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Full-Text Articles in Law
The Illusory Right To Abandon, Eduardo Peñalver
The Illusory Right To Abandon, Eduardo Peñalver
Articles
The unilateral and unqualified nature of the right to abandon (at least as it is usually described) appears to make it a robust example of the law's concern to safeguard the individual autonomy interests that many contemporary commentators have identified as lying at the heart of the concept of private ownership. The doctrine supposedly empowers owners of chattels freely and unilaterally to abandon them by manifesting the clear intent to do so, typically by renouncing possession of the object in a way that communicates the intent to forgo any future claim to it. A complication immediately arises, however due to …
Retribution And The Experience Of Punishment, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Retribution And The Experience Of Punishment, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Articles
No abstract provided.
Welfare As Happiness, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Welfare As Happiness, Jonathan Masur, John Bronsteen, Christopher Buccafusco
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No abstract provided.
Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Richard A. Posner
Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Richard A. Posner
Articles
No abstract provided.
The Institutional Dynamics Of Transition Relief, Jonathan Masur, Jonathan Remy Nash
The Institutional Dynamics Of Transition Relief, Jonathan Masur, Jonathan Remy Nash
Articles
Whether and how to provide transition relief from a change in legal regime is a question of critical importance. Legislatures and agencies effect changes to the law constantly, and affected private actors often seek relief from those changes, at least in the short term. Scholarship on transition relief therefore has focused almost entirely on examining when transition relief might be justified and now recognizes that there may be settings where relief from legal transitions is appropriate. Yet largely absent from these treatments is an answer to the question of which institutional actor is best positioned to decide when legal transition …
The Authority For Federalism: Madison's Negative And The Origins Of Federal Ideology, Alison Lacroix
The Authority For Federalism: Madison's Negative And The Origins Of Federal Ideology, Alison Lacroix
Articles
No abstract provided.
What Tort Theory Tells Us About Federal Preemption: The Tragic Saga Of Wyeth V. Levine, Richard A. Epstein
What Tort Theory Tells Us About Federal Preemption: The Tragic Saga Of Wyeth V. Levine, Richard A. Epstein
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No abstract provided.
Eastphalia As The Perfection Of Westphalia, Tom Ginsburg
Eastphalia As The Perfection Of Westphalia, Tom Ginsburg
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No abstract provided.
Private Regulation And Foreign Conduct, Adam I. Muchmore
Private Regulation And Foreign Conduct, Adam I. Muchmore
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No abstract provided.
Dupes And Losers In Mail Fraud, Thomas J. Miles
Carbon Dioxide: Our Newest Pollutant, Richard A. Epstein
Carbon Dioxide: Our Newest Pollutant, Richard A. Epstein
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No abstract provided.
Foreign Sovereign Immunity And Domestic Officer Suit, Curtis A. Bradley, Jack L. Goldsmith
Foreign Sovereign Immunity And Domestic Officer Suit, Curtis A. Bradley, Jack L. Goldsmith
Articles
We recently argued in these pages that international law treats official-capacity suits brought against a foreign state’s officers as suits against the state itself and thus as subject to the state’s immunity, even in suits alleging human rights abuses.1 This immunity regime under international law differs from the immunity regime that applies in the United States in suits brought against state and federal officials for violations of federal law. Despite the federal government’s sovereign immunity and the immunity of state governments under Eleventh Amendment jurisprudence, courts often allow suits against federal and state officers for their official actions. While …
Predicting Crime, M. Todd Henderson, Justin Wolfers, Eric Zitzewitz
Predicting Crime, M. Todd Henderson, Justin Wolfers, Eric Zitzewitz
Articles
Prediction markets have been proposed for a variety of public policy purposes, but no one has considered their application in perhaps the most obvious policy area.: crime. This Article proposes and examines the use of prediction markets to forecast crime rates and the potential impact on crime policy, such as changes in resource allocation, policing strategies, sentencing, post-conviction treatment, and so on. First, we argue that prediction markets are especially useful in crime rate forecasting and criminal policy analysis because information relevant to decisionmakers is voluminous, dispersed, and difficult to process efficiently. After surveying the current forecasting practices and techniques, …
Economic Costs Of Inequality, Richard H. Mcadams
Nra V. City Of Chicago : Does The Second Amendment Bind Frank Easterbrook?, Richard A. Epstein
Nra V. City Of Chicago : Does The Second Amendment Bind Frank Easterbrook?, Richard A. Epstein
Articles
No abstract provided.
Against Feasibility Analysis, Jonathan Masur, Eric A. Posner
Against Feasibility Analysis, Jonathan Masur, Eric A. Posner
Articles
Feasibility analysis, a method of evaluating government regulations, has emerged as the major alternative to cost-benefit analysis. Although regulatory agencies have used feasibility analysis (in some contexts called "technology-based" analysis) longer than cost-benefit analysis, feasibility analysis has received far less attention in the scholarly literature. In recent years; however, critics of cost-benefit analysis have offered feasibility analysis as a superior alternative. We advance the debate by uncovering the analytic structure of feasibility analysis and its normative premises, and then criticizing them. Our account builds on two examples of feasibility analysis, one conducted by OSHA and the other by EPA. We …
The Judiciary And The Academy: A Fraught Relationship, Richard A. Posner
The Judiciary And The Academy: A Fraught Relationship, Richard A. Posner
Articles
No abstract provided.
