Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles

University of Chicago Law School

2002

Articles 1 - 30 of 65

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 May 2002

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 Feb 2002

The Perception Of Risk, Cass R. Sunstein

Articles

No abstract provided.


The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday Jan 2002

The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Articles

No abstract provided.


U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley Jan 2002

U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley

Articles

No abstract provided.


The Juvenile Death Penalty And International Law, Curtis A. Bradley Jan 2002

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 …


Homes Rule (Reviewing William A. Fischel, The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, And Land-Use Policies (2001)), Lee Anne Fennell Jan 2002

Homes Rule (Reviewing William A. Fischel, The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, And Land-Use Policies (2001)), Lee Anne Fennell

Articles

No abstract provided.


International Harmonization Of Antitrust Law: The Tortoise Or The Hare?, Diane P. Wood Jan 2002

International Harmonization Of Antitrust Law: The Tortoise Or The Hare?, Diane P. Wood

Articles

No abstract provided.


Market Evidence In Corporate Law, Daniel R. Fischel Jan 2002

Market Evidence In Corporate Law, Daniel R. Fischel

Articles

No abstract provided.


Switching The Default Rule, Cass R. Sunstein Jan 2002

Switching The Default Rule, Cass R. Sunstein

Articles

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 …


Surprising Admissions, Saul Levmore Jan 2002

Surprising Admissions, Saul Levmore

Articles

No abstract provided.


Book Review (Reviewing Sven Lindquist, A History Of Bombing (2001)), Jonathan Masur Jan 2002

Book Review (Reviewing Sven Lindquist, A History Of Bombing (2001)), Jonathan Masur

Articles

No abstract provided.


Smoothing The Boundary Between Foreign And Domestic Law: Comments On Professors Dodge, Golove, And Stephan, Richard A. Epstein Jan 2002

Smoothing The Boundary Between Foreign And Domestic Law: Comments On Professors Dodge, Golove, And Stephan, Richard A. Epstein

Articles

No abstract provided.


Is There A Constitutional Right To Clone?, Cass R. Sunstein Jan 2002

Is There A Constitutional Right To Clone?, Cass R. Sunstein

Articles

No abstract provided.


Philippic.Com, Cass R. Sunstein Jan 2002

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 …


Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein Jan 2002

Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein

Articles

No abstract provided.


Reflections On Constitutionalizing Women's Equality, Mary Anne Case Jan 2002

Reflections On Constitutionalizing Women's Equality, Mary Anne Case

Articles

No abstract provided.


Maintaining The Integrity Of Death: An Argument For Restricting A Defendant's Right To Volunteer For Execution At Certain Stages In Capital Proceedings, Anthony Casey Jan 2002

Maintaining The Integrity Of Death: An Argument For Restricting A Defendant's Right To Volunteer For Execution At Certain Stages In Capital Proceedings, Anthony Casey

Articles

No abstract provided.


Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein Jan 2002

Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein

Articles

No abstract provided.


Military Tribunals And Legal Culture: What A Difference Sixty Years Makes, Cass R. Sunstein, Jack L. Goldsmith Jan 2002

Military Tribunals And Legal Culture: What A Difference Sixty Years Makes, Cass R. Sunstein, Jack L. Goldsmith

Articles

No abstract provided.


Is Incoherence Outrageous?, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade Jan 2002

Is Incoherence Outrageous?, Cass R. Sunstein, Daniel Kahneman, Ilana Ritov, David Schkade

Articles

No abstract provided.


Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday Jan 2002

Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday

Articles

No abstract provided.


Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes Jan 2002

Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes

Articles

No abstract provided.


Four (Or Five) Easy Lessons From Enron, Douglas G. Baird, Robert K. Rasmussen Jan 2002

Four (Or Five) Easy Lessons From Enron, Douglas G. Baird, Robert K. Rasmussen

Articles

No abstract provided.


Parental Rights, Emily Buss Jan 2002

Parental Rights, Emily Buss

Articles

No abstract provided.


Liberty, Equality, And Privacy: Choosing A Legal Foundation For Gay Rights, Richard A. Epstein Jan 2002

Liberty, Equality, And Privacy: Choosing A Legal Foundation For Gay Rights, Richard A. Epstein

Articles

No abstract provided.


Beyond Judicial Activism And Restraint, Richard A. Epstein Jan 2002

Beyond Judicial Activism And Restraint, Richard A. Epstein

Articles

No abstract provided.


Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein Jan 2002

Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein

Articles

No abstract provided.


Introduction To Symposium: Empirical And Experimental Methods In Law, Richard H. Mcadams, Thomas S. Ulen Jan 2002

Introduction To Symposium: Empirical And Experimental Methods In Law, Richard H. Mcadams, Thomas S. Ulen

Articles

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 Jan 2002

Locating Discrimination: Interactive Web Sites As Public Accommodations Under Title Ii Of The Civil Rights Act The Scope Of Equal Protection, Tara Thompson

Articles

No abstract provided.


Interring The Nondelegation Doctrine, Eric A. Posner, Adrian Vermeule Jan 2002

Interring The Nondelegation Doctrine, Eric A. Posner, Adrian Vermeule

Articles

A large academic literature discusses the nondelegation doctrin4 which is said to bar Congress from enacting excessively broad or excessively discretionary grants of statutory authority to the executive branch or other agents. The bulk of this literature accepts the existence of the doctrine and argues only about the terms of its application or the competence of the courts to enforce it. In this essay, we argue that there is no such nondelegation doctrine: A statutory grant of authority to the executive branch or other agents never effects a delegation of legislative power. Agents acting within the terms of such a …