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Full-Text Articles in Law
What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner
What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner
Articles
No abstract provided.
Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner
Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner
Articles
No abstract provided.
The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz
The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz
Articles
No abstract provided.
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Articles
No abstract provided.
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Articles
In Law and Disagreement, Jeremy Waldron, born and educated in New Zealand and trained in England, mounts a powerful argument in favor of legislation as a legitimate source of authority and correspondingly denigrates the American faith in judicial review. Waldron claims among other things that a legislature's inability to achieve consensus enables legislation to resolve disputes in a way that preserves the dignity and self-respect of losers in the policy struggle. In this Book Review Essay, Judge Posner commends Waldron for his impressive criticisms of the theoretical basis for the American faith in judicial review. At the same time, he …
Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin
Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin
Articles
No abstract provided.
American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein
American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein
Articles
No abstract provided.
Orwell Versus Huxley: Economics, Technology, Privacy And Satire, Richard A. Posner
Orwell Versus Huxley: Economics, Technology, Privacy And Satire, Richard A. Posner
Articles
No abstract provided.
Mass Incarceration: Perspectives On U.S. Imprisonment, Randolph N. Stone
Mass Incarceration: Perspectives On U.S. Imprisonment, Randolph N. Stone
Articles
No abstract provided.
How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz
How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Strahilevitz
Articles
No abstract provided.
Tributes: Health, Heart And Mind: The Contributions Of Richard A. Posner To Health Law And Policy, Diane P. Wood
Tributes: Health, Heart And Mind: The Contributions Of Richard A. Posner To Health Law And Policy, Diane P. Wood
Articles
No abstract provided.
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Articles
No abstract provided.
Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein
Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein
Articles
No abstract provided.
The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein
The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein
Articles
No abstract provided.
Law And Social Norms: The Case Of Tax Compliance, Eric A. Posner
Law And Social Norms: The Case Of Tax Compliance, Eric A. Posner
Articles
No abstract provided.
Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes
Copyright, Borrowed Images, And Appropriation Art: An Economic Approach, William M. Landes
Articles
No abstract provided.
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Articles
It has been twenty years since the US Court of Appeals for the Second Circuit issued its landmark decision in Filartiga v PenaIrala. In upholding federal court jurisdiction over a suit between aliens concerning violations of international human rights standards in a foreign country, the court in Filartiga paved the way for modern international human rights litigation. As Professor David Bederman has observed, "[i]n a sense, all current human rights litigation owes its fortune to Filartiga." Since Filartiga, US courts have been confronted with two waves of international human rights litigation. The first wave has primarily involved suits, like Filartiga …
The Public Choice Threat (Reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996)), Saul Levmore
Articles
No abstract provided.
On Philosophy And Economics, Cass R. Sunstein
Standing For Animals (With Notes On Animal Rights) A Tribute To Kenneth L. Karst, Cass R. Sunstein
Standing For Animals (With Notes On Animal Rights) A Tribute To Kenneth L. Karst, Cass R. Sunstein
Articles
No abstract provided.
The Necessity For Constrained Deliberation, Richard A. Epstein
The Necessity For Constrained Deliberation, Richard A. Epstein
Articles
No abstract provided.
The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein
The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein
Articles
No abstract provided.
Privacy, Publication, And The First Amendment: The Dangers Of First Amendment Exceptionalism, Richard A. Epstein
Privacy, Publication, And The First Amendment: The Dangers Of First Amendment Exceptionalism, Richard A. Epstein
Articles
The coordination of common law and constitutional norms are of pressing importance on matters of freedom of speech. In the Supreme Court and elsewhere, it is possible to discern two sharply inconsistent attitudes toward this question. One view holds that the First Amendment simply prevents any legislative backsliding from the common law rules that protect freedom of speech and of the press, much as they protect freedom of contract and freedom of action generally. On this view, the standard rule governing damages and injunctive relief apply to speech much as they do anywhere else. On the alternative view of what …
Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein
Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein
Articles
No abstract provided.
The Uneasy Marriage Of Utilitarian And Libertarian Thought, Richard A. Epstein
The Uneasy Marriage Of Utilitarian And Libertarian Thought, Richard A. Epstein
Articles
No abstract provided.
More Than Mere Majorities, Saul Levmore
Voting With Intensity, Saul Levmore
Voting With Intensity, Saul Levmore
Articles
Can intense preferences be accommodated in voting schemes without shifting power to wealthier citizens and organized interests? This article first situates the question within the larger issue of the inalienability of some legal rights, and then focuses on collective action problems among voters. These problems offer a way to explain our present rules and intuitions regarding vote buying and related matters in areas ranging from corporate law to associations and to campaign finance reform. But in large-scale general elections, collective action problems are likely to doom strategies for extracting information about intense preferences, and they may even produce perverse results. …
Social Programs And Manageable Units, Saul Levmore
Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques
Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques
Articles
No abstract provided.
An Attitudinal Theory Of Expressive Law, Richard H. Mcadams
An Attitudinal Theory Of Expressive Law, Richard H. Mcadams
Articles
No abstract provided.