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Full-Text Articles in Law
Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein
Lessons From A Debacle: From Impeachment To Reform, Cass R. Sunstein
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No abstract provided.
The Case Of The Speluncean Explorers: Revisited, Cass R. Sunstein
The Case Of The Speluncean Explorers: Revisited, Cass R. Sunstein
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No abstract provided.
The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook
The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook
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No abstract provided.
Atticus Finch, In Context, Randolph N. Stone
The Assault That Failed: The Progressive Critique Of Laissez Faire (Reviewing Barbara H. Fried, The Progressive Assault On Laissez Faire : Robert Hale And The First Law And Economics Movement (1998)), Richard A. Epstein
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No abstract provided.
Civil Settlement During Rape Prosecutions, William Hubbard
Civil Settlement During Rape Prosecutions, William Hubbard
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No abstract provided.
The Questionable Empirical Basis Of Article 2'S Incorporation Strategy: A Preliminary Study, Lisa Bernstein
The Questionable Empirical Basis Of Article 2'S Incorporation Strategy: A Preliminary Study, Lisa Bernstein
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No abstract provided.
Breard, Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley
Breard, Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley
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In its decision last Term in 'Breard v. Greene,' the Supreme Court refused to stay the execution of Angel Breard, an inmate in Virginia, even though Virginia had violated a treaty on consular relations and the International Court of Justice had ordered the United States to "take all measures at its disposal" to stay the execution. The international law academy has been heavily critical of the Supreme Court's decision and other aspects of the United States' handling of the Breard case. In this article Professor Bradley argues that the criticisms by the academy reflect an "international conception" of the relationship …
Tribute To Curtis J. Berger, Michael H. Schill
Introduction To Baxter Symposium, Richard A. Posner
Must Formalism Be Defended Empirically ?, Cass R. Sunstein
Must Formalism Be Defended Empirically ?, Cass R. Sunstein
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No abstract provided.
The (Limited) Role Of Regulatory Harmonization In International Goods And Services Markets, Alan O. Sykes
The (Limited) Role Of Regulatory Harmonization In International Goods And Services Markets, Alan O. Sykes
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With the conclusion of the Uruguay Round and its agreements relating to technical barriers, much attention has been devoted to the possibility of harmonizing international regulatory policies to reduce the impediments to commerce that result from regulatory heterogeneity. This paper argues that, as a normative matter, harmonization is inferior to a legal system that tolerates regulatory differences subject to legal constraints, and that relies on mutual recognition where appropriate (the exception to this claim being matters of technical compatibility between products). Related, as a positive matter, harmonization will often lack any political constituency and thus instances of true harmonization will …
Changes, Anticipations, And Reparations, Saul Levmore
Changes, Anticipations, And Reparations, Saul Levmore
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Conventional views of legal change emphasize the values of certainty and reliance, and are therefore hostile to explicitly retroactive laws. Contemporary scholarship, however, allows that a policy of aggressive legal change, with no compensation for "new losers," can encourage socially useful steps in anticipation of change. Professor Levmore argues that the anticipation-oriented approach logically extends to embrace anticipation by "new winners" and governments as well as new losers. If all parties' anticipatory incentives are considered, familiar rules, ranging from statutes of limitations to retroactivity and to compensatory payments for government takings, seem quite sensible. And if these rules are drawn …
Regulating Network Industries: A Look At Intel, Randal C. Picker
Regulating Network Industries: A Look At Intel, Randal C. Picker
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No abstract provided.
Arbitration And The Harmonization Of International Commercial Law: A Defense Of Mitsubishi, Eric A. Posner
Arbitration And The Harmonization Of International Commercial Law: A Defense Of Mitsubishi, Eric A. Posner
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No abstract provided.
