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Full-Text Articles in Law

Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein Jan 1995

Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein

Articles

No abstract provided.


Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein Jan 1995

Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein

Articles

No abstract provided.


Five Theses On Originalism, Cass R. Sunstein Jan 1995

Five Theses On Originalism, Cass R. Sunstein

Articles

No abstract provided.


On The Expressive Function Of Law, Cass R. Sunstein Jan 1995

On The Expressive Function Of Law, Cass R. Sunstein

Articles

No abstract provided.


Problems With Rules, Cass R. Sunstein Jan 1995

Problems With Rules, Cass R. Sunstein

Articles

Many of the most difficult issues in law involve the choice between rules and rulelessness in cases where both seem unacceptable. The principal goal of this Article is to point the way toward a more refined understanding of the ideal of the rule of law, one that sees a degree of particularity, and a degree of law-making at the point of application, as important parts of that ideal. The Article defends a form of casuistry and describes the potentially democratic foundations of the casuistical enterprise in law. It begins by describing the distinctive advantages of rules and law via rules, …


Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes Jan 1995

Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes

Articles

No abstract provided.


The Idea Of A Useable Past, Cass R. Sunstein Jan 1995

The Idea Of A Useable Past, Cass R. Sunstein

Articles

No abstract provided.


Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein Jan 1995

Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein

Articles

No abstract provided.


Judicial Biography: History, Myth, Literature, Fiction, Potpourri Judicial Biography Symposium: Keynote, Philip B. Kurland Jan 1995

Judicial Biography: History, Myth, Literature, Fiction, Potpourri Judicial Biography Symposium: Keynote, Philip B. Kurland

Articles

No abstract provided.


Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker Jan 1995

Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker

Articles

No abstract provided.


Confirmation Messes, Old And New (Reviewing Stephen L. Carter, The Confirmation Mess (1994)), Elena Kagan Jan 1995

Confirmation Messes, Old And New (Reviewing Stephen L. Carter, The Confirmation Mess (1994)), Elena Kagan

Articles

No abstract provided.


Establishment And Toleration In Edmund Burke's Constitution Of Freedom, Michael W. Mcconnell Jan 1995

Establishment And Toleration In Edmund Burke's Constitution Of Freedom, Michael W. Mcconnell

Articles

No abstract provided.


Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein Jan 1995

Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein

Articles

No abstract provided.


Budget Deficits And The Intergenerational Distribution Of Lifetime Consumption, Daniel N. Shaviro Jan 1995

Budget Deficits And The Intergenerational Distribution Of Lifetime Consumption, Daniel N. Shaviro

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Explaining Deviations From The Fifty Percent Rule: A Multimodal Approach To The Selection Of Cases For Litigation, Daniel P. Kessler, Thomas Meites, Geoffrey P. Miller Jan 1995

Explaining Deviations From The Fifty Percent Rule: A Multimodal Approach To The Selection Of Cases For Litigation, Daniel P. Kessler, Thomas Meites, Geoffrey P. Miller

Coase-Sandor Institute for Law & Economics Research Paper Series

In their 1984 article, Priest and Klein show that a simple divergent expectations model of the decision to litigate leads to a plaintiff success rate at trial that approaches 50 percent as the fraction of cases going to trial approaches zero. However, an extensive empirical literature has documented that plaintiffs win far fewer than half of their cases. As Priest and Klein observe, this conflict between the predictions of the model and the empirical literature may be attributable to violations in the data of the assumptions behind the simple model. Based on data from 3,529 cases, we find that "multimodal" …


Law, Diplomacy, And Force: North Korea And The Bomb, Kenneth W. Dam Dec 1994

Law, Diplomacy, And Force: North Korea And The Bomb, Kenneth W. Dam

Occasional Papers

No abstract provided.


Natural Rights: Before And After Columbus, Brian Tierney Nov 1994

Natural Rights: Before And After Columbus, Brian Tierney

Fulton Lectures

No abstract provided.


Rules And Rulelessness, Cass R. Sunstein Oct 1994

Rules And Rulelessness, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


The Place Of Caste Under The Civil Rights Laws: From Jim Crow To Same Sex Marriages, Richard A. Epstein Aug 1994

The Place Of Caste Under The Civil Rights Laws: From Jim Crow To Same Sex Marriages, Richard A. Epstein

Articles

No abstract provided.


Settlement Escrows, Geoffrey P. Miller, Robert H. Gertner Aug 1994

Settlement Escrows, Geoffrey P. Miller, Robert H. Gertner

Coase-Sandor Institute for Law & Economics Research Paper Series

This article is structured as follows. Part I considers the reasons why cases do not settle, or why they do not settle more quickly than they do, and discusses how settlement escrows can facilitate settlement in each context. Part II provides a game-theoretic model of a settlement escrow in order to further demonstrate how this device can reduce delay and promote settlement in the presence of asymmetric information. In the model, the use of an escrow device results in a higher level of settlement than would occur in the absence of the escrow, and thus saves transactions costs for the …


Some Economic Considerations In The Intellectual Property Protection Of Software, Kenneth W. Dam Aug 1994

Some Economic Considerations In The Intellectual Property Protection Of Software, Kenneth W. Dam

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


The Constitution In Congress: The First Congress, 1789-1791, David P. Currie Jun 1994

The Constitution In Congress: The First Congress, 1789-1791, David P. Currie

Occasional Papers

No abstract provided.


An Introduction To Game Theory And The Law, Randal C. Picker Jun 1994

An Introduction To Game Theory And The Law, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell May 1994

Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell

Articles

No abstract provided.


Nations Without States, Gidon A. G. Gottlieb May 1994

Nations Without States, Gidon A. G. Gottlieb

Articles

No abstract provided.


The State Of Madison's Vision Of The State, Frank H. Easterbrook Apr 1994

The State Of Madison's Vision Of The State, Frank H. Easterbrook

Articles

No abstract provided.


The Ubiquity Of The Benefit Principle, Richard A. Epstein Mar 1994

The Ubiquity Of The Benefit Principle, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


The Legal Regulation Of Genetic Discrimination: Old Responses To New Technology, Richard A. Epstein Jan 1994

The Legal Regulation Of Genetic Discrimination: Old Responses To New Technology, Richard A. Epstein

Articles

No abstract provided.


Incompletely Theorized Agreements Commentary, Cass R. Sunstein Jan 1994

Incompletely Theorized Agreements Commentary, Cass R. Sunstein

Articles

No abstract provided.


Reproductive Hazards After Johnson Controls, Mary E. Becker Jan 1994

Reproductive Hazards After Johnson Controls, Mary E. Becker

Articles

No abstract provided.