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Articles 4561 - 4590 of 6510
Full-Text Articles in Law
The (Limited) Role Of Regulatory Harmonization In International Goods And Services Markets, Alan O. Sykes
The (Limited) Role Of Regulatory Harmonization In International Goods And Services Markets, Alan O. Sykes
Articles
With the conclusion of the Uruguay Round and its agreements relating to technical barriers, much attention has been devoted to the possibility of harmonizing international regulatory policies to reduce the impediments to commerce that result from regulatory heterogeneity. This paper argues that, as a normative matter, harmonization is inferior to a legal system that tolerates regulatory differences subject to legal constraints, and that relies on mutual recognition where appropriate (the exception to this claim being matters of technical compatibility between products). Related, as a positive matter, harmonization will often lack any political constituency and thus instances of true harmonization will …
Civil Settlement During Rape Prosecutions, William Hubbard
Civil Settlement During Rape Prosecutions, William Hubbard
Articles
No abstract provided.
Pinochet And International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
Pinochet And International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
Positivism, Formalism, Realism, Brian Leiter
Positivism, Formalism, Realism, Brian Leiter
Articles
In Legal Positivism in American Jurisprudence, Anthony Sebok traces the historical and philosophical relationship between legal positivism and the dominant schools of American jurisprudence: Formalism, Realism, Legal Process, and Fundamental Rights. Sebok argues that formalism followed from the central tenets of Classical Positivism, and that both schools of thought were discredited-through misunderstandings-during the Realist period. Positivism's essential tenets were reasserted by Legal Process scholars, though soon thereafter misappropriated by politically conservative theorists. In the concluding chapters of the book, Sebok argues that the recent theory known as "Soft" Positivism or "Incorporationism" holds out the possibility of redeeming the liberal political …
Perfection Hierarchies And Nontemporal Priority Rules, Randal C. Picker
Perfection Hierarchies And Nontemporal Priority Rules, Randal C. Picker
Articles
No abstract provided.
A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith
A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith
Articles
This Article presents a theory of customary international law ("CIL") that seeks to resolve the many well-known difficulties with standard accounts of CIL. The theory uses simple game theoretical concepts to explain how CIL arises, why nations "comply" with CIL as commonly understood, and how CIL changes. This theory rejects the usual explanations of CIL based on opinio juris, legality, morality, and related concepts. States do not comply with norms of CIL because of a sense of moral or legal obligation; rather, their compliance and the norms themselves emerge from the states' pursuit of self-interested policies on the international stage. …
Arbitration And The Harmonization Of International Commercial Law: A Defense Of Mitsubishi, Eric A. Posner
Arbitration And The Harmonization Of International Commercial Law: A Defense Of Mitsubishi, Eric A. Posner
Articles
No abstract provided.
The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner
The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner
Articles
No abstract provided.
Incentives, Reputation, And The Glorious Determinants Of Judicial Behavior, Gerald Rosenberg
Incentives, Reputation, And The Glorious Determinants Of Judicial Behavior, Gerald Rosenberg
Articles
No abstract provided.
Implications Of Implicit Taxes, David A. Weisbach
Line Drawing Doctrine And Efficiency In The Tax Law, David A. Weisbach
Line Drawing Doctrine And Efficiency In The Tax Law, David A. Weisbach
Articles
No abstract provided.
What Does Frieda Yoder Believe?, Emily Buss
Availability Cascades And Risk Regulation, Cass R. Sunstein, Timur Kuran
Availability Cascades And Risk Regulation, Cass R. Sunstein, Timur Kuran
Articles
An availability cascade is a self-reinforcing process of collective belief formation by which an expressed perception triggers a chain reaction that gives the perception increasing plausibility through its rising availability in public discourse. The driving mechanism involves a combination of informational and reputational motives: Individuals endorse the perception partly by learning from the apparent beliefs of others and partly by distorting their public responses in the interest of maintaining social acceptance. Availability entrepreneurs- activists who manipulate the content of public discourse-strive to trigger availability cascades likely to advance their agendas. Their availability campaigns may yield social benefits, but sometimes they …
Breard, Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley
Breard, Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley
Articles
In its decision last Term in 'Breard v. Greene,' the Supreme Court refused to stay the execution of Angel Breard, an inmate in Virginia, even though Virginia had violated a treaty on consular relations and the International Court of Justice had ordered the United States to "take all measures at its disposal" to stay the execution. The international law academy has been heavily critical of the Supreme Court's decision and other aspects of the United States' handling of the Breard case. In this article Professor Bradley argues that the criticisms by the academy reflect an "international conception" of the relationship …
Externalities In Open Economy Antitrust And Their Implications For International Competition Policy Competition, Free Markets, And The Law-Symposium On Law And Public Policy-1999, Alan O. Sykes
Articles
No abstract provided.
Controlling The Costs Of Alternative Medicine, Lior Strahilevitz
Controlling The Costs Of Alternative Medicine, Lior Strahilevitz
Articles
No abstract provided.
Does Antitrust Have A Comparative Advantage?, Frank H. Easterbrook
Does Antitrust Have A Comparative Advantage?, Frank H. Easterbrook
Articles
No abstract provided.
Too Young To Be Rehabilitated - Comments On Lipsey's 'Can Rehabilitative Programs Reduce The Recidivism Of Juvenile Offenders?', Emily Buss
Articles
No abstract provided.
Confronting Developmental Barriers To The Empowerment Of Child Clients, Emily Buss
Confronting Developmental Barriers To The Empowerment Of Child Clients, Emily Buss
Articles
No abstract provided.
Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case
Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case
Articles
No abstract provided.
Very Stereotype The Law Condemns: Constitutional Sex Discrimination Law As A Quest For Perfect Proxies, Mary Anne Case
Very Stereotype The Law Condemns: Constitutional Sex Discrimination Law As A Quest For Perfect Proxies, Mary Anne Case
Articles
No abstract provided.
Cyberspace Versus Property Law, Frank H. Easterbrook
Hayekian Socialism, Richard A. Epstein
Exit Rights And Insurance Regulation: From Federalism To Takings, Richard A. Epstein
Exit Rights And Insurance Regulation: From Federalism To Takings, Richard A. Epstein
Articles
No abstract provided.
Commentary On The Futures Problem By Geoffrey C. Hazard Jr., Diane P. Wood
Commentary On The Futures Problem By Geoffrey C. Hazard Jr., Diane P. Wood
Articles
No abstract provided.
Impeachment And Presidential Immunity From Judicial Process, Joseph Isenbergh
Impeachment And Presidential Immunity From Judicial Process, Joseph Isenbergh
Articles
No abstract provided.
Reconceptualizing Unfunded Mandates And Other Regulations, Julie Roin
Reconceptualizing Unfunded Mandates And Other Regulations, Julie Roin
Articles
No abstract provided.
The Questionable Empirical Basis Of Article 2'S Incorporation Strategy: A Preliminary Study, Lisa Bernstein
The Questionable Empirical Basis Of Article 2'S Incorporation Strategy: A Preliminary Study, Lisa Bernstein
Articles
No abstract provided.
Licensing: Permission Slips In Corporate And Fourth Amendment Law, Saul Levmore
Licensing: Permission Slips In Corporate And Fourth Amendment Law, Saul Levmore
Articles
No abstract provided.
Double Blind Lawmaking And Other Comments On Formalism In The Tax Law, Saul Levmore
Double Blind Lawmaking And Other Comments On Formalism In The Tax Law, Saul Levmore
Articles
No abstract provided.