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Full-Text Articles in Law
Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner
Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner
Articles
No abstract provided.
Hugo Black Among Friends, Dennis J. Hutchinson
The Limits Of Lieber, Lawrence Lessig
Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig
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 Regulation Of Social Meaning, Lawrence Lessig
Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein
Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein
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
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.
A Thoretical And Empirical Investigation Of Public Health Subsidies For Std Testing, Richard A. Posner, Tomas J. Philipson
A Thoretical And Empirical Investigation Of Public Health Subsidies For Std Testing, Richard A. Posner, Tomas J. Philipson
Articles
No abstract provided.
Establishment And Toleration In Edmund Burke's Constitution Of Freedom, Michael W. Mcconnell
Establishment And Toleration In Edmund Burke's Constitution Of Freedom, Michael W. Mcconnell
Articles
No abstract provided.
Between Russia And China: Political Reform In Mongolia, Tom Ginsburg
Between Russia And China: Political Reform In Mongolia, Tom Ginsburg
Articles
No abstract provided.
Rethinking Tax Treaties In A Strategic World With Disparate Tax Systems, Julie Roin
Rethinking Tax Treaties In A Strategic World With Disparate Tax Systems, Julie Roin
Articles
No abstract provided.
The Silicon Valley Lawyer As Transaction Cost Engineer?, Lisa Bernstein
The Silicon Valley Lawyer As Transaction Cost Engineer?, Lisa Bernstein
Articles
No abstract provided.
The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter
The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter
Articles
No abstract provided.
Confirmation Messes, Old And New (Reviewing Stephen L. Carter, The Confirmation Mess (1994)), Elena Kagan
Confirmation Messes, Old And New (Reviewing Stephen L. Carter, The Confirmation Mess (1994)), Elena Kagan
Articles
No abstract provided.
Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell
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
Judicial Biography: History, Myth, Literature, Fiction, Potpourri Judicial Biography Symposium: Keynote, Philip B. Kurland
Judicial Biography: History, Myth, Literature, Fiction, Potpourri Judicial Biography Symposium: Keynote, Philip B. Kurland
Articles
No abstract provided.
History Lean: The Reconciliation Of Private Property And Representative Government, Richard A. Epstein
History Lean: The Reconciliation Of Private Property And Representative Government, Richard A. Epstein
Articles
No abstract provided.
Judicial Biography, Richard A. Posner
The Pains Of Growing Together: The Case Of The East German Spies, David P. Currie
The Pains Of Growing Together: The Case Of The East German Spies, David P. Currie
Articles
No abstract provided.
On The Expressive Function Of Law, Cass R. Sunstein
Problems With Rules, Cass R. Sunstein
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
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Articles
No abstract provided.
Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein
Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein
Articles
No abstract provided.
What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein
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 …
The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell
The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell
Articles
No abstract provided.
The Originalist Justification For Brown: A Reply To Professor Klarman, Michael W. Mcconnell
The Originalist Justification For Brown: A Reply To Professor Klarman, Michael W. Mcconnell
Articles
No abstract provided.
Originalism And The Desegregation Decisions, Michael W. Mcconnell
Originalism And The Desegregation Decisions, Michael W. Mcconnell
Articles
No abstract provided.
Introduction, Richard A. Epstein
Two Challenges For Feminist Thought, Richard A. Epstein
Two Challenges For Feminist Thought, Richard A. Epstein
Articles
No abstract provided.