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 …
Unmasking The Matching Principle In Tax Law, Julie Roin
Unmasking The Matching Principle In Tax Law, Julie Roin
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Should Title Vii Of The Civil Rights Act Of 1964 Be Repealed?, Richard A. Epstein, Erwin Chemerinsky
Should Title Vii Of The Civil Rights Act Of 1964 Be Repealed?, Richard A. Epstein, Erwin Chemerinsky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.
Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore
Irreversibility And The Law: The Size Of Firms And Other Organizations, Saul Levmore
Articles
No abstract provided.
Obligation Or Restitution For Best Efforts, Saul Levmore
Obligation Or Restitution For Best Efforts, Saul Levmore
Articles
No abstract provided.
When Cities Go Broke: A Conceptual Introduction To Municipal Bankruptcy, Randal C. Picker, Michael W. Mcconnell
When Cities Go Broke: A Conceptual Introduction To Municipal Bankruptcy, Randal C. Picker, Michael W. Mcconnell
Articles
No abstract provided.
The Material Basis Of Jurisprudence, Richard A. Posner
Against Positive Rights Feature, Cass R. Sunstein
Conflicting Values In Law, Cass R. Sunstein
Well-Being And The State, Cass R. Sunstein
Structuring The Separation Of Powers, Philip B. Kurland
Structuring The Separation Of Powers, Philip B. Kurland
Articles
No abstract provided.
Judicial Limitations In The Discretion Of Liability Insurers To Settle Or Litigate: An Economic Critique, Alan O. Sykes
Judicial Limitations In The Discretion Of Liability Insurers To Settle Or Litigate: An Economic Critique, Alan O. Sykes
Articles
No abstract provided.
Some Thoughts On The Real Estate Puzzle: Comment On Levmore, Commissions And Conflicts In Agency Arrangements: Lawyers, Real Estate Brokers, Underwriters, And Other Agents' Rewards, Alan O. Sykes
Articles
No abstract provided.
Article Ii Revisionism Correspondence, Cass R. Sunstein
Article Ii Revisionism Correspondence, Cass R. Sunstein
Articles
No abstract provided.
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.
The Man Who Once Was Whizzer White, Dennis J. Hutchinson
The Man Who Once Was Whizzer White, Dennis J. Hutchinson
Articles
No abstract provided.
Monarch, Lackey, Or Judge?, Albert Alschuler
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.
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 …
Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner
Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner
Articles
No abstract provided.
Autonomy And Distrust, Geoffrey R. Stone
Conservative Free Speech And The Uneasy Case For Judicial Review, Mary E. Becker
Conservative Free Speech And The Uneasy Case For Judicial Review, Mary E. Becker
Articles
No abstract provided.
A Libel Story: Sullivan Then And Now (Reviewing Anthony Lewis, Make No Law: The Sullivan Case And The First Amendment (1991)), Elena Kagan
Articles
No abstract provided.
In Defense Of Liberal Education Multiple Cultures And The Law: Do We Have A Legal Canon?, Cass R. Sunstein
In Defense Of Liberal Education Multiple Cultures And The Law: Do We Have A Legal Canon?, Cass R. Sunstein
Articles
No abstract provided.
Information, Please Feature, Cass R. Sunstein
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.
Words, Conduct, Caste, Cass R. Sunstein
Presidential Interpretation Of The Constitution, David A. Strauss
Presidential Interpretation Of The Constitution, David A. Strauss
Articles
No abstract provided.