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Articles 31 - 60 of 324
Full-Text Articles in Law
Enforcing Bargains In An Ongoing Marriage, Mary Anne Case
Enforcing Bargains In An Ongoing Marriage, Mary Anne Case
Articles
No abstract provided.
Detention And Deportation With Inadequate Due Process: The Devastating Consequences Of Juvenile Involvement With Law Enforcement For Immigrant Youth, Elizabeth Frankel
Detention And Deportation With Inadequate Due Process: The Devastating Consequences Of Juvenile Involvement With Law Enforcement For Immigrant Youth, Elizabeth Frankel
Articles
No abstract provided.
Building Reputation In Constitutional Courts: Political And Judicial Audiences, Tom Ginsburg, Nuno Garoupa
Building Reputation In Constitutional Courts: Political And Judicial Audiences, Tom Ginsburg, Nuno Garoupa
Articles
No abstract provided.
Empiricism And The Rising Incidence Of Coauthorship In Law, Tom Ginsburg, Thomas J. Miles
Empiricism And The Rising Incidence Of Coauthorship In Law, Tom Ginsburg, Thomas J. Miles
Articles
The recent growth of empirical scholarship in law, which some have termed "empirical legal studies," has received much attention. A less-noticed implication of this trend is its potential impact on the manner of scholarly production in legal academia. A common prediction is that academic collaboration rises with scholarly specialization. As the complexity of a field grows, more human capital and more diverse types of human capital are needed to make a contribution. This Article presents two tests of whether empiricism has spurred more coauthorship in law. First, the Article shows that the fraction of articles in the top fifteen law …
Reducing Mass Incarceration: Lessons From The Deinstitutionalization Of Mental Hospitals In The 1960s, Bernard E. Harcourt
Reducing Mass Incarceration: Lessons From The Deinstitutionalization Of Mental Hospitals In The 1960s, Bernard E. Harcourt
Articles
No abstract provided.
Heller's Gridlock Economy In Perspective: Why There Is Too Little, Not Too Much Private Property, Richard A. Epstein
Heller's Gridlock Economy In Perspective: Why There Is Too Little, Not Too Much Private Property, Richard A. Epstein
Articles
This Article critiques Michael Heller's important contribution in The Gridlock Economy. At no point does this Article take the position that gridlock, or the associated anticommons, is not a serious issue in the design of a legal system. But gridlock is not the major source of social dislocation; nor is private ownership the major source of gridlock. More concretely, this Article examines the other important sources of economic distortion that are unrelated to economic gridlock from private action. These include the use of excessive government subsidies (as with health care); misguided government licenses (as with broadcast licenses); the unwise use …
India's Evolving Patent Laws And The Wto Obligations: The Rejection Of Abbott Laboratories' Application For A New Kaletra Patent, Adam S. Chilton
India's Evolving Patent Laws And The Wto Obligations: The Rejection Of Abbott Laboratories' Application For A New Kaletra Patent, Adam S. Chilton
Articles
No abstract provided.
Patent Liability Rules As Search Rules, Jonathan Masur
Patent Liability Rules As Search Rules, Jonathan Masur
Articles
Patent law's infringement doctrines, commonly understood to be simply rules of liability, are in fact search rules as well. Patent liability rules determine not only who will be responsible for what conduct, but also when patent holders and potential infringers will benefit from locating (or remaining ignorant of) one another. They thus affect the conditions under which parties will have incentives to engage in search. The dynamics of patent search are actually quite complicated. Under normal circumstances, patent law's liability rules generate approximately optimal investments in search as both patent holders and possible infringers have incentives to locate one another. …
Fixing Unfair Contracts, Omri Ben-Shahar
Fixing Unfair Contracts, Omri Ben-Shahar
Articles
