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Full-Text Articles in Law
Why We Need Term Limits For Congress: Four In The Senate, Ten In The House, Richard A. Epstein
Why We Need Term Limits For Congress: Four In The Senate, Ten In The House, Richard A. Epstein
Articles
No abstract provided.
Why I Will Never Be A Keynesian, Richard A. Epstein
What Judges Think Of The Quality Of Legal Representation, Richard A. Posner, Albert H. Yoon
What Judges Think Of The Quality Of Legal Representation, Richard A. Posner, Albert H. Yoon
Articles
Studying the legal profession poses several challenges. The evolution of law has moved lawyers away from a generalist practice towards increased specialization. This makes it difficult to compare lawyers across different practice areas meaningfully and to provide a comprehensive assessment of the legal profession. Judges are well situated to provide such an evaluation, given their experience and scope of cases. This Article reports the responses of federal and state judges to a survey we conducted in 2008. The questions relate to their perceptions of the quality of legal representation, generally and in criminal and civil cases; how the quality of …
Statutes' Domains And Judges' Prerogatives, David A. Strauss
Statutes' Domains And Judges' Prerogatives, David A. Strauss
Articles
No abstract provided.
Kafka: The Writer As Lawyer (Reviewing Stanley Corngold, Jack Greenberg & Benno Wagner, Eds., Franz Kafka: The Office Writings (2009)), Richard A. Posner
Kafka: The Writer As Lawyer (Reviewing Stanley Corngold, Jack Greenberg & Benno Wagner, Eds., Franz Kafka: The Office Writings (2009)), Richard A. Posner
Articles
No abstract provided.
Executive Power In Political And Corporate Contexts, Richard A. Epstein
Executive Power In Political And Corporate Contexts, Richard A. Epstein
Articles
No abstract provided.
Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Ford
Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Ford
Articles
No abstract provided.
Subconstitutionalism, Tom Ginsburg, Eric A. Posner
Latin American Presidentialism In Comparative And Historical Perspective, Tom Ginsburg, Jose Antonio Cheibub, Zachary Elkins
Latin American Presidentialism In Comparative And Historical Perspective, Tom Ginsburg, Jose Antonio Cheibub, Zachary Elkins
Articles
No abstract provided.
Justifying Jones, M. Todd Henderson
Modeling Terrorist Radicalization The New Face Of Discrimination: Muslim In America, Aziz Huq
Modeling Terrorist Radicalization The New Face Of Discrimination: Muslim In America, Aziz Huq
Articles
No abstract provided.
Temporal Imperialism, Alison Lacroix
Temporal Imperialism, Alison Lacroix
Articles
Issues of time and temporality pervade American constitutional adjudication, at both a doctrinal and a broader, structural level. The doctrinal issue concerns the extent to which judicial decisions operate forward, backward, or some combination of both across time. The structural issue concerns the related and overarching question of how the Supreme Court, as a court, operates in time, and the temporal division of authority between courts and legislatures. In both contexts, the Supreme Court is an actor in time. This Article examines the Court's treatment of temporal issues through three case studies: (1) a pair of early decisions in which …
Ambiguous Statutes, Saul Levmore
Interest Groups And The Problem With Incrementalism, Saul Levmore
Interest Groups And The Problem With Incrementalism, Saul Levmore
Articles
Incrementalism, as opposed to dramatic change, is conventionally lauded in law as the prudent path of change-a path that gives credit to history and precedent. The conventional view, however, pays little attention to interest groups. Step-by-step change poses a serious problem when it rearranges the constellation of supporters and opponents of further moves. The core problem is that once an interest group loses and becomes subject to some regulation, it has reason to turn on its competitors and see to it that they also be regulated. The laws that emerge on the incrementalist's path therefore may not mark progress toward …
Easterbrook On Copyright, Randal C. Picker
Justiciability And The Role Of Courts In Adequacy Litigation: Preserving The Constitutional Right To Education, Julia Simon-Kerr, Robynn K. Sturm
Justiciability And The Role Of Courts In Adequacy Litigation: Preserving The Constitutional Right To Education, Julia Simon-Kerr, Robynn K. Sturm
Articles
In the first study of opinions handed down in education adequacy litigation between January 2005 and January 2008, this Article shows a marked shift away from outcomes favorable to adequacy plaintiffs. Following two decades in which courts spurred significant reforms in our nation's neediest schools by interpreting the education clauses of their state constitutions to guarantee an "adequate" education for all students, the years 2005 to 2008 have seen a dramatic change in the judicial response to adequacy litigation. Through an analysis of the latest body of cases, we show that separation of powers concerns have begun to drive state …
American Booksellers Association V. Hudnut: The Government Must Leave To The People The Evaluation Of Ideas, Geoffrey R. Stone
American Booksellers Association V. Hudnut: The Government Must Leave To The People The Evaluation Of Ideas, Geoffrey R. Stone
Articles
No abstract provided.
Pre-Closing Liability, Omri Ben-Shahar
Pregnant Man: Amazon Or Etana?, Mary Anne Case, Noa Ben-Asher, Elizabeth Emens, Darren Rosenblum
Pregnant Man: Amazon Or Etana?, Mary Anne Case, Noa Ben-Asher, Elizabeth Emens, Darren Rosenblum
Articles
No abstract provided.
Eastphalia And Asian Regionalism, Tom Ginsburg
Controlling Residential Stakes, Lee Anne Fennell, Julie Roin
Controlling Residential Stakes, Lee Anne Fennell, Julie Roin
Articles
Local communities often suffer when residents have too small a stake in their homes-a point underscored by recent rashes of foreclosures and abandonments, and implicated by longstanding questions about the effects on communities of renters and owner-occupants, respectively. However, homeowners with too great a financial stake in their homes can also cause difficulties for local governance by acting as risk-averse NIMBYs. Local governments should have a strong interest in helping members of their communities move away from problematic forms of stakeholding and toward more desirable intermediate positions. This Article examines how and why governmental entities at the state and local …