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Articles 61 - 90 of 296
Full-Text Articles in Law
Law School Rankings, Richard A. Posner
Law School Rankings, Richard A. Posner
Articles
Rank ordering is a crude but economical method of conveying information that assists "consumers" (such as prospective law students) to make choices; hence the popularity of the law school rankings by U.S. News & World Report ("U.S. News'). However, U.S. News's rankings are vitiated by the arbitrary weights attached to the different factors on which the rankings are based. This paper explores a variety of alternatives, beginning with the mean LSAT score of the student body, and emphasizes that the design of a ranking system is relevant to the interest of the people whom the rankings are intended to guide. …
The Role Of The Judge In The Twenty-First Century, Richard A. Posner
The Role Of The Judge In The Twenty-First Century, Richard A. Posner
Articles
In my youthful, scornful way, I recognized four kinds of judgments; first the cogitative, of and by reflection and logomancy; second, aleatory, of and by the dice; third, intuitive, of and by feeling or "hunching;" and fourth, asinine, of and by an ass; and in that same youthful, scornful way I regarded the last three as only variants of each other, the results of processes all alien to good judges.
Tilting At Windmills: Brown Ii And The Hopeless Quest To Resolve Deep-Seated Social Conflict Through Litigation, Gerald Rosenberg
Tilting At Windmills: Brown Ii And The Hopeless Quest To Resolve Deep-Seated Social Conflict Through Litigation, Gerald Rosenberg
Articles
No abstract provided.
The Superiority Of An Ideal Consumption Tax Over An Ideal Income Tax, David A. Weisbach, Joseph Bankman
The Superiority Of An Ideal Consumption Tax Over An Ideal Income Tax, David A. Weisbach, Joseph Bankman
Articles
This Article considers the arguments regarding the choice between an ideal income tax and an ideal consumption tax, focusing on an argument first made by Atkinson and Stiglitz regarding neutral taxation of commodities. This argument shows that, under its assumptions, a properly designed consumption tax is Pareto superior to an income tax: it is either more efficient, more redistributive, or both. The Article illustrates the Atkinson-Stiglitz argument using the simple case in which investments produce risk-free returns, and individuals vary by their ability. It then considers more complex cases, such as risky returns, inherited wealth, heterogeneous savings rates, and the …
Do We Have Too Many Intellectual Property Rights?, Richard A. Posner
Do We Have Too Many Intellectual Property Rights?, Richard A. Posner
Articles
No abstract provided.
Presidential Signing Statements And Executive Power, Curtis A. Bradley, Eric A. Posner
Presidential Signing Statements And Executive Power, Curtis A. Bradley, Eric A. Posner
Articles
A recent debate about the Bush administration's use of presidential signing statements has raised questions about their function, legality, and value. We argue that presidential signing statements are legal and that they provide a useful way for the president to disclose his views about the meaning and constitutionality of legislation. In addition, basic tenets of positive political theory suggest that signing statements do not undermine the separation of powers or the legislative process and that, under certain circumstances, they can provide relevant evidence of statutory meaning. Although President Bush has raised many more constitutional challenges within his signing statements than …
Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley
Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley
Articles
No abstract provided.
Locking In Democracy: Constitutions, Commitment, And International Law, Tom Ginsburg
Locking In Democracy: Constitutions, Commitment, And International Law, Tom Ginsburg
Articles
No abstract provided.
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Tom Ginsburg, Paul F. Diehl
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Tom Ginsburg, Paul F. Diehl
Articles
No abstract provided.
Lay Persons And Community Values In Reviewing Animal Experimentation, Jeff Leslie
Lay Persons And Community Values In Reviewing Animal Experimentation, Jeff Leslie
Articles
No abstract provided.
The Prime Directive, Douglas G. Baird, Robert K. Rasmussen
The Prime Directive, Douglas G. Baird, Robert K. Rasmussen
Articles
No abstract provided.
