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Full-Text Articles in Law

On Being A Happy, Healthy, And Ethical Member Of An Unhappy, Unhealthy, And Unethical Profession, Patrick J. Schiltz May 1999

On Being A Happy, Healthy, And Ethical Member Of An Unhappy, Unhealthy, And Unethical Profession, Patrick J. Schiltz

Vanderbilt Law Review

Dear Law Student: I have good news and bad news. The bad news is that the profession that you are about to enter is one of the most unhappy and unhealthy on the face of the earth--and, in the view of many, one of the most unethical. The good news is that you can join this profession and still be happy, healthy, and ethical. I am writing to tell you how. I. THE WELL-BEING OF LAWYERS Lawyers play an enormously important role in our society. "It is the lawyers who run our civilization for us-our governments, our business, our private …


Rethinking Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner Jan 1999

Rethinking Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner

Faculty Scholarship

This paper analyzes cost-benefit analysis from legal, economic, and philosophical perspectives. The traditional defense of cost-benefit analysis is that it maximizes a social welfare function that aggregates unweighted and unrestricted preferences. We follow many economists and philosophers who conclude that this defense is not persuasive. Cost-benefit analysis unavoidably depends on controversial distributive judgments; and the view that the government should maximize the satisfaction of unrestricted preferences is not plausible. However, we disagree with critics who argue that cost-benefit analysis produces morally irrelevant evaluations of projects and should be abandoned. On the contrary, cost-benefit analysis, suitably constrained, is consistent with a …