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Full-Text Articles in Law

Mass Incarceration: Perspectives On U.S. Imprisonment, Randolph N. Stone Jan 2000

Mass Incarceration: Perspectives On U.S. Imprisonment, Randolph N. Stone

Articles

No abstract provided.


Commercial Norms And The Fine Art Of The Small Con: Comments On Daniel Keating's Exploring The Battle Of The Forms In Action, Douglas G. Baird Jan 2000

Commercial Norms And The Fine Art Of The Small Con: Comments On Daniel Keating's Exploring The Battle Of The Forms In Action, Douglas G. Baird

Articles

No abstract provided.


The Adolescent's Stake In The Allocation Of Educational Control Between Parent And State, Emily Buss Jan 2000

The Adolescent's Stake In The Allocation Of Educational Control Between Parent And State, Emily Buss

Articles

Courts policymakers; and scholars have long struggled with the question of how to allocate educational control between parents and the state, particularly where parents' preferences are religiously motivated. While the debate reflects a broad range of viewpoints, these viewpoints share a common blind spot: They focus on the state's interest in imparting certain knowledge and skills; and ignore the state's interest in facilitating interactions among ideologically diverse peers. This Article argues that, particularly for older adolescents, the nature of their peer interactions has a far bigger impact on their development than does the content of their curriculum. Drawing on the …


Information And Antitrust Antitrust In The Information Age, Frank H. Easterbrook Jan 2000

Information And Antitrust Antitrust In The Information Age, Frank H. Easterbrook

Articles

No abstract provided.


The Necessity For Constrained Deliberation, Richard A. Epstein Jan 2000

The Necessity For Constrained Deliberation, Richard A. Epstein

Articles

No abstract provided.


The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein Jan 2000

The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein

Articles

No abstract provided.


A Theory Of Contract Law Under Conditions Of Radical Judicial Error, Eric A. Posner Jan 2000

A Theory Of Contract Law Under Conditions Of Radical Judicial Error, Eric A. Posner

Articles

No abstract provided.


Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin Jan 2000

Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin

Articles

No abstract provided.


How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz Jan 2000

How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz

Articles

No abstract provided.


Tributes: Health, Heart And Mind: The Contributions Of Richard A. Posner To Health Law And Policy, Diane P. Wood Jan 2000

Tributes: Health, Heart And Mind: The Contributions Of Richard A. Posner To Health Law And Policy, Diane P. Wood

Articles

No abstract provided.


More Than Mere Majorities, Saul Levmore Jan 2000

More Than Mere Majorities, Saul Levmore

Articles

No abstract provided.


Voting With Intensity, Saul Levmore Jan 2000

Voting With Intensity, Saul Levmore

Articles

Can intense preferences be accommodated in voting schemes without shifting power to wealthier citizens and organized interests? This article first situates the question within the larger issue of the inalienability of some legal rights, and then focuses on collective action problems among voters. These problems offer a way to explain our present rules and intuitions regarding vote buying and related matters in areas ranging from corporate law to associations and to campaign finance reform. But in large-scale general elections, collective action problems are likely to doom strategies for extracting information about intense preferences, and they may even produce perverse results. …


Norms As Supplements, Saul Levmore Jan 2000

Norms As Supplements, Saul Levmore

Articles

No abstract provided.


Social Programs And Manageable Units, Saul Levmore Jan 2000

Social Programs And Manageable Units, Saul Levmore

Articles

No abstract provided.


Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques Jan 2000

Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques

Articles

No abstract provided.


An Attitudinal Theory Of Expressive Law, Richard H. Mcadams Jan 2000

An Attitudinal Theory Of Expressive Law, Richard H. Mcadams

Articles

No abstract provided.


The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser Jan 2000

The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser

Articles

No abstract provided.


Law And Social Norms: The Case Of Tax Compliance, Eric A. Posner Jan 2000

Law And Social Norms: The Case Of Tax Compliance, Eric A. Posner

Articles

No abstract provided.


Savigny, Holmes, And The Law And Economics Of Possession, Richard A. Posner Jan 2000

Savigny, Holmes, And The Law And Economics Of Possession, Richard A. Posner

Articles

No abstract provided.


Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner Jan 2000

Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner

Articles

Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.


Diffusion And Focus In International Law Scholarship, Diane P. Wood Jan 2000

Diffusion And Focus In International Law Scholarship, Diane P. Wood

Articles

No abstract provided.


The Public Choice Threat (Reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996)), Saul Levmore Jan 2000

The Public Choice Threat (Reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996)), Saul Levmore

Articles

No abstract provided.


Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner Jan 2000

Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner

Articles

No abstract provided.


Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell Jan 2000

Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell

Articles

No abstract provided.


Book Review (Reviewing Patrick Wormald, The Making Of English Law: King Alfred To The Twelfth Century (1999)), Richard H. Helmholz Jan 2000

Book Review (Reviewing Patrick Wormald, The Making Of English Law: King Alfred To The Twelfth Century (1999)), Richard H. Helmholz

Articles

No abstract provided.


Privacy, Publication, And The First Amendment: The Dangers Of First Amendment Exceptionalism, Richard A. Epstein Jan 2000

Privacy, Publication, And The First Amendment: The Dangers Of First Amendment Exceptionalism, Richard A. Epstein

Articles

The coordination of common law and constitutional norms are of pressing importance on matters of freedom of speech. In the Supreme Court and elsewhere, it is possible to discern two sharply inconsistent attitudes toward this question. One view holds that the First Amendment simply prevents any legislative backsliding from the common law rules that protect freedom of speech and of the press, much as they protect freedom of contract and freedom of action generally. On this view, the standard rule governing damages and injunctive relief apply to speech much as they do anywhere else. On the alternative view of what …


Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein Jan 2000

Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein

Articles

No abstract provided.


The Uneasy Marriage Of Utilitarian And Libertarian Thought, Richard A. Epstein Jan 2000

The Uneasy Marriage Of Utilitarian And Libertarian Thought, Richard A. Epstein

Articles

No abstract provided.


Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes Jan 2000

Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes

Articles

No abstract provided.


Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg Jan 2000

Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg

Articles

No abstract provided.