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Full-Text Articles in Law
Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein
Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein
Articles
No abstract provided.
Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein
Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein
Articles
No abstract provided.
Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker
Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker
Articles
No abstract provided.
Offer, Acceptance, And Efficient Reliance, Richard Craswell
Offer, Acceptance, And Efficient Reliance, Richard Craswell
Articles
In this article, Professor Craswell explores efficient reliance as an implicit economic rationale underlying courts' decisions in contract formation cases. Contracting parties often fail to express their intentions clearly and courts must later decide what the parties would have wanted ex ante. When negotiations fail, one party (S) may deny ever making a commitment, while the other party (B) may claim to have relied on the first party's statements or conduct. Professor Craswell observes that courts often find a binding commitment by S when reliance by B would have been efficient. After explaining when reliance is efficient, and why the …
The Problem Of Social Cost: The Citations, Ronald H. Coase
The Problem Of Social Cost: The Citations, Ronald H. Coase
Articles
No abstract provided.
Contract And Trust In Corporate Law: The Case Of Corporate Opportunity, Richard A. Epstein
Contract And Trust In Corporate Law: The Case Of Corporate Opportunity, Richard A. Epstein
Articles
No abstract provided.
The U.S. Response To Hiv: Alternate Explanations And The Lessons Of 'Success', Julie Roin
The U.S. Response To Hiv: Alternate Explanations And The Lessons Of 'Success', Julie Roin
Articles
No abstract provided.
How Free Is Speech At Work?, Mary E. Becker
Private Speech, Public Purpose: The Role Of Governmental Motive In First Amendment Doctrine, Elena Kagan
Private Speech, Public Purpose: The Role Of Governmental Motive In First Amendment Doctrine, Elena Kagan
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No abstract provided.
When A Speech Code Is A Speech Code: The Stanford Policy And The Theory Of Incidental Restraints, Elena Kagan
When A Speech Code Is A Speech Code: The Stanford Policy And The Theory Of Incidental Restraints, Elena Kagan
Articles
No abstract provided.
The Regulation Of Groups: The Influence Of Legal And Nonlegal Sanctions On Collective Action, Eric A. Posner
The Regulation Of Groups: The Influence Of Legal And Nonlegal Sanctions On Collective Action, Eric A. Posner
Articles
No abstract provided.
Some Doubts On Constitutional Indeterminacy, Richard A. Epstein
Some Doubts On Constitutional Indeterminacy, Richard A. Epstein
Articles
No abstract provided.
Heidegger And The Theory Of Adjudication, Brian Leiter
You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss
You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss
Articles
A lawyer representing seven-year-old James discussed James' options with him at considerable length. She explained to him that he had a number of choices about where he would live, some with family, some in foster care, and she took pains to discuss the likely consequences of each of his choices. James participated actively in the conversation, and had no trouble following the substance of the discussion. At the end of their conversation, the lawyer asked James what option he would like her to pursue. His direction to counsel: "I think I'd like to live with you.
Alternatives To Originalism, Frank H. Easterbrook
Merchant Law In A Merchant Court: Rethinking The Code's Search For Immanent Business Norms, Lisa Bernstein
Merchant Law In A Merchant Court: Rethinking The Code's Search For Immanent Business Norms, Lisa Bernstein
Articles
No abstract provided.
Bad Faith Breach Of Contract By First-Party Insurers, Alan O. Sykes
Bad Faith Breach Of Contract By First-Party Insurers, Alan O. Sykes
Articles
Insurers may at times exploit the delay inherent in the civil litigation process to induce needy insureds to settle for less than the amount that the contract promises. The prospect of extracontractual remedies for such "bad faith" at the end of the litigation process can make these tactics unprofitable and thus serve a potentially valuable function. But the remedy may be worse than the problem, as the courts seem to find bad faith on the part of insurers who have genuine and reasonable disputes with their policyholders over the terms of the policy or over factual issues essential to the …
On The Expressive Function Of Law Special Reports, Cass R. Sunstein
On The Expressive Function Of Law Special Reports, Cass R. Sunstein
Articles
No abstract provided.
Public Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein
Public Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein
Articles
No abstract provided.
Right To Die, The, Cass R. Sunstein
Social Norms And Social Roles, Cass R. Sunstein
The Importance Of Humility In Judicial Review: A Comment On Ronald Dworkin's Moral Reading Of The Constitution, Michael W. Mcconnell
The Importance Of Humility In Judicial Review: A Comment On Ronald Dworkin's Moral Reading Of The Constitution, Michael W. Mcconnell
Articles
No abstract provided.
The Subtle Vices Of The Employment Discrimination Laws, Richard A. Epstein
The Subtle Vices Of The Employment Discrimination Laws, Richard A. Epstein
Articles
No abstract provided.
The Remote Causes Of Affirmative Action, Or School Desegregation In Kansas City, Missouri, Richard A. Epstein
The Remote Causes Of Affirmative Action, Or School Desegregation In Kansas City, Missouri, Richard A. Epstein
Articles
No abstract provided.
Property Rights In Cdna Sequences: A New Resident For The Public Domain, Richard A. Epstein
Property Rights In Cdna Sequences: A New Resident For The Public Domain, Richard A. Epstein
Articles
No abstract provided.
The Tort/Crime Distinction: A Generation Later, Richard A. Epstein
The Tort/Crime Distinction: A Generation Later, Richard A. Epstein
Articles
No abstract provided.
The Takings Jurisprudence Of The Warren Court: A Constitutional Siesta, Richard A. Epstein
The Takings Jurisprudence Of The Warren Court: A Constitutional Siesta, Richard A. Epstein
Articles
No abstract provided.
Whose Democratic Vision Of The Takings Clause? A Comment On Frank Michelman's Testimony On Senate Bill 605, Richard A. Epstein
Whose Democratic Vision Of The Takings Clause? A Comment On Frank Michelman's Testimony On Senate Bill 605, Richard A. Epstein
Articles
No abstract provided.
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard E. Harcourt
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard E. Harcourt
Articles
No abstract provided.
Unconditional Relationships, Saul Levmore