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Articles 31 - 60 of 319
Full-Text Articles in Law
Willingness To Pay Vs. Welfare, Cass R. Sunstein
Judicial Deference And The Credibility Of Agency Commitments, Jonathan Masur
Judicial Deference And The Credibility Of Agency Commitments, Jonathan Masur
Articles
No abstract provided.
The Law Of Nature And The Early History Of Unenumerated Rights In The United States, Richard H. Helmholz
The Law Of Nature And The Early History Of Unenumerated Rights In The United States, Richard H. Helmholz
Articles
This Paper seeks to make a modest contribution to the topic of unenumerated rights in American constitutional law by examining the role that natural law played in our legal system at the time of the founding of the Republic-a period here taken, largely for the sake of convenience, to run from the 1 7 90s through the 1820s. The Paper's focus is on case law, rather than legal theory or constitutional doctrine, although I have tried to say enough about the law of nature as it was understood at the time to put the cases into their intellectual context. Whether …
Technology, Information, And Bankruptcy, Douglas G. Baird
Technology, Information, And Bankruptcy, Douglas G. Baird
Articles
Financial innovations, spurred by the growth of information technology, have transformed the consumer lending industry. Today lenders have unfettered access to a wider spectrum of borrowers and are better able to assess the likelihood that these borrowers will repay the debt they incur. Consequently, the level of consumer household debt has risen dramatically in the past three decades, and will continue to rise, which will lead naturally to an increase in bankruptcy filings. Although our initial intuition tells us that bankruptcies are bad, the author advances the idea that this development is inevitable and that instead of focusing on amending …
All The World's The Men's Room, Mary Anne Case
Coniston Corp V. Village Of Hoffman Hills: How To Make Procedural Due Process Disappear, Richard A. Epstein
Coniston Corp V. Village Of Hoffman Hills: How To Make Procedural Due Process Disappear, Richard A. Epstein
Articles
No abstract provided.
How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein
How To Solve (Or Avoid) The Exactions Problem, Richard A. Epstein
Articles
No abstract provided.
Judge Richard Posner On Civil Liberties: Pragmatic Authoritarian Libertarian, Bernard E. Harcourt
Judge Richard Posner On Civil Liberties: Pragmatic Authoritarian Libertarian, Bernard E. Harcourt
Articles
No abstract provided.
Against Irreparable Benefits, Omri Ben-Shahar
Against Irreparable Benefits, Omri Ben-Shahar
Articles
The conventional approach to preliminary relief focuses on irreparable harm but entirely neglects irreparable benefits. That is hard to understand. Errant irreversible harms are important because they distort incentives and have lasting distributional con
Introduction To The Italian Edition Of Overdose, Richard A. Epstein
Introduction To The Italian Edition Of Overdose, Richard A. Epstein
Articles
No abstract provided.
Deference, Delegation, And Immigration Law, Adam B. Cox
Deference, Delegation, And Immigration Law, Adam B. Cox
Articles
No abstract provided.
If People Would Be Outraged By Their Rulings, Should Judges Care, Cass R. Sunstein
If People Would Be Outraged By Their Rulings, Should Judges Care, Cass R. Sunstein
Articles
At first glance, judicial anticipation of public outrage and its effects seems incompatible with judicial independence. Nonetheless, judges might be affected by the prospect of outrage for both consequentialist and epistemic reasons. If a judicial ruling would undermine the cause that it is meant to promote or impose serious social harms, judges might have reason to hesitate on consequentialist grounds. The prospect ofpublic outrage might also suggest that the court's ruling would be incorrect on the merits; if most people disagree with the court's decision, perhaps the court is wrong. Those who adopt a method of constitutional interpretation on consequentialist …
The Temporal Dimension Of Voting Rights, Adam B. Cox
Government Secrecy Vs. Freedom Of The Press, Geoffrey R. Stone
Government Secrecy Vs. Freedom Of The Press, Geoffrey R. Stone
Articles
No abstract provided.
Introduction, Cass R. Sunstein, David A. Weisbach
Posner On Economic Loss In Tort: Evra Corp V. Swiss Bank, Thomas J. Miles
Posner On Economic Loss In Tort: Evra Corp V. Swiss Bank, Thomas J. Miles
Articles
No abstract provided.
In Memoriam: Bernard D. Meltzer (1914-2007), Douglas G. Baird
In Memoriam: Bernard D. Meltzer (1914-2007), Douglas G. Baird
Articles
No abstract provided.
Memo To The President (And His Opponents): Ideology Still Counts, David A. Strauss
Memo To The President (And His Opponents): Ideology Still Counts, David A. Strauss
Articles
No abstract provided.
Property And Half-Torts, Lee Anne Fennell
Property And Half-Torts, Lee Anne Fennell
Articles
The idea that a tort can be split analytically into two parts -risk and harm- underlies a great deal of torts scholarship. Yet the notion has been all but ignored by property scholars employing Calabresi and Melamed's famous entitlement framework. Thus, i
The Case For For-Profit Charities, Anup Malani, Eric A. Posner
The Case For For-Profit Charities, Anup Malani, Eric A. Posner
Articles
No abstract provided.
The Neoclassical Economics Of Consumer Contracts, Richard A. Epstein
The Neoclassical Economics Of Consumer Contracts, Richard A. Epstein
Articles
No abstract provided.
Symposium On Intergenerational Equity And Discounting, David A. Weisbach, Cass R. Sunstein
Symposium On Intergenerational Equity And Discounting, David A. Weisbach, Cass R. Sunstein
Articles
No abstract provided.
Zoning: Deliberative Democracy At Zero Prices, Richard A. Epstein
Zoning: Deliberative Democracy At Zero Prices, Richard A. Epstein
Articles
No abstract provided.
Tribute To Bernard Meltzer, Saul Levmore
Originalism And Emergencies: A Reply To Lawson, Eric A. Posner, Adrian Vermeule
Originalism And Emergencies: A Reply To Lawson, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.
In Defense Of Prometheus: Some Ethical, Economic, And Regulatory Issues Of Sports Doping, Richard A. Posner
In Defense Of Prometheus: Some Ethical, Economic, And Regulatory Issues Of Sports Doping, Richard A. Posner
Articles
No abstract provided.
Tribute To Ronald Dworkin And A Note On Pragmatic Adjudication, Richard A. Posner
Tribute To Ronald Dworkin And A Note On Pragmatic Adjudication, Richard A. Posner
Articles
No abstract provided.
The New Market For Federal Judicial Law Clerks, Richard A. Posner, Christopher Avery, Christine Jolls, Alvin E. Roth
The New Market For Federal Judicial Law Clerks, Richard A. Posner, Christopher Avery, Christine Jolls, Alvin E. Roth
Articles
No abstract provided.
National Security V. Civil Liberties, Geoffrey R. Stone
National Security V. Civil Liberties, Geoffrey R. Stone
Articles
No abstract provided.
The Anti-Formalist, David A. Strauss