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Articles

University of Chicago Law School

1998

Articles 1 - 30 of 64

Full-Text Articles in Law

Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein Dec 1998

Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein

Articles

No abstract provided.


The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley Oct 1998

The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley

Articles

No abstract provided.


A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler May 1998

A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler

Articles

Economic analysis of law usually proceeds under the assumptions of neoclassical economics. But empirical evidence gives much reason to doubt these assumptions; people exhibit bounded rationality, bounded self-interest, and bounded willpower. This article


The Problematics Of Moral And Legal Theory, Richard A. Posner May 1998

The Problematics Of Moral And Legal Theory, Richard A. Posner

Articles

In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …


Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert Alschuler Jan 1998

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert Alschuler

Articles

No abstract provided.


Federalism And The Family Reconstructed, Jill Elaine Hasday Jan 1998

Federalism And The Family Reconstructed, Jill Elaine Hasday

Articles

No abstract provided.


Professionalisms, Richard A. Posner Jan 1998

Professionalisms, Richard A. Posner

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No abstract provided.


Incommensurability: Truth Or Consequences?, Brian Leiter Jan 1998

Incommensurability: Truth Or Consequences?, Brian Leiter

Articles

No abstract provided.


Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore Jan 1998

Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore

Articles

No abstract provided.


The Demand For Human Cloning, Richard A. Posner, Eric A. Posner Jan 1998

The Demand For Human Cloning, Richard A. Posner, Eric A. Posner

Articles

No abstract provided.


Against Constitutional Theory, Richard A. Posner Jan 1998

Against Constitutional Theory, Richard A. Posner

Articles

In this Madison Lecture, Chief Judge Posner advocates a pragmatic approach to constitutional decisionmaking, criticizing constitutional theorists who conceal their normative goals in vague and unworkable principles of interpretation. After discussing specific constitutional theories as well as the legal academy's increasing reliance on theory in genera Posner demonstrates the ineffectuality of constitutional theory, using the Supreme Court's decisions in United States v. Virginia and Romer v. Evans as examples. He argues not that these cases were necessarily wrongly decided, but that the opinions lack the empirical support that is crucial to sound constitutional adjudication. Posner urges law professors to focus …


Why It's Not Free Speech Versus Fair Trial, David A. Strauss Jan 1998

Why It's Not Free Speech Versus Fair Trial, David A. Strauss

Articles

No abstract provided.


Affirmative Action, Caste, And Cultural Comparisons Correspondence, Cass R. Sunstein Jan 1998

Affirmative Action, Caste, And Cultural Comparisons Correspondence, Cass R. Sunstein

Articles

No abstract provided.


Bad Incentives And Bad Institutions, Cass R. Sunstein Jan 1998

Bad Incentives And Bad Institutions, Cass R. Sunstein

Articles

No abstract provided.


Lawyers And Confidentiality, Daniel R. Fischel Jan 1998

Lawyers And Confidentiality, Daniel R. Fischel

Articles

No abstract provided.


When The Taking Itself Is Just Compensation, Lior Strahilevitz Jan 1998

When The Taking Itself Is Just Compensation, Lior Strahilevitz

Articles

No abstract provided.


Protecting Property With Legal Remedies: A Common Sense Reply To Professor Ayres, Richard A. Epstein Jan 1998

Protecting Property With Legal Remedies: A Common Sense Reply To Professor Ayres, Richard A. Epstein

Articles

No abstract provided.


Living Dangerously: A Defense Of Mortal Peril, Richard A. Epstein Jan 1998

Living Dangerously: A Defense Of Mortal Peril, Richard A. Epstein

Articles

As one of the most controversial writers of our time, just the name Richard Epstein draws immediate attention from all sectors of academia. But if the hallmark of great ideas is the criticism they engender, Professor Epstein's words and thoughts are powerful indeed. In Mortal Peril, Professor Epstein outlined a fundamental shift in thinking that he claimed needed to occur before any discussion of health care could take place. The final consensus of the validity of Professor Epstein's views may still be a matter for history to judge, but in many ways, he has already won; with the strength of …


The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker Jan 1998

The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker

Articles

No abstract provided.


Explaining The Public Wariness Of Juries, Albert W. Alschuler Jan 1998

Explaining The Public Wariness Of Juries, Albert W. Alschuler

Articles

No abstract provided.


Antiquated Procedures Or Bedrock Rights: A Response To Professors Meares And Kahan The Right To A Fair Trial, Albert Alschuler, Stephen J. Schulhofer Jan 1998

Antiquated Procedures Or Bedrock Rights: A Response To Professors Meares And Kahan The Right To A Fair Trial, Albert Alschuler, Stephen J. Schulhofer

Articles

No abstract provided.


Formalism, Functionalism, Ignorance, Judges, Frank H. Easterbrook Jan 1998

Formalism, Functionalism, Ignorance, Judges, Frank H. Easterbrook

Articles

No abstract provided.


The Cartelization Of Commerce, Richard A. Epstein Jan 1998

The Cartelization Of Commerce, Richard A. Epstein

Articles

No abstract provided.


Justice Harry A. Blackmun And The Responsibility Of Judging, Diane P. Wood Jan 1998

Justice Harry A. Blackmun And The Responsibility Of Judging, Diane P. Wood

Articles

No abstract provided.


Impeaching The President Essay, Cass R. Sunstein Jan 1998

Impeaching The President Essay, Cass R. Sunstein

Articles

No abstract provided.


Risk Assessment, Resource Allocation, And Fairness: Evidence From Law Students, Cass R. Sunstein, Christopher E. Houston Jan 1998

Risk Assessment, Resource Allocation, And Fairness: Evidence From Law Students, Cass R. Sunstein, Christopher E. Houston

Articles

No abstract provided.


Comparative Advantage And The Normative Economics Of International Trade Policy, Alan O. Sykes Jan 1998

Comparative Advantage And The Normative Economics Of International Trade Policy, Alan O. Sykes

Articles

No abstract provided.


Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein Jan 1998

Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein

Articles

No abstract provided.


Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt Jan 1998

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Articles

No abstract provided.


Taxes As Ballots, Saul Levmore Jan 1998

Taxes As Ballots, Saul Levmore

Articles

No abstract provided.