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Full-Text Articles in Law
Disparity: The Normative And Empirical Failure Of The Federal Guidelines, Albert Alschuler
Disparity: The Normative And Empirical Failure Of The Federal Guidelines, Albert Alschuler
Articles
No abstract provided.
Correspondence: Testing Minimalism: A Reply, Cass R. Sunstein
Correspondence: Testing Minimalism: A Reply, Cass R. Sunstein
Articles
No abstract provided.
European Communities - Conditions For The Granting Of Tariff Preferences To Developing Countries, Alan O. Sykes, Gene M. Grossman
European Communities - Conditions For The Granting Of Tariff Preferences To Developing Countries, Alan O. Sykes, Gene M. Grossman
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No abstract provided.
European Communities - Anti-Dumping Duties On Imports Of Cotton-Type Bed Linen From India - Recourse To Article 21.5 Of The Dsu By India Paper, Alan O. Sykes, Gene M. Grossman
European Communities - Anti-Dumping Duties On Imports Of Cotton-Type Bed Linen From India - Recourse To Article 21.5 Of The Dsu By India Paper, Alan O. Sykes, Gene M. Grossman
Articles
No abstract provided.
United States - Definitive Safeguard Measures On Imports Of Certain Steel Products, Alan O. Sykes, Gene M. Grossman
United States - Definitive Safeguard Measures On Imports Of Certain Steel Products, Alan O. Sykes, Gene M. Grossman
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No abstract provided.
Revealing Options, Lee Anne Fennell
Revealing Options, Lee Anne Fennell
Articles
Legal scholars are beginning to explore how the options template, borrowed from finance, can be applied to legal problems outside the realm of finance. This Article uses the options framework to add a new, intermediate entitlement form to the property rule/liability rule schema pioneered by Guido Calabresi and Douglas Melamed. Building on a fascinating but underused literature on self-assessed valuation mechanisms, I propose an entitlement form that would require entitlement holders to create options for others (or for their future selves). These "entitlements subject to self-made options," or "ESSMOs," are capable of powerfully and elegantly addressing one of the most …
Solving The Due Process Problem With Military Commissions, Nicholas Stephanopoulos
Solving The Due Process Problem With Military Commissions, Nicholas Stephanopoulos
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No abstract provided.
Stand By Your First Amendment Values - Not Your Ad, Nicholas Stephanopoulos
Stand By Your First Amendment Values - Not Your Ad, Nicholas Stephanopoulos
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No abstract provided.
Preemption Of State Spam Laws By The Federal Can-Spam Act, Roger Ford
Preemption Of State Spam Laws By The Federal Can-Spam Act, Roger Ford
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No abstract provided.
Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith
Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith
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This Article presents a framework for interpreting Congress's September 18, 2001Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism.The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the AUME Under …
Book Review (Reviewing Paul Brand, Kings, Barons, And Justices: The Making And Enforcement Of Legislation In Thirteenth-Century England (2003)), Richard H. Helmholz
Book Review (Reviewing Paul Brand, Kings, Barons, And Justices: The Making And Enforcement Of Legislation In Thirteenth-Century England (2003)), Richard H. Helmholz
Articles
No abstract provided.
Takings, Commons, And Associations: Why The Telecommunications Act Of 1996 Misfired, Richard A. Epstein
Takings, Commons, And Associations: Why The Telecommunications Act Of 1996 Misfired, Richard A. Epstein
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Joint efforts by two or more parties can be achieved either through voluntary cooperation, through state coercive activity under some version of the takings power, or by the creation of some form of commons. Network industries, such as telecommunications, cannot usually work by the former, and thus require some level of state coercion. The choice of the method of coercion is, however, critical because the use of the eminent domain power does not work well when applied to a high frequency of low level transactions that are difficult to price and monitor. In contrast, the creation of an interconnection obligation, …
Political Trials In Domestic And International Law, Eric A. Posner
Political Trials In Domestic And International Law, Eric A. Posner
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Due process protections and other constitutional restrictions normally ensure that citizens cannot be tried and punished for political dissent, but these same restrictions interfere with criminal convictions of terrorists and others who pose a nonimmediate but real threat to public safety. To counter these threats, governments may use various subterfuges to avoid constitutional protections-often with the complicity of judges-but when they do so, they risk losing the confidence of the public, which may believe that the government targets legitimate political opponents. This Article argues that the amount of process enjoyed by defendants in criminal trials reflects a balancing of two …
Public Versus Private Enforcement Of International Economic Law: Standing And Remedy, Alan O. Sykes
Public Versus Private Enforcement Of International Economic Law: Standing And Remedy, Alan O. Sykes
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This paper develops a theory of the rules regarding standing and remedy in international trade and investment agreements. Regarding investment agreements, the paper argues that a credibLe government-to-firm commitment (or signal) that the capital importer will not engage in expropriation or related practices is required and that a private right of action for money damages is the best way to make such a commitment. In trade agreements, by contrast, importing nations have commitments that are best viewed as government to government rather than government to firm. The parties to trade agreements can enhance their mutual political welfare by declining to …
Public Choice Defended (Reviewing Gerry Mackie, Democracy Defended (2003)), Saul Levmore
Public Choice Defended (Reviewing Gerry Mackie, Democracy Defended (2003)), Saul Levmore
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No abstract provided.
