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Articles 61 - 90 of 146
Full-Text Articles in Law
In Memoriam: Hans, Cass R. Sunstein
Something Old, Something New Feature, Cass R. Sunstein
Security Interests, Misbehavior, And Common Pools, Randal C. Picker
Security Interests, Misbehavior, And Common Pools, Randal C. Picker
Articles
Professor Picker contemplates his own agent-based computer simulation game-SimLaw 2011. He uses this vehicle to describe how "organized decision making" may differ substantially from individualized decision making. The simulations are available on the Internet, and the article is best read with access to a computer. Then he analyzes the consequences that organized decision making may have on future decisions made by our biggest organization-the government.
The Senate, The Constitution, And The Confirmation Process, David A. Strauss, Cass R. Sunstein
The Senate, The Constitution, And The Confirmation Process, David A. Strauss, Cass R. Sunstein
Articles
No abstract provided.
The Bill Of Rights In The Welfare State: A Bicentennial Symposium, Geoffrey R. Stone
The Bill Of Rights In The Welfare State: A Bicentennial Symposium, Geoffrey R. Stone
Articles
No abstract provided.
A View From The Box: The Law Professor As Juror, Richard H. Mcadams
A View From The Box: The Law Professor As Juror, Richard H. Mcadams
Articles
No abstract provided.
In Memoriam: Hans, Cass R. Sunstein
Neutrality In Constitutional Law (With Special Reference To Pornography, Abortion, And Surrogacy), Cass R. Sunstein
Neutrality In Constitutional Law (With Special Reference To Pornography, Abortion, And Surrogacy), Cass R. Sunstein
Articles
No abstract provided.
On Analogical Reasoning Commentary, Cass R. Sunstein
On Marshall's Conception Of Equality Tribute, Cass R. Sunstein
On Marshall's Conception Of Equality Tribute, Cass R. Sunstein
Articles
No abstract provided.
Religious Participation In Public Programs--Religious Freedom At A Crossroads, Michael W. Mcconnell
Religious Participation In Public Programs--Religious Freedom At A Crossroads, Michael W. Mcconnell
Articles
No abstract provided.
The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner
The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner
Articles
No abstract provided.
A New Regime For Expert Witnesses, Richard A. Epstein
The Indivisibility Of Liberty Under The Bill Of Rights, Richard A. Epstein
The Indivisibility Of Liberty Under The Bill Of Rights, Richard A. Epstein
Articles
No abstract provided.
Gender Is For Nouns, Richard A. Epstein
International News Service V. Associated Press: Custom And Law As Sources Of Property Rights In News, Richard A. Epstein
International News Service V. Associated Press: Custom And Law As Sources Of Property Rights In News, Richard A. Epstein
Articles
No abstract provided.
Ms. Aristotle, Richard A. Posner
Nietzsche And Aestheticism, Brian Leiter
Relative Preferences, Richard H. Mcadams
Voluntary Petitions And The Creditors' Bargain, Randal C. Picker
Voluntary Petitions And The Creditors' Bargain, Randal C. Picker
Articles
No abstract provided.
To P.B.K. For Four Decades, Gerhard Casper
The Politics Of Women's Wrongs And The Bill Of 'Rights': A Bicentennial Perspective, Mary E. Becker
The Politics Of Women's Wrongs And The Bill Of 'Rights': A Bicentennial Perspective, Mary E. Becker
Articles
No abstract provided.
The True Wisdom Of The Bill Of Rights, Philip B. Kurland
The True Wisdom Of The Bill Of Rights, Philip B. Kurland
Articles
No abstract provided.
Plea Bargaining As Compromise, Frank H. Easterbrook
Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka
Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka
Articles
This Article examines the decisional history that shaped the misuse doctrine and the interplay between the misuse defense and antitrust liability in patent and copyright infringement litigation. In particular, by examining the public interest and policy considerations underlying patent and antitrust laws, this Article compares and evaluates the new view that misuse must be analyzed by the conventional antitrust theories expressed by Judge Posner in USM Corp. v. SPS Technologies Inc. and the traditional view that was derived from the equity doctrine expressed in Morton Salt v. G.S. Suppiger.
Furthermore, this Article reviews the legislative history and the impact …
Introduction: The Bounds Of Advocacy, Robert H. Aronson
Introduction: The Bounds Of Advocacy, Robert H. Aronson
Articles
I was asked, as Reporter for the American Academy of Matrimonial Lawyers' Bounds of Advocacy, to provide an Introduction to the substantive issues discussed by members of the Committee in succeeding articles. This article will therefore "set the stage" by indicating the need for the Bounds of Advocacy, the charge to the Committee, the process by which the Standards and Comments were drafted, re-drafted, and then re-drafted again, and the appropriate scope, purpose and use of the Standards and Comments.
Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman
Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman
Articles
The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …
Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman
Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman
Articles
I have devoted large gobs of time to work on a multi-author treatise on the law of evidence.' And before even one volume is published, I will devote further multiple gobs of time to the project-which, perhaps audaciously and perhaps merely foolishly, but with heredity and precedent on our side,2 we are calling The New Wigmore. Accordingly, I found the question posed by this symposium-Does Evidence Law Matter?-rather disquieting. If it is doubtful even whether the law of evidence matters, then how much can a treatise on the law of evidence matter, and how worthwhile can such a work be? …
The Tragedy Of The Commons, Part Two, James E. Krier
The Tragedy Of The Commons, Part Two, James E. Krier
Articles
This symposium is about the idea of "free market environmentalism" in general and the book Free Market Environmentalism, by Terry Anderson and Donald Leal,1 in particular. While I focus chiefly on Anderson and Leal's book, the discussion will necessarily involve the general idea of free market environmentalism as well. The conceit of my tide, which obviously derives from Garrett Hardin's celebrated essay on The Tragedy of the Commons,2 is this: Superficial differences aside, Hardin's essay and Anderson and Leal's book address the same fundamental problem of coordinating human behavior as it affects environmental quality. But both the essay and the …
Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn
Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn
Articles
Since the adoption in 1919 of the Revenue Act of 1918, damages received on account of personal injuries or sickness have been excluded by statute from gross income.1 This exclusion, which does not apply to reimbursements for medical expenses for which the taxpayer was previously allowed a tax deduction,2 is presently set forth in section 104(a)(2). One might expect that a provision having recently attained the ripe age of 75 years without change in its basic language would have a settled meaning. However, recent litigation under section 104(a)(2) bristles with unsettled issues. Does the exclusion apply to punitive damages? To …