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Articles 31 - 60 of 301
Full-Text Articles in Law
Documenting Discrimination?, Adam B. Cox, Thomas J. Miles
Documenting Discrimination?, Adam B. Cox, Thomas J. Miles
Articles
No abstract provided.
The Chicago School And Exclusionary Conduct, Frank H. Easterbrook
The Chicago School And Exclusionary Conduct, Frank H. Easterbrook
Articles
No abstract provided.
On Constitutional Changes To Limit Government, Frank H. Easterbrook
On Constitutional Changes To Limit Government, Frank H. Easterbrook
Articles
No abstract provided.
Why The Modern Administrative State Is Inconsistent With The Rule Of Law, Richard A. Epstein
Why The Modern Administrative State Is Inconsistent With The Rule Of Law, Richard A. Epstein
Articles
No abstract provided.
The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley
The Concept Of International Delegation, Curtis A. Bradley, Judith G. Kelley
Articles
No abstract provided.
Terror And The Law, Curtis A. Bradley
Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan
Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan
Articles
The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and …
A Problem Of Remedy: Responding To Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin Hickman
A Problem Of Remedy: Responding To Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin Hickman
Articles
In earlier work, I found that more than 40% of Treasury regulations studied are susceptible to legal challenge for their failure to satisfy Administrative Procedure Act rulemaking requirements. Given this finding, why is it that taxpayers rarely raise such claims? The article explores this question and focuses particularly on statutory and doctrinal limitations on pre-enforcement judicial review in the tax context and their role in further limiting post-enforcement challenges. Although the article proposes ways in which the courts could relax the limitations on pre-enforcement judicial review in tax cases, the article also acknowledges that the courts are unlikely to change …
Lawmakers As Norms Entrepreneurs, Emanuela Carbonara, Francesco Parisi, Georg Von Wangenheim
Lawmakers As Norms Entrepreneurs, Emanuela Carbonara, Francesco Parisi, Georg Von Wangenheim
Articles
No abstract provided.
Regulation With Placebo Effects, Anup Malani
Regulation With Placebo Effects, Anup Malani
Articles
A growing scientific literature supports the existence of placebo effects from a wide range of health interventions and for a range of medical conditions. This Article reviews this literature, examines the implications for law and policy, and suggests future areas for research on placebo effects. In particular, it makes the case for altering the drug approval process to account for, if not credit, placebo effects. It recommends that evidence of placebo effects be permitted as a defense in cases alleging violations of informed consent or false advertising. Finally, it finds that tort law already has doctrines such as joint and …
Privacy, Surveillance, And Law, Richard A. Posner
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
Articles
No abstract provided.
A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt
A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt
Articles
From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review articles of Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist …
Studying The Exclusionary Rule: An Empirical Classic, Albert Alschuler
Studying The Exclusionary Rule: An Empirical Classic, Albert Alschuler
Articles
No abstract provided.
Is Osha Unconstitutional?, Cass R. Sunstein
A Few Words In Favor Of Cultivating An Incest Taboo In The Workplace, Mary Anne Case
A Few Words In Favor Of Cultivating An Incest Taboo In The Workplace, Mary Anne Case
Articles
No abstract provided.
Ancillary Powers Of Constitutional Courts, Tom Ginsburg, Zachary Elkins
Ancillary Powers Of Constitutional Courts, Tom Ginsburg, Zachary Elkins
Articles
No abstract provided.
Judicial Transparency In An Age Of Prediction, Adam M. Samaha
Judicial Transparency In An Age Of Prediction, Adam M. Samaha
Articles
The Empirical Legal Studies (ELS) movement is making strides toward understanding judicial behavior, and ELS models could become the foundation for more accurate prediction of judicial decisions. This essay raises two questions. First, what would an age of predictable judicial behavior look like? Second, would satisfying the informational needs of ELS prediction models also exhaust the demands for 'judicial transparency"? The essay concludes that a state of predictable judicial behavior, if somehow stable, would leave almost no litigation to observe; and that a prediction-oriented information policy would nearly meet the demands of today's transparency advocates. One shortfall involves the intrinsic …
Originalism's Expiration Date, Adam M. Samaha
Originalism's Expiration Date, Adam M. Samaha
Articles
The Constitution of the United States declares itself supreme law, but even the amended document is ancient. By 2008, the predicted age of a randomly selected word in this text reached 178 years. The judiciary, for its part, might not interpret the text until decades after ratification. For Article V amendments, the average lag between ratification and Supreme Court interpretation has been about 40 years. The question is how these features of our supreme law might influence the choice of interpretive method and, ultimately, constitutional decision-making. In particular, some scholars indicate that originalism may be a strong force in adjudication …
Regulating The Rulemakers: A Proposal For Deliberative Cost-Benefit Analysis, Jennifer Nou
Regulating The Rulemakers: A Proposal For Deliberative Cost-Benefit Analysis, Jennifer Nou
Articles
No abstract provided.
The State Of Legal Scholarship Today: A Comment On Schlag, Richard A. Posner
The State Of Legal Scholarship Today: A Comment On Schlag, Richard A. Posner
Articles
No abstract provided.
Homeownership 2.0, Lee Anne Fennell
In Memoriam: David P. Currie (1936-2007), Geoffrey R. Stone
In Memoriam: David P. Currie (1936-2007), Geoffrey R. Stone
Articles
No abstract provided.
Originalism And Precedent: Why Conservatives Shouldn't Be Originalists, David A. Strauss
Originalism And Precedent: Why Conservatives Shouldn't Be Originalists, David A. Strauss
Articles
No abstract provided.
Privacy Versus Antidiscrimination, Lior Strahilevitz
The Decline Of Literary Criticism, Richard A. Posner
The New Legal Realism, Thomas J. Miles, Cass R. Sunstein
The New Legal Realism, Thomas J. Miles, Cass R. Sunstein
Articles
No abstract provided.
Plea Bargaining And The Death Penalty, Albert Alschuler
Plea Bargaining And The Death Penalty, Albert Alschuler
Articles
No abstract provided.
Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case
Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case
Articles
No abstract provided.
Constitutional Showdowns, Eric A. Posner, Adrian Vermeule
Constitutional Showdowns, Eric A. Posner, Adrian Vermeule
Articles
No abstract provided.