Our Ignorance About Intelligence, Richard A. Epstein
Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Peñalver
Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Peñalver
Articles
No abstract provided.
What Light If Any Does The Google Print Dispute Shed On Intellectual Property Law?, Richard A. Epstein
What Light If Any Does The Google Print Dispute Shed On Intellectual Property Law?, Richard A. Epstein
Articles
No abstract provided.
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
Articles
No abstract provided.
Air Passenger Rights:A New Departure In European Aviation Law, Niall Neligan
Air Passenger Rights:A New Departure In European Aviation Law, Niall Neligan
Articles
The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation,
outlining the major provisions contained within, the legal challenge brought by the International Air Transport Association (“IATA”) and the European Low Fares Association (“ELFA”) and the impact
it will have on passenger rights in the European Union. Furthermore, the article will conclude by examining how national enforcement …
Challenging Delaware's Desirability As A Haven For Incorporation, Philip S. Garon, Michael A. Stanchfield, John H. Matheson
Challenging Delaware's Desirability As A Haven For Incorporation, Philip S. Garon, Michael A. Stanchfield, John H. Matheson
Articles
Whether a "race to the bottom" or a "race to the top," the competition among many states to encourage businesses to incorporate in their states has wide-ranging consequences for those businesses. Those consequences include the allocation of rights, powers, duties, and liabilities among corporate directors, officers, and shareholders. Despite the tendency to analyze this competition as a multi-state contest, empirical research shows that the "race" is actually a vast number of individual races between just two states at a time: the state in which the would-be corporation's principal office will be located and Delaware. Attorneys and their clients are regularly …
The Human Rights Of Stateless Persons, David Weissbrodt, Clay Collins
The Human Rights Of Stateless Persons, David Weissbrodt, Clay Collins
Articles
By exploring statelessness through legal, theoretical, and practical lenses, this article presents a broad examination of the human rights of stateless persons. The article delineates the rights of stateless persons as enunciated in various human rights instruments; presents the mechanisms of, and paths to, statelessness; illustrates the practical struggles of stateless persons by highlighting the plights of various stateless populations; examines how the problem of statelessness is being addressed; and considers the complex political and regional forces affecting policies towards stateless persons. The article concludes with recommendations regarding remedies and solutions for statelessness.
The Future Of The Legal Profession, Robert Stein
The Future Of The Legal Profession, Robert Stein
Articles
It is a pleasure to be with you this evening and share some thoughts with you. Sandy and I are delighted to see so many wonderful friends here. I hope we have an opportunity to greet each of you before the evening is over. I include my wife, Sandy, in our network of friends because she has been my partner throughout my association with the Law School - during the time I was a student, then a faculty member, and eventually as Dean - and so many friends here tonight are friends of both of ours. I'd like to ask …
Raz, Authority, And Conceptual Analysis, Brian Bix
Raz, Authority, And Conceptual Analysis, Brian Bix
Articles
In "Authority: Revisiting the Service Conception," Joseph Raz reflects on his work on the nature of authority, defending much of what he has written on the subject, while offering some additional clarifications and modifications. I must leave to others a more direct assessment of Raz's views on authority, and the revisions he has suggested in this most recent paper. I will instead focus on some of the methodological considerations he discusses in this paper; in particular, I will compare and contrast Raz's discussion here about conceptual analysis and the concept of authority with his recent analyses of the conceptual analysis …
Blakely In Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, Richard Frase
Blakely In Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, Richard Frase
Articles
The Supreme Court's decision in Blakely v. Washington' has produced some changes in sentencing law and practice in Minnesota, but after two years the basic structure of the state's pioneering sentencing guidelines system remains intact. Blakely caused much initial concern and uncertainty, but the dire predictions2 of catastrophic change or major retreat from progressive sentencing policy have not been borne out. This article examines the ways in which critical policy choices made before and after Blakely helped to preserve the most important features of the Guidelines. Part I shows how the design, implementation, and pre-Blakely evolution of the Guidelines served …
Purposes And Functions Of Sentencing, Michael Tonry
Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield
Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield
Articles
No abstract provided.