The Expressive Power Of Adjudication, Richard H. Mcadams
The Expressive Power Of Adjudication, Richard H. Mcadams
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This article provides a causal explanation of adjudicative compliance that is distinct from both the court's threat of sanctions and its institutional legitimacy. The new mechanism for compliance is the power of adjudicative expression. The theory of "expressive adjudication" arises from a previously neglected synergy among three expressive concepts in game theory -correlated equilibria, focal points, and signals. The article identifies the circumstances in which adjudicative expression can, by itself, influence the behavior of existing disputants and of future potential disputants. In each case, ambiguity in the relevant facts or the concepts underlying intentional and spontaneous order can cause a …
Reply To Helfer And Slaughter, Eric A. Posner, John C. Yoo
Reply To Helfer And Slaughter, Eric A. Posner, John C. Yoo
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No abstract provided.
Deterring Murder: A Reply Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule
Deterring Murder: A Reply Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule
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No abstract provided.
Group Judgments: Statistical Means, Deliberation, And Information Markets, Cass R. Sunstein
Group Judgments: Statistical Means, Deliberation, And Information Markets, Cass R. Sunstein
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How can groups elicit and aggregate the information held by their individual members? There are three possibilities. Groups might use the statistical mean of individual judgments; they might encourage deliberation; or they might use information markets. In both private and public institutions, deliberation is the standard way of proceeding; but for two reasons, deliberating groups often fail to make good decisions. First, the statements and acts of some group members convey relevant information, and that information often leads other people not to disclose what they know. Second, social pressures, imposed by some group members, often lead other group members to …
Precautions Against What - The Availability Heuristic And Cross-Cultural Risk Perception Meador Lecture Series 2004-2005: Risk And The Law, Cass R. Sunstein
Precautions Against What - The Availability Heuristic And Cross-Cultural Risk Perception Meador Lecture Series 2004-2005: Risk And The Law, Cass R. Sunstein
Articles
Because risks are on all sides of social situations, it is not possible to be globally "precautionary." Hence, the Precautionary Principle runs into serious conceptual difficulties; any precautions will themselves create hazards of one kind or another. When the principle gives guidance, it is often because of the availability heuristic, which can make some risks stand out as particularly salient, regardless of their actual magnitude. The same heuristic helps to explain differences across groups, cultures, and even nations in the perception of risks, especially when linked with such social processes as cascades and group polarization. One difficulty is that what …
Substantive Consolidation Today, Douglas G. Baird
Substantive Consolidation Today, Douglas G. Baird
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In large corporate reorganizations, bankruptcy judges often confirm plans of reorganization that call for "substantive consolidation" of the different corporate entities comprising the corporate group. Substantive consolidation allows the general creditors of the various entities to share in a common pool of assets; it often simplifies a reorganization and wins broad support among the creditors. Nevertheless, a statutory basis for the doctrine is hard to find, and the lower court practice is often at odds with the doctrine as spelled out in appellate court opinions. The emerging debate over the proper scope of substantive consolidation shows how much bankruptcy law …
Justified Monopolies: Regulating Pharmaceuticals And Telecommunications, Richard A. Epstein
Justified Monopolies: Regulating Pharmaceuticals And Telecommunications, Richard A. Epstein
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No abstract provided.
Of Citizens And Persons: Reconstructing The Privileges Or Immunities Clause Of The Fourteenth Amendment, Richard A. Epstein
Of Citizens And Persons: Reconstructing The Privileges Or Immunities Clause Of The Fourteenth Amendment, Richard A. Epstein
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No abstract provided.
Liberty Versus Property - Cracks In The Foundations Of Copyright Law, Richard A. Epstein
Liberty Versus Property - Cracks In The Foundations Of Copyright Law, Richard A. Epstein
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No abstract provided.
Policing L.A.'S Skid Row: Crime And Real Estate Redevelopment In Downtown Los Angeles (An Experiment In Real Time), Bernard E. Harcourt
Policing L.A.'S Skid Row: Crime And Real Estate Redevelopment In Downtown Los Angeles (An Experiment In Real Time), Bernard E. Harcourt
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No abstract provided.
From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt
From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt
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The incarceration revolution of the late twentieth century fueled ongoing research on the relationship between rates of incarceration and crime, unemployment, education, and other social indicators. In this research, the variable intended to capture the level of confinement in society was conceptualized and measured as the rate of incarceration in state and federal prisons and county jails. This, however, fails to take account of other equally important forms of confinement, especially commitment to mental hospitals and asylums. When the data on mental hospitalization rates are combined with the data on imprisonment rates for the period 1928 through 2000, the incarceration …
Taxing Obesity - Or Perhaps The Opposite, Saul Levmore
Free Speech And Academic Politics (Reviewing Donald Alexander Downs, Restoring Free Speech And Liberty On Campus (2005)), Geoffrey R. Stone
Free Speech And Academic Politics (Reviewing Donald Alexander Downs, Restoring Free Speech And Liberty On Campus (2005)), Geoffrey R. Stone
Articles
No abstract provided.
A Social Networks Theory Of Privacy, Lior Strahilevitz
A Social Networks Theory Of Privacy, Lior Strahilevitz
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What facts are public and what facts are private? It is the fundamental, first-principles question in privacy law, and a necessary element in the two most important privacy torts public disclosure of private facts and intrusion upon seclusion. This paper argues that insights from the literature on social networks and information dissemination can help provide courts with a coherent and consistent methodology for determining whether an individual has a reasonable expectation of privacy in a particular fact that he has shared with one or more persons. The social networks literature has generated theoretical and empirical insights about the probability that …
The Right To Destroy, Lior Strahilevitz