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Articles 4591 - 4620 of 6510
Full-Text Articles in Law
Changes, Anticipations, And Reparations, Saul Levmore
Changes, Anticipations, And Reparations, Saul Levmore
Articles
Conventional views of legal change emphasize the values of certainty and reliance, and are therefore hostile to explicitly retroactive laws. Contemporary scholarship, however, allows that a policy of aggressive legal change, with no compensation for "new losers," can encourage socially useful steps in anticipation of change. Professor Levmore argues that the anticipation-oriented approach logically extends to embrace anticipation by "new winners" and governments as well as new losers. If all parties' anticipatory incentives are considered, familiar rules, ranging from statutes of limitations to retroactivity and to compensatory payments for government takings, seem quite sensible. And if these rules are drawn …
The Scope Of Criminal Forfeiture Under Rico: The Appropriate Definition Of Proceeds, Anup Malani
The Scope Of Criminal Forfeiture Under Rico: The Appropriate Definition Of Proceeds, Anup Malani
Articles
No abstract provided.
Regulating Network Industries: A Look At Intel, Randal C. Picker
Regulating Network Industries: A Look At Intel, Randal C. Picker
Articles
No abstract provided.
Rethinking Cost-Benefit Analysis, Eric A. Posner, Matthew D. Adler
Rethinking Cost-Benefit Analysis, Eric A. Posner, Matthew D. Adler
Articles
No abstract provided.
Should Debtors Be Forced Into Chapter 13?, Eric A. Posner
Should Debtors Be Forced Into Chapter 13?, Eric A. Posner
Articles
No abstract provided.
A Positive Theory Of Chapter 11, Eric A. Posner, Kevin A. Kordana
A Positive Theory Of Chapter 11, Eric A. Posner, Kevin A. Kordana
Articles
This Article is the first comprehensive analysis of the complicated voting rules of Chapter 11. Under these rules, only the debtor may propose a plan of reorganization during a lengthy exclusivity period, creditors are placed in classes which vote separately on the plan, voting is based on a bicameral system with both majority and supermajority requirements, and a plan may be confirmed only if, among other things, every nonconsenting creditor receives at least as much as it would have if the firm were liquidated under Chapter Z Chapter 11's rules are idiosyncratic and difficult to understand, yet the literature on …
On The Alleged 'Sophistication' Of Academic Moralism, Richard A. Posner
On The Alleged 'Sophistication' Of Academic Moralism, Richard A. Posner
Articles
No abstract provided.
Dworkin, Polemics, And The Clinton Impeachment Controversy, Richard A. Posner
Dworkin, Polemics, And The Clinton Impeachment Controversy, Richard A. Posner
Articles
No abstract provided.
An Economic Approach To The Law Of Evidence, Richard A. Posner
An Economic Approach To The Law Of Evidence, Richard A. Posner
Articles
In this article, Judge Richard A. Posner presents the first comprehensive economic analysis of the law of evidence. The article is presented in three parts. First, Judge Posner proposes and describes two possible economic models, both a search and a cost-minimization approach, to describe how evidence is obtained, presented, and evaluated. In both, he incorporates Bayes' theorem to examine rational decisionmaking. Second, he examines the evidence gathering process, comparing and contrasting, in economic terms, the "inquisitorial" and "adversarial" systems of justice. The inquisitorial system, at first glance, appears to be more economically efficient. This, though, may be illusory, a result …
Status Signaling And The Law, With Particular Application To Sexual Harassment, Richard A. Posner, Gertrud M. Fremling
Status Signaling And The Law, With Particular Application To Sexual Harassment, Richard A. Posner, Gertrud M. Fremling
Articles
No abstract provided.
Tribute To Curtis J. Berger, Michael H. Schill
The Impact Of The Capital Markets On Real Estate Law And Practice, Michael H. Schill
The Impact Of The Capital Markets On Real Estate Law And Practice, Michael H. Schill
Articles
No abstract provided.
What Is Constitutional Theory?, David A. Strauss
What Is Constitutional Theory?, David A. Strauss
Articles
Just what is constitutional theory? How can it be, as Professor Fallon rightly says, that constitutional theory is both descriptive and prescriptive, and is supposed to produce results that seem morally right but also some results that make the theory's proponents uncomfortable? In this Reply, Professor Strauss argues that a constitutional theory tries to draw upon bases of agreement that exist within a legal culture and to extend those agreed-upon principles to resolve more controversial issues. In our culture, for example, there is widespread agreement both on abstract principles- such as the idea that the text of the Constitution is …
First Amendment Entitlements And Government Motives: A Reply To Professor Merrill, David A. Strauss
First Amendment Entitlements And Government Motives: A Reply To Professor Merrill, David A. Strauss
Articles
No abstract provided.
Formalism In The Tax Law, David A. Weisbach
Is Cooperation Possible?, Diane P. Wood
The Qualities Of A Justice: Harry A. Blackmun, Diane P. Wood
The Qualities Of A Justice: Harry A. Blackmun, Diane P. Wood
Articles
No abstract provided.
Sex Discrimination In Life And Law, Diane P. Wood
International Law And Federalism: What Is The Reach Of Regulation?, Diane P. Wood
International Law And Federalism: What Is The Reach Of Regulation?, Diane P. Wood
Articles
No abstract provided.
The Tentative Case Against Flexibility In Commercial Law, Omri Ben-Shahar
The Tentative Case Against Flexibility In Commercial Law, Omri Ben-Shahar
Articles
No abstract provided.
Introduction To Baxter Symposium, Richard A. Posner
Magna Carta And The Ius Commune, Richard H. Helmholz
Magna Carta And The Ius Commune, Richard H. Helmholz
Articles
The English Magna Carta (1215) has long stood as a symbol of human liberty and the rule of law. This Article investigates its intellectual origins, suggesting the existence of possible influence on the Charter by the contemporary ius commune, the amalgam of Roman and canon laws that had emerged in consequence of the revival of legal studies on the Continent in the twelfth century. Comparing the substance of over half of the chapters with the contemporary ius commune, the Article demonstrates that many similarities existed. Accepting the possibility of use of Continental sources in drafting the Charter helps explain otherwise …
Doing Without Speed Limits, Cass R. Sunstein, Robert E. King
Doing Without Speed Limits, Cass R. Sunstein, Robert E. King
Articles
No abstract provided.
From Consumer Sovereignty To Cost-Benefit Analysis: An Incompletely Theorized Agreement, Cass R. Sunstein
From Consumer Sovereignty To Cost-Benefit Analysis: An Incompletely Theorized Agreement, Cass R. Sunstein
Articles
No abstract provided.
Is The Clean Air Act Unconstitutional?, Cass R. Sunstein
Is The Clean Air Act Unconstitutional?, Cass R. Sunstein
Articles
No abstract provided.
Must Formalism Be Defended Empirically ?, Cass R. Sunstein
Must Formalism Be Defended Empirically ?, Cass R. Sunstein
Articles
No abstract provided.
Professors And Politics, Cass R. Sunstein
Two Phone Calls, Cass R. Sunstein
The New Formalism In United States Foreign Relations Law, Jack L. Goldsmith
The New Formalism In United States Foreign Relations Law, Jack L. Goldsmith
Articles
No abstract provided.
Confusion About Custom: Disentangling Informal Customs From Standard Contractual Provisions, Richard A. Epstein
Confusion About Custom: Disentangling Informal Customs From Standard Contractual Provisions, Richard A. Epstein
Articles
No abstract provided.