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Full-Text Articles in Law
Economic Analysis In Labor Regulation, Hiba Hafiz
Institutional Loyalties In Constitutional Law, Aziz Huq, David Fontana
Institutional Loyalties In Constitutional Law, Aziz Huq, David Fontana
Articles
No abstract provided.
Country Specific Investments And The Rights Of Non-Citizens, Adam S. Chilton, Eric A. Posner
Country Specific Investments And The Rights Of Non-Citizens, Adam S. Chilton, Eric A. Posner
Articles
No abstract provided.
Terrorism And Democratic Recession, Aziz Huq
The Wrong Rights, Or: The Inescapable Weaknesses Of Modern Liberal Constitutionalism, Richard A. Epstein
The Wrong Rights, Or: The Inescapable Weaknesses Of Modern Liberal Constitutionalism, Richard A. Epstein
Articles
No abstract provided.
Democratic Backsliding And The Rule Of Law, Tom Ginsburg
Democratic Backsliding And The Rule Of Law, Tom Ginsburg
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No abstract provided.
Federalism As A Safeguard Of Progressive Taxation, Daniel Hemel
Federalism As A Safeguard Of Progressive Taxation, Daniel Hemel
Articles
No abstract provided.
Why Limits On Contributions To Super Pacs Should Survive Citizens United, Albert W. Alschuler, Laurence H. Tribe, Norman Eisen, Richard W. Painter
Why Limits On Contributions To Super Pacs Should Survive Citizens United, Albert W. Alschuler, Laurence H. Tribe, Norman Eisen, Richard W. Painter
Articles
No abstract provided.
The Case Against Passive Shareholder Voting, Dorothy Shapiro Lund
The Case Against Passive Shareholder Voting, Dorothy Shapiro Lund
Articles
No abstract provided.
A Common Law For The First Amendment, Richard A. Epstein
A Common Law For The First Amendment, Richard A. Epstein
Articles
No abstract provided.
Positive And Negative Externalities In Real Estate Development, Richard A. Epstein
Positive And Negative Externalities In Real Estate Development, Richard A. Epstein
Articles
No abstract provided.
The People Against The Constitution, Aziz Huq
The End Of Bargaining In The Digital Age, Saul Levmore, Frank Fagan
The End Of Bargaining In The Digital Age, Saul Levmore, Frank Fagan
Articles
No abstract provided.
Making A Market For Corporate Disclosure, Kevin S. Haeberle, M. Todd Henderson
Making A Market For Corporate Disclosure, Kevin S. Haeberle, M. Todd Henderson
Articles
No abstract provided.
Cost-Benefit Analysis And The Judicial Role, Jonathan Masur, Eric A. Posner
Cost-Benefit Analysis And The Judicial Role, Jonathan Masur, Eric A. Posner
Articles
No abstract provided.
Originalism As A Constraint On Judges, William Baude
Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer
Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer
Articles
Courts in the United Kingdom and South Africa have recently issued important rulings that have constrained the executive’s authority to withdraw from treaties in those countries. This essay considers whether these rulings might offer insights for treaty exit issues in the United States. We first provide an overview of U.S. law and practice regarding the termination of international agreements. We next summarize the U.K. and South African decisions, which required parliamentary approval for pulling out of treaties establishing the European Union and the International Criminal Court (ICC), respectively. Finally, we consider the relevance of these rulings for treaty withdrawals in …
Exiting Congressional-Executive Agreements, Curtis A. Bradley
Exiting Congressional-Executive Agreements, Curtis A. Bradley
Articles
Commentators have argued that, even if the president has the unilateral authority to terminate Article II treaties concluded with the Senate’s advice and consent, the president lacks the unilateral authority to terminate “congressional-executive agreements” concluded with majority congressional approval, such as the North American Free Trade Agreement (NAFTA). This Article challenges that claim. If one accepts a presidential authority to terminate Article II treaties, this Article contends, there is no persuasive reason to conclude differently with respect to congressional-executive agreements. Congressional-executive agreements have become largely interchangeable with Article II treaties as a matter of domestic law and practice. For example, …
Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith
Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith
Articles
Presidents have come to dominate the making, interpretation, and termination of international law for the United States. Often without specific congressional concurrence, and sometimes even when it is likely that Congress would disagree, Presidents assert the authority to (a) make a vast array of international obligations for the United States, through both written agreements and the development of customary international law; (b) make increasingly consequential political commitments for the United States on practically any topic; (c) interpret these obligations and commitments; and (d) terminate or withdraw from these obligations and commitments. While others have examined pieces of this picture, no …
A Not Quite Contemporary View Of Privacy, Richard A. Epstein
A Not Quite Contemporary View Of Privacy, Richard A. Epstein
Articles
No abstract provided.
Accidents And Aggregates, Lee Anne Fennell
Apparent Fault, Aziz Huq, Genevieve Lakier
Panel On Rules Versus Standards In Constitutional And Statutory Interpretation, Akhil Reed Amar, Frank H. Easterbrook, John C. Harrison, William Francis Kuntz Ii
Panel On Rules Versus Standards In Constitutional And Statutory Interpretation, Akhil Reed Amar, Frank H. Easterbrook, John C. Harrison, William Francis Kuntz Ii
Articles
No abstract provided.
Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq
Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq
Articles
No abstract provided.
The Causes And Consequences Of Gerrymandering, Nicholas Stephanopoulos
The Causes And Consequences Of Gerrymandering, Nicholas Stephanopoulos
Articles
No abstract provided.
The Cross-Examination Of Mayella Ewell, Richard H. Mcadams
The Cross-Examination Of Mayella Ewell, Richard H. Mcadams
Articles
No abstract provided.
The Tax Legislative Process: A Byrd's Eye View, Ellen P. Aprill, Daniel Hemel
The Tax Legislative Process: A Byrd's Eye View, Ellen P. Aprill, Daniel Hemel
Articles
No abstract provided.
Why The Burger Court Mattered (Reviewing The Burger Court And The Rise Of The Judicial Right By Michael J. Graetz And Linda Greenhouse), David A. Strauss
Why The Burger Court Mattered (Reviewing The Burger Court And The Rise Of The Judicial Right By Michael J. Graetz And Linda Greenhouse), David A. Strauss
Articles
No abstract provided.
The Measure Of A Metric: The Debate Over Quantifying Partisan Gerrymandering, Nicholas Stephanopoulos, Eric Mcghee
The Measure Of A Metric: The Debate Over Quantifying Partisan Gerrymandering, Nicholas Stephanopoulos, Eric Mcghee
Articles
No abstract provided.
The Myth Of Trade Usages: A Talk, Lisa Bernstein