Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 81
Full-Text Articles in Law
The Decline And Fall Of At&T: A Personal Recollection, Richard A. Posner
The Decline And Fall Of At&T: A Personal Recollection, Richard A. Posner
Articles
No abstract provided.
The World Of The Framers: A Christian Nation?, Geoffrey R. Stone
The World Of The Framers: A Christian Nation?, Geoffrey R. Stone
Articles
No abstract provided.
Hedonic Adaptation And The Settlement Of Civil Lawsuits, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Hedonic Adaptation And The Settlement Of Civil Lawsuits, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Articles
This Essay examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed circumstances), bringing this literature to bear on the probability of pretrial settlement in civil litigation. The existing economic and behavioral models of settlement are incomplete because they do not incorporate the effect of adaptation on the sum for which a plaintiff is willing to accept an offer. When an individual first suffers a serious injury, she will likely predict that the injury will greatly diminish her future happiness. However, during the time that …
Valuing Laws As Local Amenities, Anup Malani
Valuing Laws As Local Amenities, Anup Malani
Articles
The conventional approach to evaluating a law is to examine its effect on proximate behavior. To evaluate a new criminal law, for example, the conventional approach would look to changes in the crime rate. This Article proposes another method for evaluating laws, specifically, that they should be judged by the extent to which they raise housing prices and lower wages in the short run or raise the aggregate value of residential land in the long run. The logic is that the value of a law, much like the value of a lake or a public school, is capitalized into local …
The Roberts Court, Stare Decisis, And The Future Of Constitutional Law, Geoffrey R. Stone
The Roberts Court, Stare Decisis, And The Future Of Constitutional Law, Geoffrey R. Stone
Articles
No abstract provided.
Immigration Law's Organizing Principles, Adam B. Cox
Immigration Law's Organizing Principles, Adam B. Cox
Articles
Immigration law and scholarship are pervasively organized around the principle that rules for selecting immigrants are (and should be) fundamentally different from rules that regulate the lives of immigrants outside the selection context. Both courts and commentators generally conclude that the government should have considerably more leeway to adopt whatever selection rules it sees fit. Consequently, the selection/regulation dichotomy shapes the central debates in immigration law-including debates about the legality and legitimacy of guest worker programs, America's criminal deportation system, and restrictions on immigrant access to public benefits. This Article argues that this central organizing principle is misguided: legal rules …
Human Welfare, Not Human Rights, Eric A. Posner
Human Welfare, Not Human Rights, Eric A. Posner
Articles
Human rights treaties play an important role in international relations but they lack a foundation in moral philosophy and doubts have been raised about their effectiveness for constraining states. Drawing on ideas from the literature on economic development, this Essay argues that international concern should be focused on human welfare rather than on human rights. A focus on welfare has three advantages. First, the proposition that governments should advance the welfare of their populations enjoys broader international and philosophical support than do the various rights incorporated in the human rights treaties. Second, the human rights treaties are both too rigid …
Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein
Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein
Articles
No abstract provided.
Little Rock And The Legacy Of Brown, David A. Strauss
Documenting Discrimination?, Adam B. Cox, Thomas J. Miles
Documenting Discrimination?, Adam B. Cox, Thomas J. Miles
Articles
No abstract provided.
The Chicago School And Exclusionary Conduct, Frank H. Easterbrook
The Chicago School And Exclusionary Conduct, Frank H. Easterbrook
Articles
No abstract provided.
On Constitutional Changes To Limit Government, Frank H. Easterbrook
On Constitutional Changes To Limit Government, Frank H. Easterbrook
Articles
No abstract provided.
Why The Modern Administrative State Is Inconsistent With The Rule Of Law, Richard A. Epstein
Why The Modern Administrative State Is Inconsistent With The Rule Of Law, Richard A. Epstein
Articles
No abstract provided.
The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley
The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley
Articles
No abstract provided.
