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Full-Text Articles in Law
How The Fourth Amendment And The Separation Of Powers Rise (And Fall) Together, Aziz Z. Huq
How The Fourth Amendment And The Separation Of Powers Rise (And Fall) Together, Aziz Z. Huq
University of Chicago Law Review
This Essay explores an entanglement of ends and means between two seem-ingly disparate parts of the Constitution: the Fourth Amendment and the separation of powers. Not only do these two elements of the Constitution share a common ambition; they are also intertwined in practical operation. The vindication of Fourth Amendment interests, however defined, depends on a measure of institutional differentiation between the branches of government. That predicate, however, has eroded over time. In its absence, difficult questions arise about how Fourth Amendment values are best implemented and whether their realization will in the end hinge on private rather than on …
Beyond Cheneyism And Snowdenism, Cass R. Sunstein
Beyond Cheneyism And Snowdenism, Cass R. Sunstein
University of Chicago Law Review
In the domain of national security, many people favor some kind of precautionary principle, insisting that it is far better to be safe than sorry and contending that a range of important safeguards, including widespread surveillance, is amply justified to prevent the loss of life. Those who object to the resulting initiatives, and in particular to widespread surveillance, respond with a precautionary principle of their own, seeking safeguards against what they see as unacceptable risks to privacy and liberty. The problem is that, as in the environmental context, a precautionary principle threatens to create an unduly narrow viewscreen, focusing people …
Big Data And Bad Data: On The Sensitivity Of Security Policy To Imperfect Information, James T. Graves, Alessandro Acquisti, Nicolas Christin
Big Data And Bad Data: On The Sensitivity Of Security Policy To Imperfect Information, James T. Graves, Alessandro Acquisti, Nicolas Christin
University of Chicago Law Review
In this Essay, we examine some of the factors that make developing a “science of security” a significant research and policy challenge. We focus on how the empirical hurdles of missing data, inaccurate data, and invalid inferences can significantly impact—and sometimes impair—the security decisionmaking processes of individuals, firms, and policymakers. We offer practical examples of the sensitivity of policy modeling to those hurdles and highlight the relevance of these examples in the context of national security.
Inside Or Outside The System?, Eric Posner, Adrian Vermeule
Inside Or Outside The System?, Eric Posner, Adrian Vermeule
University of Chicago Law Review
In a typical pattern in the literature on public law, the diagnostic sections of a paper draw upon political science, economics, or other disciplines to offer deeply pessimistic accounts of the motivations of relevant actors in the legal system. The prescriptive sections of the paper, however, then issue an optimistic proposal that the same actors should supply public-spirited solutions. Where the analyst makes inconsistent assumptions about the motivations of actors within the legal system, equivocating between external and internal perspectives, an inside/outside fallacy arises. We identify the fallacy, connect it to an economics literature on the "determinacy paradox," and elicit …
On The Origin Of Rules (With Apologies To Darwin): A Comment On Antonin Scalia's "The Rule Of Law As A Law Of Rules", David A. Strauss
On The Origin Of Rules (With Apologies To Darwin): A Comment On Antonin Scalia's "The Rule Of Law As A Law Of Rules", David A. Strauss
University of Chicago Law Review
No abstract provided.
Bundling And Consumer Misperception, Oren Bar-Gill
Bundling And Consumer Misperception, Oren Bar-Gill
University of Chicago Law Review
This Essay studies bundling of two (or more) products as a strategic response to consumer misperception. In contrast to the bundling and tying studied in the antitrust literature-strategies used by a seller with market power in market A trying to leverage its market power into market B-bundling in response to consumer misperception may occur in intensely competitive markets. The analysis demonstrates that such competitive bundling can be either welfare enhancing or welfare reducing. The Essay considers several "unbundling policies" that can protect consumers and increase welfare in markets where bundling is undesirable.
Are Plain Hamburgers Now Unconstitutional? The Equal Protection Component Of Bush V Gore As A Chapter In The History Of Ideas About Law, Mary Anne Case
Are Plain Hamburgers Now Unconstitutional? The Equal Protection Component Of Bush V Gore As A Chapter In The History Of Ideas About Law, Mary Anne Case
University of Chicago Law Review
No abstract provided.
Christopher St. German And The Law Of Custom, Richard H. Helmholz
Christopher St. German And The Law Of Custom, Richard H. Helmholz
University of Chicago Law Review
No abstract provided.
In Memoriam: Edward H. Levi (1912-2000), Hugo F. Sonnenschein, Bernard D. Meltzer, Gerald R. Ford, Katharine Graham, Antonin Scalia
In Memoriam: Edward H. Levi (1912-2000), Hugo F. Sonnenschein, Bernard D. Meltzer, Gerald R. Ford, Katharine Graham, Antonin Scalia
University of Chicago Law Review
No abstract provided.
Magna Carta And The Ius Commune, Richard H. Helmholz
Magna Carta And The Ius Commune, Richard H. Helmholz
University of Chicago Law Review
The English Magna Carta (1215) has long stood as a symbol of human liberty and the rule of law. This Article investigates its intellectual origins, suggesting the existence of possible influence on the Charter by the contemporary ius commune, the amalgam of Roman and canon laws that had emerged in consequence of the revival of legal studies on the Continent in the twelfth century. Comparing the substance of over half of the chapters with the contemporary ius commune, the Article demonstrates that many similarities existed. Accepting the possibility of use of Continental sources in drafting the Charter helps explain otherwise …
In Memoriam: Philip B. Kurland, Gerhard Casper
In Memoriam: Philip B. Kurland, Gerhard Casper
University of Chicago Law Review
No abstract provided.
In Memoriam Philip B. Kurland, David F. Levi
In Memoriam Philip B. Kurland, David F. Levi
University of Chicago Law Review
No abstract provided.
In Memoriam: Philip B. Kurland, Edward I. Rothschild
In Memoriam: Philip B. Kurland, Edward I. Rothschild
University of Chicago Law Review
No abstract provided.
In Memoriam: Philip B. Kurland, Ellen Kurland
In Memoriam: Philip B. Kurland, Ellen Kurland
University of Chicago Law Review
No abstract provided.
In Memoriam: Philip B. Kurland, Julia F. Bator
In Memoriam: Philip B. Kurland, Julia F. Bator
University of Chicago Law Review
No abstract provided.
The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz
The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz
University of Chicago Law Review
No abstract provided.