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Full-Text Articles in Law
Why Do The Poor Not Have A Constitutional Right To File Civil Claims In Court Under Their First Amendment Right To Petition The Government For A Redress Of Grievances?, Henry Rose
Seattle University Law Review
Since 1963, the United States Supreme Court has recognized a constitutional right for American groups, organizations, and persons to pursue civil litigation under the First Amendment right to petition the government for redress of grievances. However, in three cases involving poor plaintiffs decided by the Supreme Court in the early 1970s—Boddie v. Connecticut,2 United States v. Kras,3 and Ortwein v. Schwab4—the Supreme Court rejected arguments that all persons have a constitutional right to access courts to pursue their civil legal claims.5 In the latter two cases, Kras and Ortwein, the Supreme Court concluded that poor persons were properly barred from …
The Modern Corporation And Private Property Revisited: Gardiner Means And The Administered Price, William W. Bratton
The Modern Corporation And Private Property Revisited: Gardiner Means And The Administered Price, William W. Bratton
Seattle University Law Review
This essay casts additional light on The Modern Corporation’s corporatist precincts, shifting attention to the book’s junior coauthor, Gardiner C. Means. Means is accurately remembered as the generator of Book I’s statistical showings—the description of deepening corporate concentration and widening separation of ownership and control. He is otherwise more notable for his absence than his presence in today’s discussions of The Modern Corporation. This essay fills this gap, describing the junior coauthor’s central concern—a theory of administered prices set out in a Ph.D. dissertation Means submitted to the Harvard economics department after the book’s publication.
Collected Lectures And Talks On Corporate Law, Legal Theory, History, Finance, And Governance, William W. Bratton
Collected Lectures And Talks On Corporate Law, Legal Theory, History, Finance, And Governance, William W. Bratton
Seattle University Law Review
A collection of eighteen speeches and lectures, from 2003 to 2018, discussing and expanding on the writings and theories of Adolf Berle and Gardiner Means.
Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris
Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris
Pepperdine Law Review
No abstract provided.
Methods Of Power For Development: Weapons Of The Weak, Weapons Of The Strong, John Braithwaite
Methods Of Power For Development: Weapons Of The Weak, Weapons Of The Strong, John Braithwaite
Michigan Journal of International Law
Peter Drahos and John Braithwaite conducted a study during the 1990s on global business regulation, interviewing more than five hundred key players in approximately twenty globalizing business regulatory regimes. Results from that study are used in this paper to inform the identification of seven elements of American power in global governance. The paper then poses the question whether those elements can be acquired by developing countries.
Tendencies Versus Boundaries: Levels Of Generality In Behavioral Law And Economics, Gregory Mitchell
Tendencies Versus Boundaries: Levels Of Generality In Behavioral Law And Economics, Gregory Mitchell
Vanderbilt Law Review
When evidence on the truth or falsity of a proposition is ambiguous and open to multiple interpretations, psychologists warn about "biased assimilation" of the evidence to support pre-existing theories, beliefs, and attitudes. Therefore, when a skeptic about the public policy implications of psychological research examines the complex mix of evidence on human rationality, he may find much to support his skepticism about the use of psychology to reform the law. Likewise, an optimist about the public policy contributions of psychology may find within this same body of evidence much to bolster his optimistic view that psychological research can be used …
The Origin, Development, And Regulation Of Norms, Richard H. Mcadams
The Origin, Development, And Regulation Of Norms, Richard H. Mcadams
Michigan Law Review
For decades, sociologists have employed the concept of social norms to explain how society shapes individual behavior. In recent years, economists and rational choice theorists in philosophy and political science have started to use individual behavior to explain the origin and function of norms. For many in this group, the focus of study is the interaction of law and norms, of formal and informal rules. Exemplified by Robert Ellickson's Order Without Law, this literature uses norms to develop more robust explanations of behavior and to predict more accurately the effect of legal rules. Norms turn out to matter in legal …
Overcoming Posner, Gerard V. Bradley
Overcoming Posner, Gerard V. Bradley
Michigan Law Review
A Review of Richard A. Posner, Overcoming Law
Incommensurability And Valuation In Law, Cass R. Sunstein
Incommensurability And Valuation In Law, Cass R. Sunstein
Michigan Law Review
In this article I explore two claims and discuss their implications for law. The first claim is that human values are plural and diverse. By this I mean that we value things, events, and relationships in ways that are not reducible to some larger and more encompassing value. The second claim is that human goods are not commensurable. By this I mean that such goods are not assessed along a single metric. For reasons to be explored, the two claims, though related, are importantly different.
Judge Richard Posner's Jurisprudence, Robert S. Summers
Judge Richard Posner's Jurisprudence, Robert S. Summers
Michigan Law Review
A Review of The Problems of Jurisprudence by Richard A. Posner
Prospects For A General Theory Of Economic Regulation, Thomas D. Barton
Prospects For A General Theory Of Economic Regulation, Thomas D. Barton
Washington and Lee Law Review
No abstract provided.
Market Failure And Regulatory Failure As Catalysts For Political Change: The Choice Between Imperfect Regulation And Imperfect Competition, Paul Stephen Dempsey
Market Failure And Regulatory Failure As Catalysts For Political Change: The Choice Between Imperfect Regulation And Imperfect Competition, Paul Stephen Dempsey
Washington and Lee Law Review
No abstract provided.