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Articles 31 - 60 of 282
Full-Text Articles in Law
Marriage Licenses, Mary Anne Case
Privatizing Reparations, Saul Levmore
Optimal War And Jus Ad Bellum, Eric A. Posner, Alan O. Sykes
Optimal War And Jus Ad Bellum, Eric A. Posner, Alan O. Sykes
Articles
The laws of war forbid states to use force against each other except in self-defense or with the authorization of the United Nations Security Council. Self-defense is usually understood to mean self-defense against an imminent threat. We model the decisions of states to use force against "rogue" states and argue that under certain conditions, it may be proper to expand the self-defense exception to preemptive self-defense. We also consider related issues such as humanitarian intervention, collective security, and the role of the Security Council.
Federalism And The Enforcement Of Antitrust Laws By State Attorneys General, Richard A. Posner
Federalism And The Enforcement Of Antitrust Laws By State Attorneys General, Richard A. Posner
Articles
No abstract provided.
Foreword: A Culture Of Civil Liberties, Geoffrey R. Stone
Foreword: A Culture Of Civil Liberties, Geoffrey R. Stone
Articles
No abstract provided.
Reply: Legitimacy And Obedience, David A. Strauss
Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos
Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos
Articles
No abstract provided.
Hail Yale Tribute: Yale Kamisar, Albert Alschuler
Remembering Pine Gate, Douglas G. Baird
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
Articles
No abstract provided.
Allocating Developmental Control Among Parent, Child And The State, Emily Buss
Allocating Developmental Control Among Parent, Child And The State, Emily Buss
Articles
No abstract provided.
Radical Change Through Conventional Means, Emily Buss
Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt
Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt
Articles
No abstract provided.
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Contracts Without Consent: Exploring A New Basis For Contractual Liability, Omri Ben-Shahar
Articles
This Essay explores an alternative to one of the pillars of contract law, that obligations arise only when there is "mutual assent "--when the parties reach consensus over the terms of the transaction. It explores a principle of "no-retraction," under which each party is obligated to terms it manifested and can retract only with some liability. In contrast to the all-or-nothing nature of the mutual assent regime, where preliminary forms of consent are either full-blown contracts or create no obligation, under the no-retraction regime, obligations emerge gradually, as the positions of the negotiating parties draw closer. Further, the no-retraction liability …
Contracting Communities, Lee Anne Fennell
Contracting Communities, Lee Anne Fennell
Articles
Private residential developments governed by homeowners associations have rapidly proliferated in recent decades. The servitudes that form the backbone of these private developments are usually viewed as autonomy- and value-enhancing private contractual arrangements that are presumptively valid. Unfortunately, the appealing contractual justification for private land use regimes seems to have shut down many of the usual paths of inquiry into the ability of the resulting arrangements to deliver on consumer preferences. In this article, Professor Fennell seeks to bring the theory surrounding these developments up to speed by focusing on factors that can drive a wedge between homeowner preferences and …
Is Land Special?, Eduardo Peñalver
Is Land Special?, Eduardo Peñalver
Articles
This article critiques the Court's attempt to cabin the Lucas "per se" takings rule by limiting it to real property. It argues that the distinction between real and personal property cannot be justified by history or the differing expectations of property owners. It then applies five theoretical frameworks (libertarian, personhood, utilitarian, public choice, and Thomistic-Aristotelian natural law) and finds that none of them supports the jurisprudential distinction between real and personal property. As a result, the article argues that "because the distinction between personal and real property is an unprincipled one, it cannot save the Court from the unpalatable implications …
Valuing Life: A Plea For Disaggregation, Cass R. Sunstein
Valuing Life: A Plea For Disaggregation, Cass R. Sunstein
Articles
Each government agency uses a uniform figure to measure the value of a statistical life (VSL). This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant values. According to that theory, VSL should vary across risks. More controversially, VSL should vary across individuals-even or especially if the result would be to produce a lower number for some people than for others. One practical implication is that a higher value should be given to programs that reduce cancer risks. Another is that government should use a higher VSL for programs that …
Liberty After Lawrence, Cass R. Sunstein
Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein
Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein
Articles
In protecting safety, health, and the environment, government has increasingly relied on cost-benefit analysis. In undertaking cost-benefit analysis, the government has monetized risks of death through the idea of the value of a statistical life (VSL), currently assessed at about $6.1 million. But the government should rely instead on the value of a statistical life-year (VSLY), in a way that would likely result in lower benefits calculations for elderly people, and higher benefits calculations for children. The hard question involves not whether to undertake this shift, but how to monetize life-years, and here willingness to pay (WTP) is generally the …
The Market For Elite Law Firm Associates, Tom Ginsburg, Jeffrey A. Wolf
The Market For Elite Law Firm Associates, Tom Ginsburg, Jeffrey A. Wolf
Articles
No abstract provided.
Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner
Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner
Articles
No abstract provided.
Black On Brown 50 Years Of Brown V. Board Of Education:, Cass R. Sunstein
Black On Brown 50 Years Of Brown V. Board Of Education:, Cass R. Sunstein
Articles
No abstract provided.
Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell
Relative Burdens: Family Ties And The Safety Net, Lee Anne Fennell
Articles
No abstract provided.
Secured Lending And Its Uncertain Future, Douglas G. Baird
Secured Lending And Its Uncertain Future, Douglas G. Baird
Articles
No abstract provided.
Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Articles
No abstract provided.
Introduction: Brown In The Supreme Court, Dennis J. Hutchinson
Introduction: Brown In The Supreme Court, Dennis J. Hutchinson
Articles
No abstract provided.
Legal Pragmatism Defended, Richard A. Posner
Transnational Legal Process And The Supreme Court's 2003-2004 Term: Some Skeptical Observations, Eric A. Posner
Transnational Legal Process And The Supreme Court's 2003-2004 Term: Some Skeptical Observations, Eric A. Posner
Articles
No abstract provided.
Fair Use And Statutory Reform In The Wake Of Eldred, Richard A. Posner, William F. Patry
Fair Use And Statutory Reform In The Wake Of Eldred, Richard A. Posner, William F. Patry
Articles
No abstract provided.
Transaction Costs And Antitrust Concerns In The Licensing Of Intellectual Property, Richard A. Posner
Transaction Costs And Antitrust Concerns In The Licensing Of Intellectual Property, Richard A. Posner
Articles
High transaction costs incurred in the licensing of intellectual property create a pressure on legal principles ranging from the fair use doctrine of copyright law to the tying doctrine in antitrust law. It appears, with some exceptions, that antitrust law is imposing excessive restrictions on the licensing of intellectual property. The effect of these restrictions, combined with the high transaction costs inherent in the licensing of intellectual property, is to prevent the maximally efficient allocation of IP resources.