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2003

Articles

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Institution
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Articles 31 - 60 of 269

Full-Text Articles in Law

The Brave New World Of Arbitration, Diane P. Wood Jan 2003

The Brave New World Of Arbitration, Diane P. Wood

Articles

No abstract provided.


Threatening An Irrational Breach Of Contract, Omri Ben-Shahar, Oren Bar-Gill Jan 2003

Threatening An Irrational Breach Of Contract, Omri Ben-Shahar, Oren Bar-Gill

Articles

When circumstances surrounding the contract change, a party might consider breach a more attractive option than performance. Threatening breach, this party may induce the other party to modify the original agreement. The contract law doctrine of modification determines whether and when these modifications are enforceable. To promote social welfare as well as the interests of the threatened party, the law should enforce modifications if and only if the modification demand is backed by a credible threat to breach. This paper argues that credibility is not a function of pecuniary interests alone. A decision to breach can be motivated also by …


On The Psychology Of Punishment, Cass R. Sunstein Jan 2003

On The Psychology Of Punishment, Cass R. Sunstein

Articles

Are juries rational or irrational? In the context of punitive damage awards, jury decisions suffer from serious problems. Jurors are intuitive retributivists, in a way that produces departures from economic theories of punishment. Their decisions are rooted in outrage, which they cannot easily translate into dollar terms. The result is a degree of unpredictability and incoherence. An understanding of this point casts light on several problems with existing institutions and offers some clues about how those problems might be solved.


The Rights Of Animals, Cass R. Sunstein Jan 2003

The Rights Of Animals, Cass R. Sunstein

Articles

No abstract provided.


In Coase's Footsteps, Douglas G. Baird Jan 2003

In Coase's Footsteps, Douglas G. Baird

Articles

No abstract provided.


Cybertrespass, Richard A. Epstein Jan 2003

Cybertrespass, Richard A. Epstein

Articles

No abstract provided.


The Market For Elite Law Firm Associates, Tom Ginsburg, Jeffrey A. Wolf Jan 2003

The Market For Elite Law Firm Associates, Tom Ginsburg, Jeffrey A. Wolf

Articles

No abstract provided.


The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt Jan 2003

The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt

Articles

No abstract provided.


Canonical Remedies In Medieval Marriage Law: The Contributions Of Legal Practice Founding, Richard H. Helmholz Jan 2003

Canonical Remedies In Medieval Marriage Law: The Contributions Of Legal Practice Founding, Richard H. Helmholz

Articles

No abstract provided.


Terrorism And Insurance Markets: A Role For The Government As Insurer?, Alan O. Sykes Jan 2003

Terrorism And Insurance Markets: A Role For The Government As Insurer?, Alan O. Sykes

Articles

Since September 11, 2001, insurance markets have been struggling to adjust to new information about the magnitude of risks posed by terrorism, and to the loss of tens of billions of dollars in reserves because of claims relating to the September 11 attacks. Insurance coverage for terror-related losses has become more expensive and for some risks difficult or impossible to obtain. As a result, various interest groups called for the federal government to provide coverage for terrorism losses, resulting in the Terrorism Risk Insurance Act of 2002. We question the wisdom of measures of this sort. They are likely to …


The Consequences Of Undoing The Federal Income Tax, Julie Roin Jan 2003

The Consequences Of Undoing The Federal Income Tax, Julie Roin

Articles

No abstract provided.


The Empirical Side Of Law And Economics, William M. Landes Jan 2003

The Empirical Side Of Law And Economics, William M. Landes

Articles

No abstract provided.


Activists Vote Twice, Joseph Isenbergh Jan 2003

Activists Vote Twice, Joseph Isenbergh

Articles

No abstract provided.


Death, Taxes, And Cognition, Lee Anne Fennell Jan 2003

Death, Taxes, And Cognition, Lee Anne Fennell

Articles

The psychology of the estate tax is extraordinarily interesting and surprisingly underexplored. In this Article, Professor Fennell considers the ways in which behavioral law and economics might augment and revise existing understandings of the tax and of redistributive policy generally. The Article is structured around two puzzles that have been frequently identified in the estate tax literature: first, why popular opposition to the tax is so great, even among those who have no reason to expect estate tax liability; and second, why those whose estates are likely to be subject to the tax often do not take advantage of the …


Indirect Restraints On The Provision Of Health Care Quality, Richard A. Epstein Jan 2003

Indirect Restraints On The Provision Of Health Care Quality, Richard A. Epstein

Articles

No abstract provided.


