Comparative Look At The Rule Of Law In The European Constitution, By Maria Luisa Fernandez Esteban, And The Constitution Of Europe: Do The New Clothes Have An Emperor? And Other Essays On European Integration By J.H.H. Weiler, Elizabeth Pelletreau Mar 2000

A Comparative Look At The Rule Of Law In The European Constitution, By Maria Luisa Fernandez Esteban, And The Constitution Of Europe: Do The New Clothes Have An Emperor? And Other Essays On European Integration By J.H.H. Weiler, Elizabeth Pelletreau

Chicago Journal of International Law

No abstract provided.


Boyd's Legacy And Blackstone's Ghost, Robert K. Rasmussen, Douglas G. Baird Feb 2000

Boyd's Legacy And Blackstone's Ghost, Robert K. Rasmussen, Douglas G. Baird

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Deliberating About Dollars: The Severity Shift, Cass R. Sunstein, David Schkade, Daniel Kahneman Feb 2000

Deliberating About Dollars: The Severity Shift, Cass R. Sunstein, David Schkade, Daniel Kahneman

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Masthead, Law School Roundtable Editors Jan 2000

Masthead, Law School Roundtable Editors

The University of Chicago Law School Roundtable

No abstract provided.


Deliberative Trouble - Why Groups Go To Extremes, Cass R. Sunstein Jan 2000

Deliberative Trouble - Why Groups Go To Extremes, Cass R. Sunstein

Articles

No abstract provided.


On Philosophy And Economics, Cass R. Sunstein Jan 2000

On Philosophy And Economics, Cass R. Sunstein

Articles

No abstract provided.


Standing For Animals (With Notes On Animal Rights) A Tribute To Kenneth L. Karst, Cass R. Sunstein Jan 2000

Standing For Animals (With Notes On Animal Rights) A Tribute To Kenneth L. Karst, Cass R. Sunstein

Articles

No abstract provided.


Focal Point Theory Of Expressive Law, Richard H. Mcadams Jan 2000

Focal Point Theory Of Expressive Law, Richard H. Mcadams

Articles

No abstract provided.


Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith Jan 2000

Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith

Articles

No abstract provided.


The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley Jan 2000

The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley

Articles

In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …


Ironing Out The Flat Tax, David A. Weisbach Jan 2000

Ironing Out The Flat Tax, David A. Weisbach

Articles

While the Flat Tax has attracted substantial attention, proponents of the tax have not given any details of its implementation. Without this detail, evaluation of the tax is difficult. Claims of simplicity may be false. The efficiency claims for the Flat Tax rely on its relative unavoidability and its cleanly stated economic incentives, but without details, these claims cannot be evaluated Moreover, the distribution of the tax burden will be affected by its implementation. This article attempts to fill in the gap by considering the design issues presented by the Flat Tax. A wide variety of issues are considered, including …


The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein Jan 2000

The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein

Articles

No abstract provided.


The Parental Rights Of Minors, Emily Buss Jan 2000

The Parental Rights Of Minors, Emily Buss

Articles

No abstract provided.


Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case Jan 2000

Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case

Articles

No abstract provided.


Orwell Versus Huxley: Economics, Technology, Privacy And Satire, Richard A. Posner Jan 2000

Orwell Versus Huxley: Economics, Technology, Privacy And Satire, Richard A. Posner

Articles

No abstract provided.