Constitutions And Capabilities: A (Necessarily) Pragmatic Approach, Diane P. Wood
Constitutions And Capabilities: A (Necessarily) Pragmatic Approach, Diane P. Wood
Articles
No abstract provided.
A Lot To Ask (Reviewing Martha Nussbaum, From Disgust To Humanity: Sexual Orientation And Constitutional Law (2010)), Mary Anne Case
A Lot To Ask (Reviewing Martha Nussbaum, From Disgust To Humanity: Sexual Orientation And Constitutional Law (2010)), Mary Anne Case
Articles
No abstract provided.
Bankruptcy And Restructuring Of Financial Institutions (Discussion Remarks), Edward Morrison
Bankruptcy And Restructuring Of Financial Institutions (Discussion Remarks), Edward Morrison
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No abstract provided.
Reassessing The State And Local Government Toolkit: Introduction, Julie Roin, Lee Anne Fennell, Richard A. Epstein
Reassessing The State And Local Government Toolkit: Introduction, Julie Roin, Lee Anne Fennell, Richard A. Epstein
Articles
No abstract provided.
The Arbitrator As Agent: Why Deferential Review Is Not Always Pro-Arbitration, Tom Ginsburg
The Arbitrator As Agent: Why Deferential Review Is Not Always Pro-Arbitration, Tom Ginsburg
Articles
No abstract provided.
Low Stakes And Constitutional Interpretation, Adam M. Samaha
Low Stakes And Constitutional Interpretation, Adam M. Samaha
Articles
Many of us engage in debates, sometimes intense debates, over the proper method of constitutional interpretation for judges. This Essay offers six reasons to believe that these debates involve low stakes, in the sense that the choice among competing methods will not determine outcomes in a significant number of important cases. These reasons involve mainstream constraints, overlapping results, indeterminate results, intolerable results, interpretation without decision, and inconsequential decisions. After a suitably brief investigation of theoretical and experimental resources on low-stakes decision making, the Essay suggests how debates over constitutional interpretation by judges might proceed if more people become convinced that …
On Law's Tiebreakers, Adam M. Samaha
On Law's Tiebreakers, Adam M. Samaha
Articles
Tiebreakers are familiar tools for decisionmaking. Ready examples include penalty shootouts in soccer matches and vice presidents breaking tie votes in the Senate. But we lack a precise understanding of the concept and a normative theory for the use of tiebreakers. This Article strictly defines a tiebreaker as a kind of lexically inferior decision rule and then builds justifications for tiebreaking decision structures. Concentrating on situations in which ties are considered intolerable, the Article suggests methods for either preventing ties or designing sensible tiebreakers. As to the latter, tradeoffs are identified for the use of random variables, morally relevant variables, …
Honoring The Legacies Of Justices William J. Brennan, Jr., And Justice Thurgood Marshall, Geoffrey R. Stone
Honoring The Legacies Of Justices William J. Brennan, Jr., And Justice Thurgood Marshall, Geoffrey R. Stone
Articles
No abstract provided.
Academic Fraud Today: Its Social Causes And Institutional Responses, Richard A. Epstein
Academic Fraud Today: Its Social Causes And Institutional Responses, Richard A. Epstein
Articles
No abstract provided.
Antibankruptcy, Douglas G. Baird, Robert K. Rasmussen
Antibankruptcy, Douglas G. Baird, Robert K. Rasmussen
Articles
In large Chapter 11 cases, the prototypical creditor is no longer a small player holding a claim much like everyone else's, but rather a distressed debt professional advancing her own agenda. Secured creditors are more pervasive and enjoy much more control than they had even a decade ago. Moreover, financial innovation has dramatically increased the complexity of each investor's position. As a result of these and other changes, the legal system now faces a challenge that is much like assembling a city block that has been broken up into many parcels. There exists an anticommons problem, a world in which …
International Agreements, Internal Heterogeneity, And Climate Change: The Two Chinas Problem, Daniel Abebe, Jonathan Masur
International Agreements, Internal Heterogeneity, And Climate Change: The Two Chinas Problem, Daniel Abebe, Jonathan Masur
Articles
No abstract provided.
Pseudonymous Litigation, Lior Strahilevitz
What Feminists Have To Lose In Same-Sex Marriage Litigation, Mary Anne Case
What Feminists Have To Lose In Same-Sex Marriage Litigation, Mary Anne Case
Articles
This Article highlights both the rewards in accepting and the risks in rejecting a claim of sex discrimination as one constitutional basis for invalidating restrictions on marriage for same-sex couples. It argues that recognition of same-sex marriage and elimination of enforced sex roles are as inextricably intertwined as the duck is with the rabbit in the famous optical illusion. As the Article demonstrates, this has long been clear to opponents, from the pope to David Blankenhorn, but needs to become as clear to proponents and to judges deciding same-sex marriage cases if we are to preserve and extend the liberty …