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Articles 1 - 30 of 159
Full-Text Articles in Law
The International Implications Of Tax Reform, Reuven Avi-Yonah
The International Implications Of Tax Reform, Reuven Avi-Yonah
Articles
This article examines the U.S. tax consequences of the use of derivative instruments in international financing transactions. The outline focuses in large part on the inconsistent U.S. tax treatment that results &om the use of various derivative financial instruments in cross-border financing transactions and the resulting implications for U.S. withholding taxes on ordinary equity and debt investments.
From Consumer Choice To Consumer Welfare, Carl E. Schneider
From Consumer Choice To Consumer Welfare, Carl E. Schneider
Articles
In trying to understand the I SUPPORT study, it may be useful to think of contemporary bioethics reform in terms of the principles of consumer protection. The central tendency of that reform (particularly in my own field-the law) has been to employ the model of consumer choice. That model sets as its purpose to allow consumers to choose the kinds of products they prefer. It seeks to accomplish that purpose primarily by supplying consumers the information they need to make choices and by insisting that they are given what they chose. Thus, for example, merchants may be required to reveal …
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.
Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen
Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen
Articles
No abstract provided.
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Articles
The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …
Hugo Black Among Friends, Dennis J. Hutchinson
On The Duties And Rights Of Parents, Carl E. Schneider
On The Duties And Rights Of Parents, Carl E. Schneider
Articles
The law of the family is the law of the absurd. Law is a system of rules administered institutionally, and thus it must treat people categorically. When law regulates economic life, it finds people at arguably their most schematic, motivated-perhaps-by a relatively unitary conception of their interest pursued in relatively rational ways. But in family life, people are at their least schematic and at their most frustratingly human, various, idiosyncratic, irrational, and perverse, and the law's efforts to affect them are thus often quixotic. In Parents as Fiduciaries, 1 Professor Scott and Dean Scott strikingly and boldly deploy the …
The Limits Of Lieber, Lawrence Lessig
Rediscovering Francis Lieber: An Afterward And Introduction, Michael Herz
Rediscovering Francis Lieber: An Afterward And Introduction, Michael Herz
Articles
No abstract provided.
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
On The 'Fruits' Of Miranda Violations, Coerced Confessions, And Compelled Testimony, Yale Kamisar
Articles
Professor Akhil Reed Amar and Ms. Renee B. Lettow have written a lively, provocative article that will keep many of us who teach constitutional-criminal procedure busy for years to come. They present a reconception of the "first principles" of the Fifth Amendment, and they suggest a dramatic reconstruction of criminal procedure. As a part of that reconstruction, they propose, inter alia, that at a pretrial hearing presided over by a judicial officer, the government should be empowered to compel a suspect, under penalty of contempt, to provide links in the chain of evidence needed to convict him.
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 …
Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker
Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker
Articles
No abstract provided.
The Regulation Of Social Meaning, Lawrence Lessig
Between Russia And China: Political Reform In Mongolia, Tom Ginsburg
Between Russia And China: Political Reform In Mongolia, Tom Ginsburg
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.
Introduction, Richard A. Epstein
The Future Of The Student-Edited Law Review, Richard A. Posner
The Future Of The Student-Edited Law Review, Richard A. Posner
Articles
No abstract provided.
Judges' Writing Styles (And Do They Matter?), Richard A. Posner
Judges' Writing Styles (And Do They Matter?), Richard A. Posner
Articles
No abstract provided.
Judicial Biography, Richard A. Posner
Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein
Constitutional Anomaly In The Czech Republic, A Special Reports, Cass R. Sunstein
Articles
No abstract provided.
Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein
Eighteenth Century Presidency In A Twenty-First Century World, An, Cass R. Sunstein
Articles
No abstract provided.
Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein
Theodore I. Koskoff Lecture Series: Social Norms And Big Government, The Lecture, Cass R. Sunstein
Articles
No abstract provided.
What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein
What The Civil Rights Movement Was And Wasn't, Cass R. Sunstein
Articles
In this David C. Baum Memorial Lecture on Civil Liberties and Civil Rights, Professor Sunstein begins by noting that participants in the civil rights movement were often backward looking and even conservative, invoking commitments from the nation's past and arguing against reliance on the judiciary and the Supreme Court. They stressed above all two time-honored liberal principles: freedom from desperate conditions and opposition to caste. It is wrong to say (as many now do) that the movement was founded on a principle of race neutrality, and also wrong to say (as some now do) that the movement was opposed to …
The Permit Power Meets The Constitution, Richard A. Epstein
The Permit Power Meets The Constitution, Richard A. Epstein
Articles
No abstract provided.
Remembering Walter, Douglas G. Baird
Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein
Free Speech And Democracy Proceedings: Keynote Address, Cass R. Sunstein
Articles
No abstract provided.
On The Expressive Function Of Law, Cass R. Sunstein
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes
Articles
No abstract provided.
Judicial Biography: Amicus Curiae, Dennis J. Hutchinson
Judicial Biography: Amicus Curiae, Dennis J. Hutchinson
Articles
No abstract provided.
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.