Various doctrines of contract and consumer protection law allow courts to strike down unfair contract terms. A large literature has explored the question which terms should be viewed as unfair, but a related question has never been studied systematically-what provision should replace the vacated unfair term? How should a distributively unfair contract be fixed? This Article demonstrates that the law uses three competing criteria for a replacement provision: (1) the most reasonable term; (2) a punitive term, strongly unfavorable to the overreaching party; and (3) the minimally tolerable term, which preserves the original term as much as is tolerable. The …
The Failure Of Mandated Discourse, Omri Ben-Shahar, Carl E. Schneider
The Failure Of Mandated Discourse, Omri Ben-Shahar, Carl E. Schneider
Articles
This Article explores the spectacular prevalence, and failure, of the single most common technique for protecting personal autonomy in modern society: mandated disclosure. The Article has four Parts: (1) a comprehensive summary of the recurring use of mandated disclosures, in many forms and circumstances, in the areas of consumer and borrower protection, patient informed consent, contract formation, and constitutional rights; (2) a survey of the empirical literature documenting the failure of the mandated disclosure regime in informing people and in improving their decisions; (3) an account of the multitude of reasons mandated disclosures fail, focusing on the political dynamics underlying …
The Creditors' Bargain And Option-Preservation Priority In Chapter 11, Anthony Casey
The Creditors' Bargain And Option-Preservation Priority In Chapter 11, Anthony Casey
Articles
Corporate reorganization under Chapter 11 of the Bankruptcy Code is built on the foundation of the absolute priority rule, which requires that senior creditors be paid in full before any value can be distributed to junior creditors. The standard law and economics understanding is that absolute priority follows inevitably from the "creditors' bargain" model. That model tells us that the optimal system of reorganization must respect nonbankruptcy contract rights while maximizing the expected value of assets in bankruptcy. The conventional wisdom is that absolute priority fits this bill as the singular way of protecting creditors' nonbankruptcy contract rights. But what …
Of Pleading And Discovery: Reflections On Twombly And Iqbal With Special Reference To Antitrust, Richard A. Epstein
Of Pleading And Discovery: Reflections On Twombly And Iqbal With Special Reference To Antitrust, Richard A. Epstein
Articles
This Essay explores the evolving influence of Twombly and Iqbal on modern antitrust litigation. The author argues that any proposed statutory repudiation of Twombly and Iqbal is premature. He also develops a model that calls for a periodic reevaluation of the overall strength of a plaintiffs case to see if a final motion dismissing the case or some part thereof is appropriate before discovery runs its course. That approach should be followed in a limited number of big cases. The key to the successful judicial administration of discovery is to require that plaintiffs gather publicly available information in order to …
Direct Democracy: Government Of The People, By The People, And For The People, Richard A. Epstein
Direct Democracy: Government Of The People, By The People, And For The People, Richard A. Epstein
Articles
No abstract provided.
Comment On Merrill On The Law Of Waste, Richard A. Posner
Comment On Merrill On The Law Of Waste, Richard A. Posner
Articles
No abstract provided.
Electoral Exceptionalism And The First Amendment: A Road Paved With Good Intentions, Geoffrey R. Stone
Electoral Exceptionalism And The First Amendment: A Road Paved With Good Intentions, Geoffrey R. Stone
Articles
No abstract provided.
Federalizing Fiduciary Duty: The Altered Scope Of Officer Fiduciary Duty Following Orderly Liquidation Under Dodd-Frank, Dorothy Shapiro Lund
Federalizing Fiduciary Duty: The Altered Scope Of Officer Fiduciary Duty Following Orderly Liquidation Under Dodd-Frank, Dorothy Shapiro Lund
Articles
No abstract provided.
