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Full-Text Articles in Law
Correspondence: Testing Minimalism: A Reply, Cass R. Sunstein
Correspondence: Testing Minimalism: A Reply, Cass R. Sunstein
Articles
No abstract provided.
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.
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.
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
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
Articles
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
Articles
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
Articles
No abstract provided.
Cordell Hull, The Reciprocal Trade Agreements Act, And The Wto: An Essay On The Concept Of Rights In International Trade, Kenneth W. Dam
Cordell Hull, The Reciprocal Trade Agreements Act, And The Wto: An Essay On The Concept Of Rights In International Trade, Kenneth W. Dam
Articles
No abstract provided.
Rasul V. Bush And Al Odah V. United States, Geoffrey R. Stone
Rasul V. Bush And Al Odah V. United States, Geoffrey R. Stone
Articles
No abstract provided.
Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams
Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams
Articles
No abstract provided.
A Social Networks Theory Of Privacy, Lior Strahilevitz
A Social Networks Theory Of Privacy, Lior Strahilevitz
Articles
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 …
In Memoriam: Norval Morris (1923-2004), Albert W. Alschuler, Franklin E. Zimring, James R. Coldren Jr., James B. Jacobs, Kathleen Hawk Sawyer
In Memoriam: Norval Morris (1923-2004), Albert W. Alschuler, Franklin E. Zimring, James R. Coldren Jr., James B. Jacobs, Kathleen Hawk Sawyer
Articles
No abstract provided.
Property As Entrance, Eduardo Peñalver
The War On Terrorism: International Law, Clear Statement Requirements, And Constitutional Design, Curtis A. Bradley, Jack L. Goldsmith
The War On Terrorism: International Law, Clear Statement Requirements, And Constitutional Design, Curtis A. Bradley, Jack L. Goldsmith
Articles
In Congressional Authorization and the War on Terrorism,1 we presented a framework for interpreting Congress’s September 18, 2001 Authorization for Use of Military Force2 (AUMF), the central statutory enactment related to the war on terrorism. Congressional Authorization addressed a puzzling gap in the academic literature: 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 in Congressional Authorization built on …
The Right To Destroy, Lior Strahilevitz
International Court Of Justice: Voting And Usage Statistics, Eric A. Posner
International Court Of Justice: Voting And Usage Statistics, Eric A. Posner
Articles
No abstract provided.
Substantive Consolidation Today, Douglas G. Baird
Substantive Consolidation Today, Douglas G. Baird
Articles
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 …
The Expressive Power Of Adjudication, Richard H. Mcadams
The Expressive Power Of Adjudication, Richard H. Mcadams
Articles
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 …
Unbundling Scope-Of-Permission Goods: When Should We Invest In Reducing Entry Barriers?, Randal C. Picker
Unbundling Scope-Of-Permission Goods: When Should We Invest In Reducing Entry Barriers?, Randal C. Picker
Articles
No abstract provided.
Dollars And Death, Eric A. Posner, Cass R. Sunstein
The Regulation Of Interchange Fees: Australian Fine-Tuning Gone Awry, Richard A. Epstein
The Regulation Of Interchange Fees: Australian Fine-Tuning Gone Awry, Richard A. Epstein
Articles
No abstract provided.
Natural Law And Human Rights In English Law: From Bracton To Blackstone, Richard H. Helmholz
Natural Law And Human Rights In English Law: From Bracton To Blackstone, Richard H. Helmholz
Articles
No abstract provided.
Vertical Restraints And Antitrust Policy, Richard A. Posner
Vertical Restraints And Antitrust Policy, Richard A. Posner
Articles
No abstract provided.
Taxing Obesity - Or Perhaps The Opposite, Saul Levmore
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
Articles
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 …
Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha
Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy Schiavo Case: A Symposium, Adam M. Samaha
Articles
No abstract provided.
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 …
Problems With Minimalism, Cass R. Sunstein
Problems With Minimalism, Cass R. Sunstein
Articles
Much of Justice Sandra Day O'Connor's work on the Supreme Court embodies a commitment to judicial minimalism, understood as a preference for narrow rulings, closely attuned to particular facts. In many contexts, however, that commitment is hard to justify, simply because it imposes severe decisionmaking burdens on others and may well create more, rather than fewer, errors. For this reason, a general preference for minimalism is no more defensible than a general preference for rules. The choice between narrow and wide rulings cannot itself be made by rules or even presumptions; it requires a case-by-case inquiry. The argument is illustrated …
Why Does The American Constitution Lack Social And Economic Guarantees, Cass R. Sunstein
Why Does The American Constitution Lack Social And Economic Guarantees, Cass R. Sunstein
Articles
No abstract provided.