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Full-Text Articles in Law
Civil Liberties V. National Security In The Law's Open Areas, Geoffrey R. Stone
Civil Liberties V. National Security In The Law's Open Areas, Geoffrey R. Stone
Articles
No abstract provided.
'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz
'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz
Articles
This is an Article about using reputation-tracking technologies to displace criminal law enforcement and improve the tort system. The Article contains an extended application of this idea to the regulation of motorist behavior and examines the broader case for using technologies that aggregate dispersed information in various settings where reputational concerns do not adequately deter uncooperative behavior. The Article proposes a compulsory "How's My Driving?" program for all motor vehicles. Although more rigorous study is warranted, the initial data from voluntary "How's My Driving?" programs is quite promising, suggesting that the use of "How's My Driving?" placards on commercial trucks …
The Law Of Other States, Eric A. Posner, Cass R. Sunstein
The Law Of Other States, Eric A. Posner, Cass R. Sunstein
Articles
The question of whether courts should consult the laws of "other states" has produced intense controversy. But in some ways, this practice is entirely routine; within the United States, state courts regularly consult the decisions of other state courts in deciding on the common law, the interpretation of statutory law, and even the meaning of state constitutions. A formal argument in defense of such consultation stems from the Condorcet Jury Theorem, which says that under certain conditions, a widespread belief accepted by a number of independent actors, is highly likely to be correct. It follows that if a large majority …
Information Asymmetries And The Rights To Exclude, Lior Strahilevitz
Information Asymmetries And The Rights To Exclude, Lior Strahilevitz
Articles
No abstract provided.
The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls
The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls
Articles
Considerable attention has been given to the Implicit Association Test (IA T), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of "debiasing …
Reasoning By Analogy (Reviewing Lloyd L. Weinreb, Legal Reason: The Use Of Analogy In Legal Argument (2005)), Richard A. Posner
Reasoning By Analogy (Reviewing Lloyd L. Weinreb, Legal Reason: The Use Of Analogy In Legal Argument (2005)), Richard A. Posner
Articles
No abstract provided.
Legal Reason: The Use Of Analogy In Legal Argument, Richard A. Posner
Legal Reason: The Use Of Analogy In Legal Argument, Richard A. Posner
Articles
No abstract provided.
Misfearing: A Reply, Cass R. Sunstein
Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell
Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell
Articles
No abstract provided.
Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo Peñalver
Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo Peñalver
Articles
No abstract provided.
Chevron Step Zero, Cass R. Sunstein
Climate Change And Animals Responses To Global Warming: The Law, Economics, And Science Of Climate Change, Cass R. Sunstein, Wayne Hsiung
Climate Change And Animals Responses To Global Warming: The Law, Economics, And Science Of Climate Change, Cass R. Sunstein, Wayne Hsiung
Articles
Climate change is already having adverse eeds on animal life, and those effects are likely to prove devastating in the future. Nonetheless, the relevant harms to animals have yet to become a serious part of the analysis of climate change policy. Even if animals and species are valued solely by reference to human preferences, consideration of animal welfare dramatically increases the argument for aggressive responses to climate change. We estimate that, even under conservative assumptions about valuation, losses to nonhuman life might run into the hundreds of billions of dollars annually. Whatever the precise figure, the general conclusion is clear: …
Justice Breyer's Pragmatic Constitutionalism, Cass R. Sunstein
Justice Breyer's Pragmatic Constitutionalism, Cass R. Sunstein
Articles
The pragmatic method is primarily a method of settling metaphysical disputes that otherwise might be interminable. Is the world one or many?- fated or free? - material or spiritual? - here are notions either of which may or may not hold good of the world; and disputes over such notions are unending. The pragmatic method in such cases is to try to interpret each notion by tracing its respective practical consequences. What difference would it practically make to any one if this notion rather than that notion were true? A Concise Statement of the Task: In interpreting a statute a …
Why Parties And Powers Both Matter: A Separationist Response To Levinson And Pildes, Richard A. Epstein
Why Parties And Powers Both Matter: A Separationist Response To Levinson And Pildes, Richard A. Epstein
Articles
No abstract provided.
Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Peñalver
Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Peñalver
Articles
No abstract provided.
