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Articles 1 - 30 of 107
Full-Text Articles in Law
Israel And The Palestinians, Gidon A. G. Gottlieb
The First Amendment And Cognition: A Response, Cass R. Sunstein
The First Amendment And Cognition: A Response, Cass R. Sunstein
Articles
No abstract provided.
Water Pollution And The Public Trust Doctrine, Ralph W. Johnson
Water Pollution And The Public Trust Doctrine, Ralph W. Johnson
Articles
Nonpoint pollution from irrigation return flows has become a serious national problem. Even the extraction of water for irrigation and other purposes causes pollution by reducing the assimilative capacity of the source stream or lake. Such pollution can be regulated either by the courts or the legislatures under the public trust doctrine, which antedates the prior appropriation system, and which protects fisheries and water quality. Alternatively, this pollution can be controlled under the state's police powers. The "takings" issue should not be troublesome because no one, not even prior appropriators, has or can acquire a legal right to pollute public …
Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld
Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld
Articles
Waiver legislation in Minnesota, as in most other States, typically requires juvenile court judges to make individualized determinations as to a juvenile's amenability to treatment and danger to society as the basis for deciding whether to transfer the juvenile to adult court for disposition. Disposition in adult court allows for a more severe sanction than that permitted under the maximum sentence that can be dispensed in juvenile court. The difficulty and disparity in applying this waiver law lies in the discretion given to juvenile justice judges and the diverse criteria applied in judicial decisionmaking, both in the juvenile court and …
The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld
The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld
Articles
No abstract provided.
Race And The Police Power: 1890 To 1937, Richard A. Epstein
Race And The Police Power: 1890 To 1937, Richard A. Epstein
Articles
No abstract provided.
The Future Of Law And Economics: A Comment On Ellickson, Richard A. Posner
The Future Of Law And Economics: A Comment On Ellickson, Richard A. Posner
Articles
No abstract provided.
Justice Across The Generations, Richard A. Epstein
Unconstitutional Conditions And Bargaining Breakdown, Richard A. Epstein
Unconstitutional Conditions And Bargaining Breakdown, Richard A. Epstein
Articles
No abstract provided.
The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel
The Corporate Contract, Frank H. Easterbrook, Daniel R. Fischel
Articles
No abstract provided.
Unfair Trade Injury: A Competition-Based Approach, Diane P. Wood
Unfair Trade Injury: A Competition-Based Approach, Diane P. Wood
Articles
No abstract provided.
The Grand Illusion: A Neutral System For The Taxation Of International Transactions, Julie Roin
The Grand Illusion: A Neutral System For The Taxation Of International Transactions, Julie Roin
Articles
No abstract provided.
Discovery As Abuse, Frank H. Easterbrook
State Administration Of A National Sales Tax: A New Opportunity For Cooperative Federalism, John A. Miller
State Administration Of A National Sales Tax: A New Opportunity For Cooperative Federalism, John A. Miller
Articles
No abstract provided.
An Economic Approach To Issues Of Religious Freedom, Richard A. Posner, Michael W. Mcconnell
An Economic Approach To Issues Of Religious Freedom, Richard A. Posner, Michael W. Mcconnell
Articles
No abstract provided.
Postscript: Subjective Utilitarianism, Richard A. Epstein
Postscript: Subjective Utilitarianism, Richard A. Epstein
Articles
No abstract provided.
Coping With The Caseload: A Comment On Magistrates And Masters, Richard A. Posner
Coping With The Caseload: A Comment On Magistrates And Masters, Richard A. Posner
Articles
No abstract provided.
On Theory And Practice: Reply To 'Richard Posner's Praxis', Richard A. Posner
On Theory And Practice: Reply To 'Richard Posner's Praxis', Richard A. Posner
Articles
No abstract provided.
The Economics Of Lender Liability, Daniel R. Fischel
On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein
On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein
Articles
No abstract provided.
The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard
The Federal Court In Idaho, 1889-1907: The Appointment And Tenure Of James H. Beatty, Idaho's First District Court Judge, Monique C. Lillard
Articles
No abstract provided.
Discriminatory Intent And The Taming Of Brown, David A. Strauss
Discriminatory Intent And The Taming Of Brown, David A. Strauss
Articles
No abstract provided.
Afterword: On Being A Commercial Court, Frank H. Easterbrook
Afterword: On Being A Commercial Court, Frank H. Easterbrook
Articles
No abstract provided.
The Supreme Court And The Jury: Voir Dire, Peremptory Challenges, And The Review Of Jury Verdicts, Albert Alschuler
The Supreme Court And The Jury: Voir Dire, Peremptory Challenges, And The Review Of Jury Verdicts, Albert Alschuler
Articles
No abstract provided.
Gregor Samsa Replies, Richard A. Posner
Rent Control Revisited: One Reply To Seven Critics, Richard A. Epstein
Rent Control Revisited: One Reply To Seven Critics, Richard A. Epstein
Articles
No abstract provided.
Presidential Review, Frank H. Easterbrook
The Utilitarian Foundations Of Natural Law, Richard A. Epstein
The Utilitarian Foundations Of Natural Law, Richard A. Epstein
Articles
No abstract provided.
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
Articles
No abstract provided.
Parliamentary Law, Majority Decisionmaking, And The Voting Paradox, Saul Levmore
Parliamentary Law, Majority Decisionmaking, And The Voting Paradox, Saul Levmore
Articles
No abstract provided.