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Full-Text Articles in Law
What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner
What Has Modern Literary Theory To Offer Law? (Reviewing Guyora Binder & Robert Weisberg, Literary Criticisms Of Law (2000)), Richard A. Posner
Articles
No abstract provided.
Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner
Law And Regret (Reviewing E. Allan Farnsworth, Changing Your Mind: The Law Of Regretted Decisions (1998)), Eric A. Posner
Articles
No abstract provided.
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Articles
In Law and Disagreement, Jeremy Waldron, born and educated in New Zealand and trained in England, mounts a powerful argument in favor of legislation as a legitimate source of authority and correspondingly denigrates the American faith in judicial review. Waldron claims among other things that a legislature's inability to achieve consensus enables legislation to resolve disputes in a way that preserves the dignity and self-respect of losers in the policy struggle. In this Book Review Essay, Judge Posner commends Waldron for his impressive criticisms of the theoretical basis for the American faith in judicial review. At the same time, he …
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Book Review (Reviewing Jeremy Waldron, Law And Disagreement (1999)), Richard A. Posner
Articles
No abstract provided.
The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz
The Uneasy Case For Devolution Of The Individual Income Tax, Lior Strahilevitz
Articles
No abstract provided.
The Public Choice Threat (Reviewing Robert D. Cooter, The Strategic Constitution (2000) & Dennis C. Mueller, Constitutional Democracy (1996)), Saul Levmore
Articles
No abstract provided.
Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein
Too Pragmatic By Half (Reviewing Daniel A. Farber, Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World (1999)), Richard A. Epstein
Articles
No abstract provided.
Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin
Competition And Evasion: Another Perspective On International Tax Competition, Julie Roin
Articles
No abstract provided.
Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner
Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner
Articles
Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.
Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner
Animal Rights (Reviewing Steven M. Wise, Rattling The Cage: Toward Legal Rights For Animals (2000)), Richard A. Posner
Articles
No abstract provided.
Social Programs And Manageable Units, Saul Levmore
The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser
The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser
Articles
No abstract provided.
Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein
Vicarious Liability Of Health Plans For Medical Injuries, Richard A. Epstein
Articles
No abstract provided.
More Than Mere Majorities, Saul Levmore
Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case
Atalanta's Apples: The Values Of Multiplicity, Mary Anne Case
Articles
No abstract provided.
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Articles
It has been twenty years since the US Court of Appeals for the Second Circuit issued its landmark decision in Filartiga v PenaIrala. In upholding federal court jurisdiction over a suit between aliens concerning violations of international human rights standards in a foreign country, the court in Filartiga paved the way for modern international human rights litigation. As Professor David Bederman has observed, "[i]n a sense, all current human rights litigation owes its fortune to Filartiga." Since Filartiga, US courts have been confronted with two waves of international human rights litigation. The first wave has primarily involved suits, like Filartiga …
An Attitudinal Theory Of Expressive Law, Richard H. Mcadams
An Attitudinal Theory Of Expressive Law, Richard H. Mcadams
Articles
No abstract provided.
Diffusion And Focus In International Law Scholarship, Diane P. Wood
Diffusion And Focus In International Law Scholarship, Diane P. Wood
Articles
No abstract provided.
Book Review (Reviewing Patrick Wormald, The Making Of English Law: King Alfred To The Twelfth Century (1999)), Richard H. Helmholz
Book Review (Reviewing Patrick Wormald, The Making Of English Law: King Alfred To The Twelfth Century (1999)), Richard H. Helmholz
Articles
No abstract provided.
Group Dynamics, Cass R. Sunstein
The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein
The Economics Of Tort Law: A Hurried And Partial Overview, Richard A. Epstein
Articles
No abstract provided.
The Necessity For Constrained Deliberation, Richard A. Epstein
The Necessity For Constrained Deliberation, Richard A. Epstein
Articles
No abstract provided.
The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein
The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein
Articles
No abstract provided.
Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell
Hard Bargains And Real Steals: Land Use Exactions Revisited, Lee Anne Fennell
Articles
No abstract provided.
Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg
Bringing Politics Back In (Reviewing Lucas A. Powe, Jr., The Warren Court And American Politics (2000)), Gerald Rosenberg
Articles
No abstract provided.
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Articles
No abstract provided.
American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein
American Advice And New Constitutions Global Affairs Experiences, Cass R. Sunstein
Articles
No abstract provided.
Commercial Norms And The Fine Art Of The Small Con: Comments On Daniel Keating's Exploring The Battle Of The Forms In Action, Douglas G. Baird
Commercial Norms And The Fine Art Of The Small Con: Comments On Daniel Keating's Exploring The Battle Of The Forms In Action, Douglas G. Baird
Articles
No abstract provided.
The Parental Rights Of Minors, Emily Buss
Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith
Understanding The Resemblance Between Modern And Traditional Customary International Law, Eric A. Posner, Jack L. Goldsmith
Articles
No abstract provided.