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Articles

1996

University of Chicago Law School

Articles 1 - 30 of 59

Full-Text Articles in Law

Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein Jul 1996

Political Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein

Articles

No abstract provided.


Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein May 1996

Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein

Articles

No abstract provided.


Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker Feb 1996

Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker

Articles

No abstract provided.


Offer, Acceptance, And Efficient Reliance, Richard Craswell Feb 1996

Offer, Acceptance, And Efficient Reliance, Richard Craswell

Articles

In this article, Professor Craswell explores efficient reliance as an implicit economic rationale underlying courts' decisions in contract formation cases. Contracting parties often fail to express their intentions clearly and courts must later decide what the parties would have wanted ex ante. When negotiations fail, one party (S) may deny ever making a commitment, while the other party (B) may claim to have relied on the first party's statements or conduct. Professor Craswell observes that courts often find a binding commitment by S when reliance by B would have been efficient. After explaining when reliance is efficient, and why the …


The Constitution In Congress: The Third Congress, 1793-1795, David P. Currie Jan 1996

The Constitution In Congress: The Third Congress, 1793-1795, David P. Currie

Articles

No abstract provided.


Contract And Trust In Corporate Law: The Case Of Corporate Opportunity, Richard A. Epstein Jan 1996

Contract And Trust In Corporate Law: The Case Of Corporate Opportunity, Richard A. Epstein

Articles

No abstract provided.


Regulation In The Single Global Market: From Anarchy To World Federalism?, Diane P. Wood Jan 1996

Regulation In The Single Global Market: From Anarchy To World Federalism?, Diane P. Wood

Articles

No abstract provided.


The Anonymity Tool, Saul Levmore Jan 1996

The Anonymity Tool, Saul Levmore

Articles

No abstract provided.


Law, Economics, And Inefficient Norms, Eric A. Posner Jan 1996

Law, Economics, And Inefficient Norms, Eric A. Posner

Articles

No abstract provided.


Rediscovering Blackstone, Albert W. Alschuler Jan 1996

Rediscovering Blackstone, Albert W. Alschuler

Articles

No abstract provided.


Precommitment Politics, Saul Levmore Jan 1996

Precommitment Politics, Saul Levmore

Articles

No abstract provided.


Norms, Formalities, And The Statute Of Frauds: A Comment, Eric A. Posner Jan 1996

Norms, Formalities, And The Statute Of Frauds: A Comment, Eric A. Posner

Articles

No abstract provided.


Pragmatic Adjudication, Richard A. Posner Jan 1996

Pragmatic Adjudication, Richard A. Posner

Articles

No abstract provided.


A Cooperative Framework For National Regulators, Diane P. Wood Jan 1996

A Cooperative Framework For National Regulators, Diane P. Wood

Articles

No abstract provided.


Congress, Constitutional Moments, And The Cost-Benefit State Legislative Foreword, Cass R. Sunstein Jan 1996

Congress, Constitutional Moments, And The Cost-Benefit State Legislative Foreword, Cass R. Sunstein

Articles

In this article, Cass Sunstein explores the 104th Congress' attempts at regulatory reform. Professor Sunstein believes that the election of this Congress, with its distinctive approach to government, signals the dawning of a "constitutional moment" in which the role of government at all levels will be reexamined. Without full public support for sweeping changes in government, this moment has not yet materialized. When and if it does, regulatory reform will be one of its aspects. Indeed the nation has already begun to examine regulation to determine ifth e benefits justify the costs. Unfortunately, the 104th Congress has, thus far, failed …


Right To Die, The, Cass R. Sunstein Jan 1996

Right To Die, The, Cass R. Sunstein

Articles

No abstract provided.


You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss Jan 1996

You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss

Articles

A lawyer representing seven-year-old James discussed James' options with him at considerable length. She explained to him that he had a number of choices about where he would live, some with family, some in foster care, and she took pains to discuss the likely consequences of each of his choices. James participated actively in the conversation, and had no trouble following the substance of the discussion. At the end of their conversation, the lawyer asked James what option he would like her to pursue. His direction to counsel: "I think I'd like to live with you.


General Propositions And Concrete Cases (With Special Reference To Affirmative Action And Free Speech) Oliver Wendell Holmes Devise Lecture Symposium, Cass R. Sunstein Jan 1996

General Propositions And Concrete Cases (With Special Reference To Affirmative Action And Free Speech) Oliver Wendell Holmes Devise Lecture Symposium, Cass R. Sunstein

Articles

On October 27, 1995, the Wake Forest University School of Law hosted the Oliver Wendell Holmes Devise Lecture Series. Professor Cass R. Sunstein, the Karl N. Llewellyn Professor of Jurisprudence at the University of Chicago School of Law, delivered the following remarks as the lecture's keynote address. In addition, the lecture included four distinguished panelists who spoke in response to Professor Sunstein: A.E. Dick Howard, the White Burkett Miller Professor of Law and Public Affairs at the Virginia School of Law; Professor Sheri Lynn Johnson from Cornell Law School; and Professor Michael Kent Curtis and Professor Ronald F. Wright from …


Private Speech, Public Purpose: The Role Of Governmental Motive In First Amendment Doctrine, Elena Kagan Jan 1996

Private Speech, Public Purpose: The Role Of Governmental Motive In First Amendment Doctrine, Elena Kagan

Articles

No abstract provided.


Merchant Law In A Merchant Court: Rethinking The Code's Search For Immanent Business Norms, Lisa Bernstein Jan 1996

Merchant Law In A Merchant Court: Rethinking The Code's Search For Immanent Business Norms, Lisa Bernstein

Articles

No abstract provided.


Parents' Rights And Parents Wronged, Emily Buss Jan 1996

Parents' Rights And Parents Wronged, Emily Buss

Articles

No abstract provided.


The Subtle Vices Of The Employment Discrimination Laws, Richard A. Epstein Jan 1996

The Subtle Vices Of The Employment Discrimination Laws, Richard A. Epstein

Articles

No abstract provided.


The Rise And Fall Of Administrative Law, Richard A. Posner Jan 1996

The Rise And Fall Of Administrative Law, Richard A. Posner

Articles

No abstract provided.


Local Enforcement Of Laws Prohibiting Discrimination In Housing: The New York City Human Rights Commission, Michael H. Schill Jan 1996

Local Enforcement Of Laws Prohibiting Discrimination In Housing: The New York City Human Rights Commission, Michael H. Schill

Articles

No abstract provided.


The Problem Of Social Cost: The Citations, Ronald H. Coase Jan 1996

The Problem Of Social Cost: The Citations, Ronald H. Coase

Articles

No abstract provided.


How Free Is Speech At Work?, Mary E. Becker Jan 1996

How Free Is Speech At Work?, Mary E. Becker

Articles

No abstract provided.


Constitutional Caution The Law Of Cyberspace, Cass R. Sunstein Jan 1996

Constitutional Caution The Law Of Cyberspace, Cass R. Sunstein

Articles

No abstract provided.


Public Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein Jan 1996

Public Deliberation, Affirmative Action, And The Supreme Court, Cass R. Sunstein

Articles

No abstract provided.


Social Norms And Social Roles, Cass R. Sunstein Jan 1996

Social Norms And Social Roles, Cass R. Sunstein

Articles

No abstract provided.


Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, Richard A. Epstein Jan 1996

Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, Richard A. Epstein

Articles

No abstract provided.