Why Blogs Are Bad For Legal Scholarship, Brian Leiter
A Lawyer's Responsibility: Protecting Civil Liberties In Wartime, Geoffrey R. Stone
A Lawyer's Responsibility: Protecting Civil Liberties In Wartime, Geoffrey R. Stone
Articles
No abstract provided.
Do We Have Too Many Intellectual Property Rights?, Richard A. Posner
Do We Have Too Many Intellectual Property Rights?, Richard A. Posner
Articles
No abstract provided.
Israel's Legal Obligations To Gaza After The Pullout, Nicholas Stephanopoulos
Israel's Legal Obligations To Gaza After The Pullout, Nicholas Stephanopoulos
Articles
No abstract provided.
Separation Versus Accommodation: Why We Should Favor The Latter, Richard A. Epstein
Separation Versus Accommodation: Why We Should Favor The Latter, Richard A. Epstein
Articles
No abstract provided.
What Light If Any Does The Google Print Dispute Shed On Intellectual Property Law?, Richard A. Epstein
What Light If Any Does The Google Print Dispute Shed On Intellectual Property Law?, Richard A. Epstein
Articles
No abstract provided.
Introduction To Symposium: Homo Economicus, Homo Myopicus, And The Law And Economics Of Consumer Choice, Douglas G. Baird, Richard A. Epstein, Cass R. Sunstein
Introduction To Symposium: Homo Economicus, Homo Myopicus, And The Law And Economics Of Consumer Choice, Douglas G. Baird, Richard A. Epstein, Cass R. Sunstein
Articles
No abstract provided.
Do Judges Make Regulatory Policy? - An Empirical Investigation Of Chevron, Thomas J. Miles, Cass R. Sunstein
Do Judges Make Regulatory Policy? - An Empirical Investigation Of Chevron, Thomas J. Miles, Cass R. Sunstein
Articles
In the past quarter century, the Supreme Court has legitimated agency authority to interpret regulatory legislation, above all in Chevron U.S.A., Inc v Natural Resources Defense Council, Inc, the most cited case in modern public law. Chevron recognizes that the resolution of statutory ambiguities often requires judgments of policy; its call for judicial deference to reasonable interpretations was widely expected to have eliminated the role of policy judgments in judicial review of agency interpretations of law. But this expectation has not been realized. On the Supreme Court, conservative justices vote to validate agency decisions less often than liberal justices. Moreover, …
International Law And The Rise Of China, Eric A. Posner, John C. Yoo
International Law And The Rise Of China, Eric A. Posner, John C. Yoo
Articles
No abstract provided.
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
International Law: A Welfarist Approach, Eric A. Posner
International Law: A Welfarist Approach, Eric A. Posner
Articles
This Article evaluates international law from a welfarist perspective. Global welfarism requires that international law advance the well-being of everyone in the world, and scholars influenced by global welfarism and similar cosmopolitan principles have advocated radical restructuring of international law. But global welfarism is subject to several constraints; including (1) heterogeneity of preferences of the world population, which produces the state system; (2) agency costs, which produce imperfect governments; and (3) the problem of collective action. These constraints place limits on what policies motivated by global welfarism can achieve and explain some broad features of international law that otherwise remain …
Chevronizing Foreign Relations Law, Eric A. Posner, Cass R. Sunstein
Chevronizing Foreign Relations Law, Eric A. Posner, Cass R. Sunstein
Articles
A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, courts usually interpret ambiguous statutes to conform to international law and understand them not to apply outside of the nation's territorial boundaries. The international comity doctrines are best understood as a product of a judicial judgment that in particular contexts the costs of deference to foreign interests are lower than the benefits to American interests. Sometimes Congress balances these considerations and incorporates its judgment in a statute, but usually it does not. In such cases, executive interpretations …
The New International Law Scholarship, Eric A. Posner, Jack L. Goldsmith
The New International Law Scholarship, Eric A. Posner, Jack L. Goldsmith
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No abstract provided.
Behavioral Economics: Human Errors And Market Corrections, Richard A. Epstein
Behavioral Economics: Human Errors And Market Corrections, Richard A. Epstein
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No abstract provided.
Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein
Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein
Articles
No abstract provided.