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Full-Text Articles in Law
Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein
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
The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
The Problematics Of Moral And Legal Theory, Richard A. Posner
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, …
A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler
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
Why It's Not Free Speech Versus Fair Trial, David A. Strauss
Why It's Not Free Speech Versus Fair Trial, David A. Strauss
Articles
No abstract provided.
Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore
Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore
Articles
No abstract provided.
Race And Selective Prosecution: Discovering The Pitfalls Of Armstrong, Richard H. Mcadams
Race And Selective Prosecution: Discovering The Pitfalls Of Armstrong, Richard H. Mcadams
Articles
No abstract provided.
Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner
Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
No abstract provided.
When The Taking Itself Is Just Compensation, Lior Strahilevitz
When The Taking Itself Is Just Compensation, Lior Strahilevitz
Articles
No abstract provided.
Deepening Democracy: Mongolia, Tom Ginsburg
Affirmative Action For The Next Millennium, Richard A. Epstein
Affirmative Action For The Next Millennium, 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
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.
Realism And Formalism In The Severance Of Joint Tenancies, Richard H. Helmholz
Realism And Formalism In The Severance Of Joint Tenancies, Richard H. Helmholz
Articles
No abstract provided.
Incommensurability: Truth Or Consequences?, Brian Leiter
Incommensurability: Truth Or Consequences?, Brian Leiter
Articles
No abstract provided.
Symposium On Race And Criminal Law: Introduction, Richard H. Mcadams
Symposium On Race And Criminal Law: Introduction, Richard H. Mcadams
Articles
No abstract provided.
Modeling Morality: What Are The Limits To Self-Directed Preference Change?, Richard H. Mcadams
Modeling Morality: What Are The Limits To Self-Directed Preference Change?, Richard H. Mcadams
Articles
No abstract provided.
The Demand For Human Cloning, Richard A. Posner, Eric A. Posner
The Demand For Human Cloning, Richard A. Posner, Eric A. Posner
Articles
No abstract provided.
Joint Custody And Strategic Behavior, Saul Levmore
The Balanced Budget Amendment And Social Security: An Alternative Means Of Judicial Enforcement, Lior Strahilevitz
The Balanced Budget Amendment And Social Security: An Alternative Means Of Judicial Enforcement, Lior Strahilevitz
Articles
No abstract provided.
The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker
The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker
Articles
No abstract provided.
How To Win The Trial Of The Century: The Ethics Of Lord Brougham And The O. J. Simpson Defense Team, Albert W. Alschuler
How To Win The Trial Of The Century: The Ethics Of Lord Brougham And The O. J. Simpson Defense Team, Albert W. Alschuler
Articles
No abstract provided.
Against Constitutional Theory, Richard A. Posner
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 …
Professionalisms, Richard A. Posner
Strategic Basis Of Principled Behavior: A Critique Of The Incommensurability Thesis, Eric A. Posner
Strategic Basis Of Principled Behavior: A Critique Of The Incommensurability Thesis, Eric A. Posner
Articles
No abstract provided.
Justice Harry A. Blackmun And The Responsibility Of Judging, Diane P. Wood
Justice Harry A. Blackmun And The Responsibility Of Judging, Diane P. Wood
Articles
No abstract provided.
Against Ethical Criticism: Part Two, Richard A. Posner
Explaining The Public Wariness Of Juries, Albert W. Alschuler
Explaining The Public Wariness Of Juries, Albert W. Alschuler
Articles
No abstract provided.
Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein
Pennsylvania Coal V. Mahon: The Erratic Takings Jurisprudence Of Justice Holmes, Richard A. Epstein
Articles
No abstract provided.
Protecting Property With Legal Remedies: A Common Sense Reply To Professor Ayres, Richard A. Epstein
Protecting Property With Legal Remedies: A Common Sense Reply To Professor Ayres, Richard A. Epstein
Articles
No abstract provided.
Rfra, David P. Currie