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Full-Text Articles in Law
Marxism And The Continuing Irrelevance Of Normative Theory (Reviewing G. A. Cohen, If You're An Egalitarian, How Come You're So Rich? (2000)), Brian Leiter
Articles
No abstract provided.
The Perception Of Risk, Cass R. Sunstein
The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
Articles
No abstract provided.
Reconstructing Family: Constructive Trust At Relational Dissolution, Laura Weinrib
Reconstructing Family: Constructive Trust At Relational Dissolution, Laura Weinrib
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No abstract provided.
Is Incoherence Outrageous?, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade
Is Incoherence Outrageous?, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade
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No abstract provided.
Is There A Constitutional Right To Clone?, Cass R. Sunstein
Is There A Constitutional Right To Clone?, Cass R. Sunstein
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No abstract provided.
Philippic.Com, Cass R. Sunstein
Philippic.Com, Cass R. Sunstein
Articles
A recent trend in so-called "second generation" legal commentary about the Internet suggests that, though it is an unparalleled communication medium and a means of engaging in global e-commerce, it is not an unmitigated force for good. Instead, the Net poses a fundamental danger to democracy. This trend takes shape in works by well-known cyberlaw theorists like Lawrence Lessig, Andrew Shapiro, and Neil Weinstock Netanel, but the most recent and most troubling criticism lies in Professor Cass Sunstein 's Republic.com. In this book, Professor Sunstein argues that perfect filtering of information on the Internet will lead to a fractured communications …
World War Ii Compensation And Foreign Relations Federalism, Curtis A. Bradley
World War Ii Compensation And Foreign Relations Federalism, Curtis A. Bradley
Articles
In the past several years, numerous suits have been filed in U.S. courts seeking compensation for personal injury or loss of property relating to events associated with World War I. These suits have been brought against sovereign defendants, such as Germany and Japan, as well as private companies, such as companies that allegedly used slave labor during the War. In this essay, I consider some of the implications of this litigation for the relationship between federalism and foreign relations.
The starting point for my analysis is an article by Justice William Brennan that, at first glance, might seem to have …
Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday
Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday
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No abstract provided.
Thinking Outside The Little Boxes: A Response To Professor Schlunk, David A. Weisbach
Thinking Outside The Little Boxes: A Response To Professor Schlunk, David A. Weisbach
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No abstract provided.
Locating Discrimination: Interactive Web Sites As Public Accommodations Under Title Ii Of The Civil Rights Act The Scope Of Equal Protection, Tara Thompson
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No abstract provided.
The End Of Bankruptcy, Douglas G. Baird, Robert K. Rasmussen
The End Of Bankruptcy, Douglas G. Baird, Robert K. Rasmussen
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No abstract provided.
Tribute To Gary T. Schwartz, Richard H. Mcadams, Thomas S. Ulen
Tribute To Gary T. Schwartz, Richard H. Mcadams, Thomas S. Ulen
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No abstract provided.
The Dubious Constitutionality Of The Copyright Term Extension Act, Richard A. Epstein
The Dubious Constitutionality Of The Copyright Term Extension Act, Richard A. Epstein
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No abstract provided.
Pragmatism Versus Purposivism In First Amendment Analysis, Richard A. Posner
Pragmatism Versus Purposivism In First Amendment Analysis, Richard A. Posner
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No abstract provided.
From Cynicism To Positive Theory In Public Choice, Saul Levmore
From Cynicism To Positive Theory In Public Choice, Saul Levmore
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No abstract provided.
Derivative Securities And Corporate Governance, Frank H. Easterbrook
Derivative Securities And Corporate Governance, Frank H. Easterbrook
Articles
No abstract provided.
Economic Structure Of Renegotiation And Dispute Resolution In The World Trade Organization, The Rational Choice And International Law, Alan O. Sykes, Warren F. Schwartz
Economic Structure Of Renegotiation And Dispute Resolution In The World Trade Organization, The Rational Choice And International Law, Alan O. Sykes, Warren F. Schwartz
Articles
The treaty creating the World Trade Organization (WTO) replaced the General Agreement on Tariffs and Trade (GATT) dispute resolution system, which contained no formal sanctions for breach of agreement as a practical matter, with a system that results in centrally authorized sanctions against recalcitrant violators of WTO trade agreements. We examine the important features of the new system and argue that the institutionalization of a sanctioning mechanism was not motivated by a perceived need to increase the penalty for violations, but rather by a need to decrease the penalty. In particular, the GATT system relied on unilateral retaliation and reputation …
Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes
Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes
Articles
No abstract provided.
U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley
U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley
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No abstract provided.
The Juvenile Death Penalty And International Law, Curtis A. Bradley
The Juvenile Death Penalty And International Law, Curtis A. Bradley
Articles
The United States is almost alone among nations in permitting the execution of juvenile offenders. Citing this fact, along with a variety of legal and historical materials, litigants and scholars are increasingly claiming that the United States’ use of the juvenile death penalty violates international law. This Article examines the validity of this claim,from the perspective of both the international legal system and the U.S. legal system.
Based on a detailed examination of the United States’ interaction with treaty regimes and international institutions since the late 1940s,the Article concludes that the international law arguments against the juvenile death penalty have …
Outrage Leary Lecture, Cass R. Sunstein
Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade
Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade
Articles
When people make moral or legal judgments in isolation, they produce a pattern of outcomes that they would themselves reject, if only they could see that pattern as a whole. A major reason is that human thinking is category-bound. When people see a case in isolation, they spontaneously compare it to other cases that are mainly drawn from the same category of harms. When people are required to compare cases that involve different kinds of harms, judgments that appear sensible when the problems are considered separately often appear incoherent and arbitrary in the broader context. Another major source of incoherence …
Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein
Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein
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No abstract provided.
State Action Is Always Present, Cass R. Sunstein
Switching The Default Rule, Cass R. Sunstein
Switching The Default Rule, Cass R. Sunstein
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There is a standard analysis of default rules in contract law, including those forms of contract law that fall under the label of employment law. But behavioral economics raises many complications. Professor Cass R. Sunstein explains that the default rule can create an endowment effect, making employees value certain rights more, simply because they have been granted such rights in the first instance. New evidence, based on a survey of law students, is introduced to show a significant endowment effect in the context of vacation time. Similarly, the default rule for savings plans, set by employers or by law, seems …
What's Available - Social Influences And Behavioral Economics Empirical Legal Realism: A New Social Scientific Assessment Of Law And Human Behavior, Cass R. Sunstein
What's Available - Social Influences And Behavioral Economics Empirical Legal Realism: A New Social Scientific Assessment Of Law And Human Behavior, Cass R. Sunstein
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No abstract provided.
Why They Hate Us: The Role Of Social Dynamics Law And The War On Terrorism, Cass R. Sunstein
Why They Hate Us: The Role Of Social Dynamics Law And The War On Terrorism, Cass R. Sunstein
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No abstract provided.
Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein
Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein
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No abstract provided.
Classical Liberalism Meets The New Constitutional Order: A Comment On Mark Tushnet, Richard A. Epstein
Classical Liberalism Meets The New Constitutional Order: A Comment On Mark Tushnet, Richard A. Epstein
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No abstract provided.