Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 60
Full-Text Articles in Law
Readings By Our Unitary Executive, Lawrence Lessig
Legal Scholarship Today, Richard A. Posner
Fidelity In Translation, Lawrence Lessig
Fidelity In Translation, Lawrence Lessig
Articles
Readings of the Constitution have changed. Sometimes they have changed because the constitutional text has changed. But more often they have changed while the text has remained the same. Can it be that these changed readings-changes that track no change in constitutional text-can nonetheless be readings of fidelity, faithful to the Constitution's original meaning? On some readings of originalism, the answer must be no. But this essay argues that any complete account of interpretive fidelity must allow--indeed require--changes in constitutional readings even when there has been no change in the constitutional text. If meaning is a function of both text …
The Rules Of Evidence And The Rules Of Public Debate, Geoffrey R. Stone
The Rules Of Evidence And The Rules Of Public Debate, Geoffrey R. Stone
Articles
No abstract provided.
Drafting A Constitution: A Friendly Warning To South Africa, Richard A. Epstein
Drafting A Constitution: A Friendly Warning To South Africa, Richard A. Epstein
Articles
No abstract provided.
Should Title Vii Of The Civil Rights Act Of 1964 Be Repealed?, Richard A. Epstein, Erwin Chemerinsky
Should Title Vii Of The Civil Rights Act Of 1964 Be Repealed?, Richard A. Epstein, Erwin Chemerinsky
Articles
No abstract provided.
Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner
Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner
Articles
No abstract provided.
The Material Basis Of Jurisprudence, Richard A. Posner
Unitary Executive Interpretation: A Comment, Frank H. Easterbrook
Unitary Executive Interpretation: A Comment, Frank H. Easterbrook
Articles
No abstract provided.
The Path Of The Presidency, Lawrence Lessig
Regulation Of Hate Speech And Pornography After R. A. V., Elena Kagan
Regulation Of Hate Speech And Pornography After R. A. V., Elena Kagan
Articles
No abstract provided.
Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein
Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein
Articles
No abstract provided.
Conflicting Values In Law, Cass R. Sunstein
Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein
Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein
Articles
In this Article, the author argues that mandatory, non-binding federal court-annexed arbitration programs will not succeed in increasing access to justice, and may in fact decrease access to justice for poorer litigants, precisely the people the programs were designed to help. After exploring the effects of such programs on parties' litigation decisions and demonstrating that the programs are unlikely to create private or social benefits, the Article explores the attributes of private ADR tribunals that parties find desirable and the many ways, apart from reducing cost and delay, that private ADR agreements create value. The Article concludes that, while the …
Monarch, Lackey, Or Judge?, Albert Alschuler
Autonomy And Distrust, Geoffrey R. Stone
Presidential Interpretation Of The Constitution, David A. Strauss
Presidential Interpretation Of The Constitution, David A. Strauss
Articles
No abstract provided.
The Demand For Judicial Review, Frank H. Easterbrook
The Man Who Once Was Whizzer White, Dennis J. Hutchinson
The Man Who Once Was Whizzer White, Dennis J. Hutchinson
Articles
No abstract provided.
A False Sense Of Social Reality: A Response To Erwin Chemerinsky, Richard A. Epstein
A False Sense Of Social Reality: A Response To Erwin Chemerinsky, Richard A. Epstein
Articles
No abstract provided.
The Federalist Papers: From Practical Politics To High Principle, Richard A. Epstein
The Federalist Papers: From Practical Politics To High Principle, Richard A. Epstein
Articles
No abstract provided.
Book Review (Reviewing Maudemarie Clark, Nietzsche On Truth And Philosophy (1990)), Brian Leiter
Book Review (Reviewing Maudemarie Clark, Nietzsche On Truth And Philosophy (1990)), Brian Leiter
Articles
No abstract provided.
Incommensurability And Valuation In Law, Cass R. Sunstein
Incommensurability And Valuation In Law, Cass R. Sunstein
Articles
No abstract provided.
Four Feminist Theoretical Approaches And The Double Bind Of Surrogacy, Mary E. Becker
Four Feminist Theoretical Approaches And The Double Bind Of Surrogacy, Mary E. Becker
Articles
No abstract provided.
Against Positive Rights Feature, Cass R. Sunstein
Well-Being And The State, Cass R. Sunstein
Obligation Or Restitution For Best Efforts, Saul Levmore
Obligation Or Restitution For Best Efforts, Saul Levmore
Articles
No abstract provided.
Unmasking The Matching Principle In Tax Law, Julie Roin
Unmasking The Matching Principle In Tax Law, Julie Roin
Articles
No abstract provided.
Couples And Coupling In The Public Sphere: A Comment On The Legal History Of Litigating For Lesbian And Gay Rights, Mary Anne Case
Couples And Coupling In The Public Sphere: A Comment On The Legal History Of Litigating For Lesbian And Gay Rights, Mary Anne Case
Articles
No abstract provided.
From The Mirror Of Reason To The Measure Of Justice, Mary Anne Case
From The Mirror Of Reason To The Measure Of Justice, Mary Anne Case
Articles
No abstract provided.