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Articles

University of Chicago Law School

2008

Articles 1 - 30 of 81

Full-Text Articles in Law

The Decline And Fall Of At&T: A Personal Recollection, Richard A. Posner Dec 2008

The Decline And Fall Of At&T: A Personal Recollection, Richard A. Posner

Articles

No abstract provided.


Hedonic Adaptation And The Settlement Of Civil Lawsuits, Jonathan Masur, John Bronsteen, Christopher Buccafusco Oct 2008

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 …


The World Of The Framers: A Christian Nation?, Geoffrey R. Stone Oct 2008

The World Of The Framers: A Christian Nation?, Geoffrey R. Stone

Articles

No abstract provided.


Valuing Laws As Local Amenities, Anup Malani Mar 2008

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 Mar 2008

The Roberts Court, Stare Decisis, And The Future Of Constitutional Law, Geoffrey R. Stone

Articles

No abstract provided.


In Memoriam: David P. Currie (1936–2007), Saul Levmore Jan 2008

In Memoriam: David P. Currie (1936–2007), Saul Levmore

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No abstract provided.


Little Rock And The Legacy Of Brown, David A. Strauss Jan 2008

Little Rock And The Legacy Of Brown, David A. Strauss

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No abstract provided.


Originalism And Precedent: Why Conservatives Shouldn't Be Originalists, David A. Strauss Jan 2008

Originalism And Precedent: Why Conservatives Shouldn't Be Originalists, David A. Strauss

Articles

No abstract provided.


Competition And Privacy In Web 2.0 And The Cloud, Randal C. Picker Jan 2008

Competition And Privacy In Web 2.0 And The Cloud, Randal C. Picker

Articles

No abstract provided.


Privacy Versus Antidiscrimination, Lior Strahilevitz Jan 2008

Privacy Versus Antidiscrimination, Lior Strahilevitz

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No abstract provided.


The Decline Of Literary Criticism, Richard A. Posner Jan 2008

The Decline Of Literary Criticism, Richard A. Posner

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No abstract provided.


Terror And The Law, Curtis A. Bradley Jan 2008

Terror And The Law, Curtis A. Bradley

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No abstract provided.


Bankruptcy's Undiscovered Country, Douglas G. Baird Jan 2008

Bankruptcy's Undiscovered Country, Douglas G. Baird

Articles

No abstract provided.


Homeownership 2.0, Lee Anne Fennell Jan 2008

Homeownership 2.0, Lee Anne Fennell

Articles

No abstract provided.


In Memoriam: David P. Currie (1936-2007), Geoffrey R. Stone Jan 2008

In Memoriam: David P. Currie (1936-2007), Geoffrey R. Stone

Articles

No abstract provided.


Originalism And Pragmatism: Pragmatism's Role In Interpretation, Frank H. Easterbrook Jan 2008

Originalism And Pragmatism: Pragmatism's Role In Interpretation, Frank H. Easterbrook

Articles

No abstract provided.


Reputation Nation: Law In An Era Of Ubiquitous Personal Information, Lior Strahilevitz Jan 2008

Reputation Nation: Law In An Era Of Ubiquitous Personal Information, Lior Strahilevitz

Articles

No abstract provided.


The Chicago School And Exclusionary Conduct, Frank H. Easterbrook Jan 2008

The Chicago School And Exclusionary Conduct, Frank H. Easterbrook

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No abstract provided.


Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyam Balganesh Jan 2008

Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyam Balganesh

Articles

The right to exclude has long been considered a central component of property. In focusing on the element of exclusion, courts and scholars have paid little attention to what an owner's right to exclude means and the forms in which this right might manifest itself in actual property practice. For some time now, the right to exclude has come to be understood as nothing but an entitlement to injunctive relief- that whenever an owner successfully establishes title and an interference with the same, an injunction will automatically follow. Such a view attributes to the right a distinctively consequentialist meaning, which …


Soft Law: Lessons From Congressional Practice, Jacob Gersen, Eric A. Posner Jan 2008

Soft Law: Lessons From Congressional Practice, Jacob Gersen, Eric A. Posner

Articles

Soft law consists of rules issued by lawmaking bodies that do not comply with procedural formalities necessary to give the rules legal status yet nonetheless influence the behavior of other lawmaking bodies and of the public. Soft law has been much discussed in the literatures on international law, constitutional law, and administrative law, yet congressional soft-lawmaking, such as the congressional resolution, has received little attention. Congressional soft law affects behavior by informing the public and political institutions about the intentions and policy preferences of Congress, which are informative about future hard law as well as of Congress's view of the …


Documenting Discrimination?, Adam B. Cox, Thomas J. Miles Jan 2008

Documenting Discrimination?, Adam B. Cox, Thomas J. Miles

Articles

No abstract provided.


The New Legal Realism, Thomas J. Miles, Cass R. Sunstein Jan 2008

The New Legal Realism, Thomas J. Miles, Cass R. Sunstein

Articles

No abstract provided.


David P. Currie (1936-2007) In Memoriam, Richard A. Epstein, Gerhard Casper, David Gossett, Herma Hill Kay Jan 2008

David P. Currie (1936-2007) In Memoriam, Richard A. Epstein, Gerhard Casper, David Gossett, Herma Hill Kay

Articles

No abstract provided.


The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa Jan 2008

The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa

Articles

No abstract provided.


On Constitutional Changes To Limit Government, Frank H. Easterbrook Jan 2008

On Constitutional Changes To Limit Government, Frank H. Easterbrook

Articles

No abstract provided.


The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley Jan 2008

The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley

Articles

No abstract provided.


Free Speech In The Twenty-First Century: Ten Lessons From The Twentieth Century Lead Article, Geoffrey R. Stone Jan 2008

Free Speech In The Twenty-First Century: Ten Lessons From The Twentieth Century Lead Article, Geoffrey R. Stone

Articles

No abstract provided.


Human Welfare, Not Human Rights, Eric A. Posner Jan 2008

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 Jan 2008

Property Rights, Public Use, And The Perfect Storm: An Essay In Honor Of Bernard H. Siegan, Richard A. Epstein

Articles

No abstract provided.


Symposium: Public International Law And Economics - Introduction, Tom Ginsburg, Christoph Engel, Anne Van Aaken Jan 2008

Symposium: Public International Law And Economics - Introduction, Tom Ginsburg, Christoph Engel, Anne Van Aaken

Articles

No abstract provided.