Terror And The Law, Curtis A. Bradley
Regulation With Placebo Effects, Anup Malani
Regulation With Placebo Effects, Anup Malani
Articles
A growing scientific literature supports the existence of placebo effects from a wide range of health interventions and for a range of medical conditions. This Article reviews this literature, examines the implications for law and policy, and suggests future areas for research on placebo effects. In particular, it makes the case for altering the drug approval process to account for, if not credit, placebo effects. It recommends that evidence of placebo effects be permitted as a defense in cases alleging violations of informed consent or false advertising. Finally, it finds that tort law already has doctrines such as joint and …
Privacy, Surveillance, And Law, Richard A. Posner
On The Origin Of Rules (With Apologies To Darwin): A Comment On Antonin Scalia's The Rule Of Law As A Law Of Rules, David A. Strauss
On The Origin Of Rules (With Apologies To Darwin): A Comment On Antonin Scalia's The Rule Of Law As A Law Of Rules, David A. Strauss
Articles
No abstract provided.
A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt
A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt
Articles
From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review articles of Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist …
Studying The Exclusionary Rule: An Empirical Classic, Albert Alschuler
Studying The Exclusionary Rule: An Empirical Classic, Albert Alschuler
Articles
No abstract provided.
Is Osha Unconstitutional?, Cass R. Sunstein
A Few Words In Favor Of Cultivating An Incest Taboo In The Workplace, Mary Anne Case
A Few Words In Favor Of Cultivating An Incest Taboo In The Workplace, Mary Anne Case
Articles
No abstract provided.
Ancillary Powers Of Constitutional Courts, Tom Ginsburg, Zachary Elkins
Ancillary Powers Of Constitutional Courts, Tom Ginsburg, Zachary Elkins
Articles
No abstract provided.
Judicial Transparency In An Age Of Prediction, Adam M. Samaha
Judicial Transparency In An Age Of Prediction, Adam M. Samaha
Articles
The Empirical Legal Studies (ELS) movement is making strides toward understanding judicial behavior, and ELS models could become the foundation for more accurate prediction of judicial decisions. This essay raises two questions. First, what would an age of predictable judicial behavior look like? Second, would satisfying the informational needs of ELS prediction models also exhaust the demands for 'judicial transparency"? The essay concludes that a state of predictable judicial behavior, if somehow stable, would leave almost no litigation to observe; and that a prediction-oriented information policy would nearly meet the demands of today's transparency advocates. One shortfall involves the intrinsic …
Originalism's Expiration Date, Adam M. Samaha
Originalism's Expiration Date, Adam M. Samaha
Articles
The Constitution of the United States declares itself supreme law, but even the amended document is ancient. By 2008, the predicted age of a randomly selected word in this text reached 178 years. The judiciary, for its part, might not interpret the text until decades after ratification. For Article V amendments, the average lag between ratification and Supreme Court interpretation has been about 40 years. The question is how these features of our supreme law might influence the choice of interpretive method and, ultimately, constitutional decision-making. In particular, some scholars indicate that originalism may be a strong force in adjudication …
Regulating The Rulemakers: A Proposal For Deliberative Cost-Benefit Analysis, Jennifer Nou
Regulating The Rulemakers: A Proposal For Deliberative Cost-Benefit Analysis, Jennifer Nou
Articles
No abstract provided.
The State Of Legal Scholarship Today: A Comment On Schlag, Richard A. Posner
The State Of Legal Scholarship Today: A Comment On Schlag, Richard A. Posner
Articles
No abstract provided.
Homeownership 2.0, Lee Anne Fennell
In Memoriam: David P. Currie (1936-2007), Geoffrey R. Stone
In Memoriam: David P. Currie (1936-2007), Geoffrey R. Stone
Articles
No abstract provided.
Originalism And Precedent: Why Conservatives Shouldn't Be Originalists, David A. Strauss
Originalism And Precedent: Why Conservatives Shouldn't Be Originalists, David A. Strauss
Articles
No abstract provided.