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Full-Text Articles in Law
Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner
Response To Clark Freshman, Were Patricia Williams And Ronald Dworkin Separated At Birth?, Richard A. Posner
Articles
No abstract provided.
Hugo Black Among Friends, Dennis J. Hutchinson
The Limits Of Lieber, Lawrence Lessig
Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig
Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig
Articles
In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls the …
Judges' Writing Styles (And Do They Matter?), Richard A. Posner
Judges' Writing Styles (And Do They Matter?), Richard A. Posner
Articles
No abstract provided.
The Permit Power Meets The Constitution, Richard A. Epstein
The Permit Power Meets The Constitution, Richard A. Epstein
Articles
No abstract provided.
The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie
The Constitution In Congress: The Second Congress, 1791--1793, David P. Currie
Articles
No abstract provided.
The Internationalization Of Antitrust Law: Options For The Future, Diane P. Wood
The Internationalization Of Antitrust Law: Options For The Future, Diane P. Wood
Articles
No abstract provided.
The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter
The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter
Articles
No abstract provided.
Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein
Introduction Feature: Right After Communism: Introduction, Cass R. Sunstein
Articles
No abstract provided.
Remembering Walter, Douglas G. Baird
Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell
Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell
Articles
Autonomy-based theories hold that enforceable contracts require the knowing and voluntary consent of the parties. In defining "knowing" and "voluntary," however, autonomy theorists have paid little attention to the remedy that will be granted if consent is round to be lacking, or to the question of what obligations (if any) will be enforced in place of the unconsented-to contract. In this paper, I expand on Michael Trebilcock's argument that considerations of institutional competence-specifically, the relative ability of courts and private actors to craft acceptable substitute obligations-should sometimes play a key role in defining what counts as "knowing" and "voluntary" consent.
The Harms And Benefits Of Nollan And Dolan, Richard A. Epstein
The Harms And Benefits Of Nollan And Dolan, Richard A. Epstein
Articles
No abstract provided.
Two Challenges For Feminist Thought, Richard A. Epstein
Two Challenges For Feminist Thought, Richard A. Epstein
Articles
No abstract provided.
Judicial Biography: History, Myth, Literature, Fiction, Potpourri Judicial Biography Symposium: Keynote, Philip B. Kurland
Judicial Biography: History, Myth, Literature, Fiction, Potpourri Judicial Biography Symposium: Keynote, Philip B. Kurland
Articles
No abstract provided.
Using Common Law Principles In Regulatory Schemes (With A Note On Victimology), Cass R. Sunstein
Using Common Law Principles In Regulatory Schemes (With A Note On Victimology), Cass R. Sunstein
Articles
No abstract provided.
The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell
The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell
Articles
No abstract provided.
Heavily Cited Articles In Law, Richard A. Posner, William M. Landes
Heavily Cited Articles In Law, Richard A. Posner, William M. Landes
Articles
No abstract provided.
The Originalist Justification For Brown: A Reply To Professor Klarman, Michael W. Mcconnell
The Originalist Justification For Brown: A Reply To Professor Klarman, Michael W. Mcconnell
Articles
No abstract provided.
Unconstitutional Conditions Puzzle, Richard A. Epstein
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Articles
No abstract provided.
Book Review (Reviewing Rudolf Weigand, Die Glossen Zum Dekret Gratians (1991)), Richard H. Helmholz
Book Review (Reviewing Rudolf Weigand, Die Glossen Zum Dekret Gratians (1991)), Richard H. Helmholz
Articles
No abstract provided.
Judicial Biography, Richard A. Posner
Are Values Incommensurable, Or Is Utility The Ruler Of The World?, Richard A. Epstein
Are Values Incommensurable, Or Is Utility The Ruler Of The World?, Richard A. Epstein
Articles
No abstract provided.
Justice Harry A. Blackmun And The Virtues Of Independence, Diane P. Wood
Justice Harry A. Blackmun And The Virtues Of Independence, Diane P. Wood
Articles
No abstract provided.
The Costs Of Enforcing Legal Rights, Richard A. Posner
The Constitution In Congress: The First Congress And The Structure Of Government, 1789-1791, David P. Currie
The Constitution In Congress: The First Congress And The Structure Of Government, 1789-1791, David P. Currie
Articles
No abstract provided.
Introduction, Richard A. Epstein
Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard E. Harcourt
Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard E. Harcourt
Articles
No abstract provided.
Problems With Rules, Cass R. Sunstein
Problems With Rules, Cass R. Sunstein
Articles
Many of the most difficult issues in law involve the choice between rules and rulelessness in cases where both seem unacceptable. The principal goal of this Article is to point the way toward a more refined understanding of the ideal of the rule of law, one that sees a degree of particularity, and a degree of law-making at the point of application, as important parts of that ideal. The Article defends a form of casuistry and describes the potentially democratic foundations of the casuistical enterprise in law. It begins by describing the distinctive advantages of rules and law via rules, …