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Articles 31 - 60 of 269
Full-Text Articles in Law
The Brave New World Of Arbitration, Diane P. Wood
Threatening An Irrational Breach Of Contract, Omri Ben-Shahar, Oren Bar-Gill
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
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
In Coase's Footsteps, Douglas G. Baird
Cybertrespass, Richard A. Epstein
The Market For Elite Law Firm Associates, Tom Ginsburg, Jeffrey A. Wolf
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
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
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
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
The Consequences Of Undoing The Federal Income Tax, Julie Roin
Articles
No abstract provided.
The Empirical Side Of Law And Economics, William M. Landes
The Empirical Side Of Law And Economics, William M. Landes
Articles
No abstract provided.
Activists Vote Twice, Joseph Isenbergh
Death, Taxes, And Cognition, Lee Anne Fennell
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
Indirect Restraints On The Provision Of Health Care Quality, Richard A. Epstein
Articles
No abstract provided.
The Missed Opportunity In Gault, Emily Buss
When Is It Worthwhile To Use Courts To Search For Exclusionary Conduct?, Frank H. Easterbrook
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
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
Articles
No abstract provided.
Do States Have A Moral Obligation To Obey International Law?, Eric A. Posner
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
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
Libertarian Paternalism Is Not An Oxymoron, Cass R. Sunstein, Richard H. Thaler
Libertarian Paternalism Is Not An Oxymoron, Cass R. Sunstein, Richard H. Thaler
Articles
No abstract provided.
Lochnering, Cass R. Sunstein
Fear And Greed In Tax Policy: A Qualitative Research Agenda, Lee Anne Fennell, Christopher C. Fennell
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
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
Insuring Against Terrorism - And Crime, Saul Levmore, Kyle D. Logue
Articles
No abstract provided.
Trials And Tribulations: Science In The Law, Susan Haack
Trials And Tribulations: Science In The Law, Susan Haack
Articles
No abstract provided.
The Culture Of Arbitration, Tom Ginsburg
Simply Efficient Markets And The Role Of Regulation: Lessons From The Iowa Electronic Markets And The Hollywood Stock Exchange, Saul Levmore
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.