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Articles 1 - 30 of 196
Full-Text Articles in Law
Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein
Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein
Articles
No abstract provided.
Why Basic Liberties Are Bilateral, James W. Nickel
The Right To Farm: Hog-Tied And Nuisance-Bound, Alexander A. Reinert
The Right To Farm: Hog-Tied And Nuisance-Bound, Alexander A. Reinert
Articles
No abstract provided.
The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley
The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen
Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen
Articles
Professor William Simon argues that the principal professional responsibility of all lawyers should be to "seek justice."' He defines this as pursuing the client's rights, but not the client's interests, if those interests are incompatible with the "truth." As a concrete example of this approach, Professor Simon states that it would normally be inappropriate for a lawyer to subject a vulnerable, but accurate, witness to cross examination intended to create the impression that the witness' testimony was mistaken.
In my view, Professor Simon's position would not really further "justice" at all. In these brief comments, by focusing on the likely …
A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler
A Behavioral Approach To Law And Economics, Cass R. Sunstein, Christine Jolls, Richard H. Thaler
Articles
Economic analysis of law usually proceeds under the assumptions of neoclassical economics. But empirical evidence gives much reason to doubt these assumptions; people exhibit bounded rationality, bounded self-interest, and bounded willpower. This article
The Problematics Of Moral And Legal Theory, Richard A. Posner
The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …
Hard Cases, Carl E. Schneider
Hard Cases, Carl E. Schneider
Articles
Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert Alschuler
Articles
No abstract provided.
Federalism And The Family Reconstructed, Jill Elaine Hasday
Federalism And The Family Reconstructed, Jill Elaine Hasday
Articles
No abstract provided.
Professionalisms, Richard A. Posner
Incommensurability: Truth Or Consequences?, Brian Leiter
Incommensurability: Truth Or Consequences?, Brian Leiter
Articles
No abstract provided.
Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore
Efficiency And Conspiracy: Conflicts Of Interest, Anti-Nepotism Rules, And Separation Strategies, Saul Levmore
Articles
No abstract provided.
The Demand For Human Cloning, Richard A. Posner, Eric A. Posner
The Demand For Human Cloning, Richard A. Posner, Eric A. Posner
Articles
No abstract provided.
Against Constitutional Theory, Richard A. Posner
Against Constitutional Theory, Richard A. Posner
Articles
In this Madison Lecture, Chief Judge Posner advocates a pragmatic approach to constitutional decisionmaking, criticizing constitutional theorists who conceal their normative goals in vague and unworkable principles of interpretation. After discussing specific constitutional theories as well as the legal academy's increasing reliance on theory in genera Posner demonstrates the ineffectuality of constitutional theory, using the Supreme Court's decisions in United States v. Virginia and Romer v. Evans as examples. He argues not that these cases were necessarily wrongly decided, but that the opinions lack the empirical support that is crucial to sound constitutional adjudication. Posner urges law professors to focus …
Why It's Not Free Speech Versus Fair Trial, David A. Strauss
Why It's Not Free Speech Versus Fair Trial, David A. Strauss
Articles
No abstract provided.
Affirmative Action, Caste, And Cultural Comparisons Correspondence, Cass R. Sunstein
Affirmative Action, Caste, And Cultural Comparisons Correspondence, Cass R. Sunstein
Articles
No abstract provided.
Bad Incentives And Bad Institutions, Cass R. Sunstein
Lawyers And Confidentiality, Daniel R. Fischel
When The Taking Itself Is Just Compensation, Lior Strahilevitz
When The Taking Itself Is Just Compensation, Lior Strahilevitz
Articles
No abstract provided.
Protecting Property With Legal Remedies: A Common Sense Reply To Professor Ayres, Richard A. Epstein
Protecting Property With Legal Remedies: A Common Sense Reply To Professor Ayres, Richard A. Epstein
Articles
No abstract provided.
Living Dangerously: A Defense Of Mortal Peril, Richard A. Epstein
Living Dangerously: A Defense Of Mortal Peril, Richard A. Epstein
Articles
As one of the most controversial writers of our time, just the name Richard Epstein draws immediate attention from all sectors of academia. But if the hallmark of great ideas is the criticism they engender, Professor Epstein's words and thoughts are powerful indeed. In Mortal Peril, Professor Epstein outlined a fundamental shift in thinking that he claimed needed to occur before any discussion of health care could take place. The final consensus of the validity of Professor Epstein's views may still be a matter for history to judge, but in many ways, he has already won; with the strength of …
The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker
The New Chicago School: Myth Or Reality?, Lisa Bernstein, Richard A. Epstein, Eric A. Posner, Randal C. Picker
Articles
No abstract provided.
Explaining The Public Wariness Of Juries, Albert W. Alschuler
Explaining The Public Wariness Of Juries, Albert W. Alschuler
Articles
No abstract provided.
Antiquated Procedures Or Bedrock Rights: A Response To Professors Meares And Kahan The Right To A Fair Trial, Albert Alschuler, Stephen J. Schulhofer
Antiquated Procedures Or Bedrock Rights: A Response To Professors Meares And Kahan The Right To A Fair Trial, Albert Alschuler, Stephen J. Schulhofer
Articles
No abstract provided.
Formalism, Functionalism, Ignorance, Judges, Frank H. Easterbrook
Formalism, Functionalism, Ignorance, Judges, Frank H. Easterbrook
Articles
No abstract provided.
The Cartelization Of Commerce, Richard A. Epstein
Justice Harry A. Blackmun And The Responsibility Of Judging, Diane P. Wood
Justice Harry A. Blackmun And The Responsibility Of Judging, Diane P. Wood
Articles
No abstract provided.
Impeaching The President Essay, Cass R. Sunstein
Risk Assessment, Resource Allocation, And Fairness: Evidence From Law Students, Cass R. Sunstein, Christopher E. Houston
Risk Assessment, Resource Allocation, And Fairness: Evidence From Law Students, Cass R. Sunstein, Christopher E. Houston
Articles
No abstract provided.