The Missed Opportunity In Gault, Emily Buss Jan 2003

The Missed Opportunity In Gault, Emily Buss

Articles

No abstract provided.


When Is It Worthwhile To Use Courts To Search For Exclusionary Conduct?, Frank H. Easterbrook Jan 2003

When Is It Worthwhile To Use Courts To Search For Exclusionary Conduct?, Frank H. Easterbrook

Articles

No abstract provided.


The Long-Run Growth In Obesity As A Function Of Technological Change, Richard A. Posner, Tomas J. Philipson Jan 2003

The Long-Run Growth In Obesity As A Function Of Technological Change, Richard A. Posner, Tomas J. Philipson

Articles

No abstract provided.


Developing A Taste For Not Being Discriminated Against (Reviewing Ian Ayres, Pervasive Prejudice? Unconventional Evidence Of Race And Gender Discrimination (2001) And Francisco Valdes, Jerome Mccristal Culp & Angela P. Harris, Crossroads, Directions, And, Mary Anne Case Jan 2003

Developing A Taste For Not Being Discriminated Against (Reviewing Ian Ayres, Pervasive Prejudice? Unconventional Evidence Of Race And Gender Discrimination (2001) And Francisco Valdes, Jerome Mccristal Culp & Angela P. Harris, Crossroads, Directions, And, Mary Anne Case

Articles

No abstract provided.


Do States Have A Moral Obligation To Obey International Law?, Eric A. Posner Jan 2003

Do States Have A Moral Obligation To Obey International Law?, Eric A. Posner

Articles

No abstract provided.


Common Law, Common Ground, And Jefferson's Principle, David A. Strauss Jan 2003

Common Law, Common Ground, And Jefferson's Principle, David A. Strauss

Articles

No abstract provided.


The Rule Of Law In Times Of Stress, Diane P. Wood Jan 2003

The Rule Of Law In Times Of Stress, Diane P. Wood

Articles

No abstract provided.


Libertarian Paternalism Is Not An Oxymoron, Cass R. Sunstein, Richard H. Thaler Jan 2003

Libertarian Paternalism Is Not An Oxymoron, Cass R. Sunstein, Richard H. Thaler

Articles

No abstract provided.


Lochnering, Cass R. Sunstein Jan 2003

Lochnering, Cass R. Sunstein

Articles

No abstract provided.


Fear And Greed In Tax Policy: A Qualitative Research Agenda, Lee Anne Fennell, Christopher C. Fennell Jan 2003

Fear And Greed In Tax Policy: A Qualitative Research Agenda, Lee Anne Fennell, Christopher C. Fennell

Articles

No abstract provided.


International Delegations, The Structural Constitution, And Non-Self-Execution, Curtis A. Bradley Jan 2003

International Delegations, The Structural Constitution, And Non-Self-Execution, Curtis A. Bradley

Articles

In this Article I consider the constitutional implications of U.S. delegations of authority to international institutions.1 Since World War II, there has been a vast growth in the number and importance of international institutions. Although some of these institutions are merely forums for discussion and negotiation, many of them exercise judicial, legislative, regulatory, investigative, or prosecutorial authority. Despite its isolationist reputation, and despite recently announcing that it would not become a party to the International Criminal Court, the United States has committed itself to many of these institutions. By virtue of these commitments, the United States has consented to …


Insuring Against Terrorism - And Crime, Saul Levmore, Kyle D. Logue Jan 2003

Insuring Against Terrorism - And Crime, Saul Levmore, Kyle D. Logue

Articles

No abstract provided.


Trials And Tribulations: Science In The Law, Susan Haack Jan 2003

Trials And Tribulations: Science In The Law, Susan Haack

Articles

No abstract provided.


The Culture Of Arbitration, Tom Ginsburg Jan 2003

The Culture Of Arbitration, Tom Ginsburg

Articles

No abstract provided.


Simply Efficient Markets And The Role Of Regulation: Lessons From The Iowa Electronic Markets And The Hollywood Stock Exchange, Saul Levmore Jan 2003

Simply Efficient Markets And The Role Of Regulation: Lessons From The Iowa Electronic Markets And The Hollywood Stock Exchange, Saul Levmore

Articles

No abstract provided.