Presidential Power, Historical Practice, And Legal Constraint, Curtis A. Bradley, Trevor W. Morrison
Presidential Power, Historical Practice, And Legal Constraint, Curtis A. Bradley, Trevor W. Morrison
Articles
The scope of the President’s legal authority is determined in part by historical practice. This Essay aims to better understand how such practice-based law might operate as a constraint on the presidency. In part because of the limited availability of judicial review in this area, some commentators have suggested that presidential authority has become “unbounded” by law and is now governed only or primarily by politics. At the same time, there has been growing skepticism about the ability of the familiar political checks on presidential power to work in any systematic or reliable fashion. Whether and how practice-based law might …
On The Evasion Of Executive Term Limits, Tom Ginsburg, Zachary Elkins, James Melton
On The Evasion Of Executive Term Limits, Tom Ginsburg, Zachary Elkins, James Melton
Articles
Executive term limits are precommitments through which the polity restricts its ability to retain a popular executive down the road. But in recent years, many presidents around the world have chosen to remain in office even after their initial maximum term in office has expired. They have largely done so by amending the constitution, sometimes by replacing it entirely. The practice of revising higher law for the sake of a particular incumbent raises intriguing issues that touch ultimately on the normative justification for term limits in the first place. This Article reviews the normative debate over term limits and identifies …
Randomization And The Fourth Amendment, Bernard E. Harcourt, Tracey L. Meares
Randomization And The Fourth Amendment, Bernard E. Harcourt, Tracey L. Meares
Articles
Randomized checkpoint searches are generally taken to be the exact antithesis of reasonableness under the Fourth Amendment. In the eyes of most jurists checkpoint searches violate the central requirement of valid Fourth Amendment searches-namely, individualized suspicion. We disagree. In this Article, we contend that randomized searches should serve as the very lodestar of a reasonable search. The notion of "individualized" suspicion is misleading; most suspicion in the modem policing context is group based and not individual specific. Randomized searches by definition are accompanied by a certain level of suspicion. The constitutional issue, we maintain, should not turn on the question …
Regulation For The Sake Of Appearance, Adam M. Samaha
Regulation For The Sake Of Appearance, Adam M. Samaha
Articles
Appearance is often given as a justification for decisions, including government decisions, but the logic of appearance arguments is not well theorized. This Article develops a framework for understanding and evaluating appearance-based justifications for government decisions. First, working definitions are offered to distinguish appearance from reality. Next, certain relationships between appearance and reality are singled out for attention. Sometimes reality is insulated from appearance, sometimes appearance helps drive reality over time, and sometimes appearance and reality collapse from the outset. Finally, sets of normative questions are suggested based on the supposed relationship between appearance and reality for a given situation. …
Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer
Protecting Women's Human Rights: A Case Study In The Philippines, Tamar Ezer
Articles
No abstract provided.
What If Madison Had Won? Imagining A Constitutional World Of Legislative Supremacy, Alison Lacroix
What If Madison Had Won? Imagining A Constitutional World Of Legislative Supremacy, Alison Lacroix
Articles
No abstract provided.
Failing Juvenile Courts And What Lawyers And Judges Can Do About It, Emily Buss
Failing Juvenile Courts And What Lawyers And Judges Can Do About It, Emily Buss
Articles
No abstract provided.
Bowman Lives: The Extraterritorial Application Of U.S. Criminal Law After Morrison V. National Australia Bank, Zachary D. Clopton
Bowman Lives: The Extraterritorial Application Of U.S. Criminal Law After Morrison V. National Australia Bank, Zachary D. Clopton
Articles
No abstract provided.
The Constitutionality Of Proposition 8, Richard A. Epstein
The Constitutionality Of Proposition 8, Richard A. Epstein
Articles
No abstract provided.
Originalism, Conservatism, And Judicial Restraint, David A. Strauss
Originalism, Conservatism, And Judicial Restraint, David A. Strauss
Articles
No abstract provided.
The Bluebook Blues (Reviewing Harvard Law Review Association, The Bluebook: A Uniform System Of Citation (19th Ed., 2010)), Richard A. Posner
The Bluebook Blues (Reviewing Harvard Law Review Association, The Bluebook: A Uniform System Of Citation (19th Ed., 2010)), Richard A. Posner
Articles
No abstract provided.
Secrecy And Self-Governance, Geoffrey R. Stone
The Innocence Rights Of Sentenced Offenders, Mary Rogan
The Innocence Rights Of Sentenced Offenders, Mary Rogan
Articles
Civil orders which take effect after a person has been released from a sentence of imprisonment have become more common features of Irish law. Despite representing a major departure from the principle that when a person has served a sentence the state has no further „call‟ on that person, such orders have received limited attention. This article examines some of these new orders, in particular section 26 and section 26A of the Criminal Justice Act 2007. It argues that these orders should be of concern, suggesting that they are likely to act as barriers to reintegration of ex-prisoners, represent a …
Criminalizing Corporate Killing: The Irish Approach, Bruce Carolan
Criminalizing Corporate Killing: The Irish Approach, Bruce Carolan
Articles
The debate on criminal corporate liability in the United States might benefit from a comparative perspective: How have other countries treated the criminal liability of corporate entities? This benefit might be enhanced by focusing on a country with a similar legal heritage to the United States—a country with a common law legal system inherited from the British. And, it would help if that country were concurrently examining the issue of criminal corporate liability. Interesting questions might include: What issues dominate the debate? How are issues of punishment, reparations, and rehabilitation handled? Is a legislative approach contemplated? The purpose of this …