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Articles

University of Chicago Law School

2003

Articles 1 - 30 of 78

Full-Text Articles in Law

Just Do It!: Title Ix As A Threat To University Autonomy, Richard A. Epstein May 2003

Just Do It!: Title Ix As A Threat To University Autonomy, Richard A. Epstein

Articles

No abstract provided.


The Least Restrictive Means, Alan O. Sykes Jan 2003

The Least Restrictive Means, Alan O. Sykes

Articles

No abstract provided.


Indirect Liability For Copyright Infringement: An Economic Perspective, William M. Landes, Douglas Gary Lichtman Jan 2003

Indirect Liability For Copyright Infringement: An Economic Perspective, William M. Landes, Douglas Gary Lichtman

Articles

No abstract provided.


Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz Jan 2003

Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz

Articles

No abstract provided.


Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner Jan 2003

Reply: The Institutional Dimension Of Statutory And Constitutional Interpretation, Richard A. Posner

Articles

No abstract provided.


Exclusionary Amenities In Residential Communities, Lior Strahilevitz Jan 2003

Exclusionary Amenities In Residential Communities, Lior Strahilevitz

Articles

No abstract provided.


Naturalized Epistemology And The Law Of Evidence: Reply To Redmayne, Ronald J. Allen, Brian Leiter Jan 2003

Naturalized Epistemology And The Law Of Evidence: Reply To Redmayne, Ronald J. Allen, Brian Leiter

Articles

No abstract provided.


Should Legal Rules Be Used To Redistribute Income?, David A. Weisbach Jan 2003

Should Legal Rules Be Used To Redistribute Income?, David A. Weisbach

Articles

No abstract provided.


Class Actions: Aggregation, Amplification, And Distortion, Richard A. Epstein Jan 2003

Class Actions: Aggregation, Amplification, And Distortion, Richard A. Epstein

Articles

No abstract provided.


Are Plain Hamburgers Now Unconstitutional? - The Equal Protection Component Of Bush V. Gore As A Chapter In The History Of Ideas About Law, Mary Anne Case Jan 2003

Are Plain Hamburgers Now Unconstitutional? - The Equal Protection Component Of Bush V. Gore As A Chapter In The History Of Ideas About Law, Mary Anne Case

Articles

No abstract provided.


Beware Of Legal Transitions: A Presumptive Vote For The Reliance Interest, Richard A. Epstein Jan 2003

Beware Of Legal Transitions: A Presumptive Vote For The Reliance Interest, Richard A. Epstein

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No abstract provided.


Two Cheers For Judicial Restraint: Justice White And The Role Of The Supreme Court Justice White And The Exercise Of Judicial Power, Dennis J. Hutchinson Jan 2003

Two Cheers For Judicial Restraint: Justice White And The Role Of The Supreme Court Justice White And The Exercise Of Judicial Power, Dennis J. Hutchinson

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No abstract provided.


Property's Uneasy Path And Expanding Future, Saul Levmore Jan 2003

Property's Uneasy Path And Expanding Future, Saul Levmore

Articles

No abstract provided.


Economic Analysis Of Contract Law After Three Decades: Success Or Failure?, Eric A. Posner Jan 2003

Economic Analysis Of Contract Law After Three Decades: Success Or Failure?, Eric A. Posner

Articles

No abstract provided.


Transitional Justice As Ordinary Justice, Eric A. Posner, Adrian Vermeule Jan 2003

Transitional Justice As Ordinary Justice, Eric A. Posner, Adrian Vermeule

Articles

No abstract provided.


Reparations For Slavery And Other Historical Injustices, Eric A. Posner, Adrian Vermeule Jan 2003

Reparations For Slavery And Other Historical Injustices, Eric A. Posner, Adrian Vermeule

Articles

Victims of historical injustices who have no positive law claim against wrongdoers often seek reparations from governments, and occasionally they obtain them. The best known reparations programs are those for Japanese Americans who were interned by the United States government during World War II, and for victims of the Nazi Holocaust. But there are several other less well known programs both in the United States and abroad, and there are countless proposals for new reparations programs, including a proposal for slave reparations in the United States. The moral and political arguments for and against reparations in diverse contexts have received …


International Agreements: A Rational Choice Approach, Eric A. Posner, Jack L. Goldsmith Jan 2003

International Agreements: A Rational Choice Approach, Eric A. Posner, Jack L. Goldsmith

Articles

No abstract provided.