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Land Use And Housing Policies To Reduce Concentrated Poverty And Racial Segregation, Myron Orfield
Articles
No abstract provided.
The Regulatory Void Of Contingent Work, Stephen F. Befort
The Regulatory Void Of Contingent Work, Stephen F. Befort
Articles
No abstract provided.
When Quitting Is Fitting: The Need For A Reformulated Sexual Harassment/Constructive Discharge Standard In The Wake Of Pennsylvania State Police V. Suders, Stephen F. Befort, Sarah J. Gorajski
When Quitting Is Fitting: The Need For A Reformulated Sexual Harassment/Constructive Discharge Standard In The Wake Of Pennsylvania State Police V. Suders, Stephen F. Befort, Sarah J. Gorajski
Articles
The legal landscape with respect to constructive discharges resulting from sexually harassing conduct has been mired in confusion for the past two decades. Courts generally have applied a multi-step analysis that requires plaintiffs to establish both the existence of severe or pervasive sexual harassment as well as additional aggravating factors warranting an employee's resignation. The courts, however, have had a difficult time in defining the contours of the separate harassment and constructive discharge tests. The Supreme Court has weighed in on several occasions, but rather than opt for clarity, the Court has created new tests and new terminology that have …
Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass
Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass
Articles
The public trust doctrine has a long history from its beginnings as an obligation on states to hold lands submerged under navigable waters in trust for the public, to its resurgence in the 1970s as a protector of natural resources, to its influence on state statutory and constitutional law as the public embraced environmental protection principles. However, many have argued that the public trust doctrine has not lived up to its potential as a major player in environmental and natural resources law. This article proposes a new framework for the public trust doctrine as a state tool for environmental protection …
The Need For Mead: Rejecting Tax Exceptionalism In Judicial Deference, Kristin Hickman
The Need For Mead: Rejecting Tax Exceptionalism In Judicial Deference, Kristin Hickman
Articles
This Article takes the controversial position that Treasury regulations are entitled to judicial deference under the Chevron doctrine, as clarified by the Supreme Court in the more recent Mead case, whether those regulations are promulgated pursuant to specific authority delegated in a substantive provision of the Internal Revenue Code or in the exercise of general authority granted in Code Section 7805(a). The Article attributes the unwillingness to concede Chevron's applicability to tax exceptionalism, the erroneous perception of many scholars that tax is different from other areas of the law, which in the context of this Article translates into the idea …
How Did We Get Here Anyway?: Considering The Standing Question In Daimlerchrysler V. Cuno, Kristin Hickman
How Did We Get Here Anyway?: Considering The Standing Question In Daimlerchrysler V. Cuno, Kristin Hickman
Articles
n granting certiorari in the case of DaimlerChrysler Corp. v. Cuno, the Supreme Court asked the parties to brief whether respondents have standing to challenge Ohio's investment tax credit. Looking at the posture of the case, this essay argues that the Supreme Court is likely sending a signal that it hopes to overturn the Sixth Circuit decision on standing grounds and avoid the more difficult question of whether the tax credit is unconstitutional based on the dormant Commerce Clause. This essay applies modern standing doctrine to the Cuno case and concludes that the Cuno plaintiffs do not have standing to …
Political Violence And Gender In Times Of Transition, Fionnuala Ní Aoláin
Political Violence And Gender In Times Of Transition, Fionnuala Ní Aoláin
Articles
At the heart of transitional justice discourse is an ongoing conversation about accountability for human rights violations that occur in a context of regime repression or violent conflict. That accountability dialogue has generally been preoccupied with attempts to define the forms of political violence that should be addressed by various formal and informal mechanisms, such as trials and other truth-seeking processes. This Article will examine the multiple ways in which transitional justice processes have conceptualized political violence, and how that maps onto a gendered understanding of violence experiences and accountability mechanisms in a transitional context.