An Economic Approach To The Law Of Evidence, Richard A. Posner
An Economic Approach To The Law Of Evidence, Richard A. Posner
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In this article, Judge Richard A. Posner presents the first comprehensive economic analysis of the law of evidence. The article is presented in three parts. First, Judge Posner proposes and describes two possible economic models, both a search and a cost-minimization approach, to describe how evidence is obtained, presented, and evaluated. In both, he incorporates Bayes' theorem to examine rational decisionmaking. Second, he examines the evidence gathering process, comparing and contrasting, in economic terms, the "inquisitorial" and "adversarial" systems of justice. The inquisitorial system, at first glance, appears to be more economically efficient. This, though, may be illusory, a result …
Incentives, Reputation, And The Glorious Determinants Of Judicial Behavior, Gerald Rosenberg
Incentives, Reputation, And The Glorious Determinants Of Judicial Behavior, Gerald Rosenberg
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No abstract provided.
What Is Constitutional Theory?, David A. Strauss
What Is Constitutional Theory?, David A. Strauss
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Just what is constitutional theory? How can it be, as Professor Fallon rightly says, that constitutional theory is both descriptive and prescriptive, and is supposed to produce results that seem morally right but also some results that make the theory's proponents uncomfortable? In this Reply, Professor Strauss argues that a constitutional theory tries to draw upon bases of agreement that exist within a legal culture and to extend those agreed-upon principles to resolve more controversial issues. In our culture, for example, there is widespread agreement both on abstract principles- such as the idea that the text of the Constitution is …
Formalism In The Tax Law, David A. Weisbach
Two Phone Calls, Cass R. Sunstein
Very Stereotype The Law Condemns: Constitutional Sex Discrimination Law As A Quest For Perfect Proxies, Mary Anne Case
Very Stereotype The Law Condemns: Constitutional Sex Discrimination Law As A Quest For Perfect Proxies, Mary Anne Case
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No abstract provided.
The New Formalism In United States Foreign Relations Law, Jack L. Goldsmith
The New Formalism In United States Foreign Relations Law, Jack L. Goldsmith
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No abstract provided.
Regulatory Protectionism And The Law Of International Trade, Alan O. Sykes
Regulatory Protectionism And The Law Of International Trade, Alan O. Sykes
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A wide array of policy instruments can protect domestic firms against foreign competition. Regulatory measures that raise the costs of foreign firms relative to domestic firms are exceptionally wasteful protectionist devices, however, with deadweight costs that can greatly exceed those of traditional protectionist instruments such as tariffs and quotas. This Article develops the welfare economics of regulatory protectionism and a related political economy analysis of the national and international legal systems that must confront it, including the WTO, the NAFTA, the European Union, and the United States federal system. It explains why regulatory measures that serve no purpose other than …
Externalities In Open Economy Antitrust And Their Implications For International Competition Policy Competition, Free Markets, And The Law-Symposium On Law And Public Policy-1999, Alan O. Sykes
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No abstract provided.
Controlling The Costs Of Alternative Medicine, Lior Strahilevitz
Controlling The Costs Of Alternative Medicine, Lior Strahilevitz
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No abstract provided.
Property Rights Claims Of Indigenous Populations: The View From The Common Law, Richard A. Epstein
Property Rights Claims Of Indigenous Populations: The View From The Common Law, Richard A. Epstein
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No abstract provided.
Social And Economic Rights - Lessons From South Africa New Developments In World Constitutionalism, Cass R. Sunstein
Social And Economic Rights - Lessons From South Africa New Developments In World Constitutionalism, Cass R. Sunstein
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No abstract provided.
First Amendment Entitlements And Government Motives: A Reply To Professor Merrill, David A. Strauss
First Amendment Entitlements And Government Motives: A Reply To Professor Merrill, David A. Strauss
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No abstract provided.
Impeachment And Presidential Immunity From Judicial Process, Joseph Isenbergh
Impeachment And Presidential Immunity From Judicial Process, Joseph Isenbergh
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No abstract provided.
The Securitization Of Debt And Equity In Real Estate: Prospects For Law In The Twenty-First Century, Michael H. Schill
The Securitization Of Debt And Equity In Real Estate: Prospects For Law In The Twenty-First Century, Michael H. Schill
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No abstract provided.