Judge Learned Hand And The Espionage Act Of 1917: A Mystery Unraveled, Geoffrey R. Stone Jan 2003

Judge Learned Hand And The Espionage Act Of 1917: A Mystery Unraveled, Geoffrey R. Stone

Articles

No abstract provided.


The Brave New World Of Arbitration, Diane P. Wood Jan 2003

The Brave New World Of Arbitration, Diane P. Wood

Articles

No abstract provided.


Threatening An Irrational Breach Of Contract, Omri Ben-Shahar, Oren Bar-Gill Jan 2003

Threatening An Irrational Breach Of Contract, Omri Ben-Shahar, Oren Bar-Gill

Articles

When circumstances surrounding the contract change, a party might consider breach a more attractive option than performance. Threatening breach, this party may induce the other party to modify the original agreement. The contract law doctrine of modification determines whether and when these modifications are enforceable. To promote social welfare as well as the interests of the threatened party, the law should enforce modifications if and only if the modification demand is backed by a credible threat to breach. This paper argues that credibility is not a function of pecuniary interests alone. A decision to breach can be motivated also by …


On The Psychology Of Punishment, Cass R. Sunstein Jan 2003

On The Psychology Of Punishment, Cass R. Sunstein

Articles

Are juries rational or irrational? In the context of punitive damage awards, jury decisions suffer from serious problems. Jurors are intuitive retributivists, in a way that produces departures from economic theories of punishment. Their decisions are rooted in outrage, which they cannot easily translate into dollar terms. The result is a degree of unpredictability and incoherence. An understanding of this point casts light on several problems with existing institutions and offers some clues about how those problems might be solved.


The Rights Of Animals, Cass R. Sunstein Jan 2003

The Rights Of Animals, Cass R. Sunstein

Articles

No abstract provided.


In Coase's Footsteps, Douglas G. Baird Jan 2003

In Coase's Footsteps, Douglas G. Baird

Articles

No abstract provided.


Cybertrespass, Richard A. Epstein Jan 2003

Cybertrespass, Richard A. Epstein

Articles

No abstract provided.


The Market For Elite Law Firm Associates, Tom Ginsburg, Jeffrey A. Wolf Jan 2003

The Market For Elite Law Firm Associates, Tom Ginsburg, Jeffrey A. Wolf

Articles

No abstract provided.


The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt Jan 2003

The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt

Articles

No abstract provided.


Canonical Remedies In Medieval Marriage Law: The Contributions Of Legal Practice Founding, Richard H. Helmholz Jan 2003

Canonical Remedies In Medieval Marriage Law: The Contributions Of Legal Practice Founding, Richard H. Helmholz

Articles

No abstract provided.


Terrorism And Insurance Markets: A Role For The Government As Insurer?, Alan O. Sykes Jan 2003

Terrorism And Insurance Markets: A Role For The Government As Insurer?, Alan O. Sykes

Articles

Since September 11, 2001, insurance markets have been struggling to adjust to new information about the magnitude of risks posed by terrorism, and to the loss of tens of billions of dollars in reserves because of claims relating to the September 11 attacks. Insurance coverage for terror-related losses has become more expensive and for some risks difficult or impossible to obtain. As a result, various interest groups called for the federal government to provide coverage for terrorism losses, resulting in the Terrorism Risk Insurance Act of 2002. We question the wisdom of measures of this sort. They are likely to …


The Consequences Of Undoing The Federal Income Tax, Julie Roin Jan 2003

The Consequences Of Undoing The Federal Income Tax, Julie Roin

Articles

No abstract provided.


The Empirical Side Of Law And Economics, William M. Landes Jan 2003

The Empirical Side Of Law And Economics, William M. Landes

Articles

No abstract provided.