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Full-Text Articles in Law

Judicial Independence In Civil Law Regimes: Econometrics From Japan, Eric B. Rasmusen, J. Mark Ramseyer Jan 1996

Judicial Independence In Civil Law Regimes: Econometrics From Japan, Eric B. Rasmusen, J. Mark Ramseyer

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Social Norms And Social Roles, Cass R. Sunstein Jan 1996

Social Norms And Social Roles, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Remembering Nuremberg, Bernard D. Meltzer Dec 1995

Remembering Nuremberg, Bernard D. Meltzer

Occasional Papers

No abstract provided.


Intellectual Property In An Age Of Software And Biotechnology, Kenneth W. Dam Nov 1995

Intellectual Property In An Age Of Software And Biotechnology, Kenneth W. Dam

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Public Choice, J. Mark Ramseyer Nov 1995

Public Choice, J. Mark Ramseyer

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner Oct 1995

Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner

Articles

No abstract provided.


Freedom Of Contract, Richard Craswell Aug 1995

Freedom Of Contract, Richard Craswell

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Hugo Black Among Friends, Dennis J. Hutchinson May 1995

Hugo Black Among Friends, Dennis J. Hutchinson

Articles

No abstract provided.


The Limits Of Lieber, Lawrence Lessig Apr 1995

The Limits Of Lieber, Lawrence Lessig

Articles

No abstract provided.


Das Kapital: Solvency Regulation Of The American Business Enterprise, Geoffrey P. Miller Apr 1995

Das Kapital: Solvency Regulation Of The American Business Enterprise, Geoffrey P. Miller

Coase-Sandor Institute for Law & Economics Research Paper Series

In this paper, I address the question of the legal regulation of corporate capital. This is a topic that cuts across a number of distinct areas of law, and that displays significant differences between the civil law used in Europe and elsewhere and the U.S. common law system. It is fundamental to the regulation of important economic institutions, notably banks, securities firms, and insurance companies. It is a question as well that lies at the core of the discipline of corporate finance. Surprisingly, however, scholars have not attempted to unify these disparate strands of theory and of legal regulation in …


Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig Feb 1995

Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig

Articles

In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls the …


The Law And Economics Of Contract Damages, Douglas G. Baird Feb 1995

The Law And Economics Of Contract Damages, Douglas G. Baird

Coase-Sandor Institute for Law & Economics Research Paper Series

Those of us who study contracts tend to forget that most people keep the promises they make. Contract law matters because of the way it affects the behavior of everyone who enters into a contract, not just those who end up in court. In this talk, I want to show that law and economics is useful for exactly this reason. It helps us to identify the effects that legal rules have on behavior.


Table Of Contents--Issue 2, Law School Roundtable Editors Jan 1995

Table Of Contents--Issue 2, Law School Roundtable Editors

The University of Chicago Law School Roundtable

No abstract provided.


Two Challenges For Feminist Thought, Richard A. Epstein Jan 1995

Two Challenges For Feminist Thought, Richard A. Epstein

Articles

No abstract provided.


The Status-Production Sideshow: Why The Antidiscrimination Laws Are Still A Mistake, Richard A. Epstein Jan 1995

The Status-Production Sideshow: Why The Antidiscrimination Laws Are Still A Mistake, Richard A. Epstein

Articles

No abstract provided.


Dolan V. City Of Tigard: Brief Of The Institute For Justice As Amicus Curiae In Support Of Petitioner, Richard A. Epstein, William H. Mellor Iii Jan 1995

Dolan V. City Of Tigard: Brief Of The Institute For Justice As Amicus Curiae In Support Of Petitioner, Richard A. Epstein, William H. Mellor Iii

Articles

No abstract provided.


The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell Jan 1995

The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell

Articles

No abstract provided.


Using Common Law Principles In Regulatory Schemes (With A Note On Victimology), Cass R. Sunstein Jan 1995

Using Common Law Principles In Regulatory Schemes (With A Note On Victimology), Cass R. Sunstein

Articles

No abstract provided.


Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein Jan 1995

Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein

Articles

No abstract provided.


What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein Jan 1995

What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein

Articles

In this David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Sunstein begins by noting that participants in the civil rights movement were often backward looking and even conservative, invoking commitments from the nation's past and arguing against reliance on the judiciary and the Supreme Court. They stressed above all two time-honored liberal principles: freedom from desperate conditions and opposition to caste. It is wrong to say (as many now do) that the movement was founded on a principle of race neutrality, and also wrong to say (as some now do) that the movement was opposed to …


Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell Jan 1995

Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell

Articles

Autonomy-based theories hold that enforceable contracts require the knowing and voluntary consent of the parties. In defining "knowing" and "voluntary," however, autonomy theorists have paid little attention to the remedy that will be granted if consent is round to be lacking, or to the question of what obligations (if any) will be enforced in place of the unconsented-to contract. In this paper, I expand on Michael Trebilcock's argument that considerations of institutional competence-specifically, the relative ability of courts and private actors to craft acceptable substitute obligations-should sometimes play a key role in defining what counts as "knowing" and "voluntary" consent.


The Path Of Cyberlaw, Lawrence Lessig Jan 1995

The Path Of Cyberlaw, Lawrence Lessig

Articles

No abstract provided.


The Regulation Of Social Meaning, Lawrence Lessig Jan 1995

The Regulation Of Social Meaning, Lawrence Lessig

Articles

No abstract provided.


The Silicon Valley Lawyer As Transaction Cost Engineer?, Lisa Bernstein Jan 1995

The Silicon Valley Lawyer As Transaction Cost Engineer?, Lisa Bernstein

Articles

No abstract provided.


A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert Alschuler Jan 1995

A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert Alschuler

Articles

No abstract provided.


The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie Jan 1995

The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie

Articles

No abstract provided.


Judges' Writing Styles (And Do They Matter?), Richard A. Posner Jan 1995

Judges' Writing Styles (And Do They Matter?), Richard A. Posner

Articles

No abstract provided.


Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein Jan 1995

Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein

Articles

No abstract provided.


The Costs Of Enforcing Legal Rights, Richard A. Posner Jan 1995

The Costs Of Enforcing Legal Rights, Richard A. Posner

Articles

No abstract provided.


Justice Harry A. Blackmun And The Virtues Of Independence, Diane P. Wood Jan 1995

Justice Harry A. Blackmun And The Virtues Of Independence, Diane P. Wood

Articles

No abstract provided.