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Articles 31 - 60 of 327
Full-Text Articles in Law
Is The Bankruptcy Code An Adequate Mechanism For Resolving The Distress Of Systemically Important Institutions?, Edward Morrison
Is The Bankruptcy Code An Adequate Mechanism For Resolving The Distress Of Systemically Important Institutions?, Edward Morrison
Articles
No abstract provided.
Reputation, Information And The Organization Of The Judiciary, Tom Ginsburg, Nuno Garoupa
Reputation, Information And The Organization Of The Judiciary, Tom Ginsburg, Nuno Garoupa
Articles
No abstract provided.
What The Law Should (And Should Not) Learn From Child Development Research, Emily Buss
What The Law Should (And Should Not) Learn From Child Development Research, Emily Buss
Articles
No abstract provided.
A Global Architecture For Medical Counter-Measure Preparedness Against Bioviolence, Zachary D. Clopton, Barry Kellman
A Global Architecture For Medical Counter-Measure Preparedness Against Bioviolence, Zachary D. Clopton, Barry Kellman
Articles
No abstract provided.
The Case For Field Preemption Of State Laws In Drug Cases, Richard A. Epstein
The Case For Field Preemption Of State Laws In Drug Cases, Richard A. Epstein
Articles
No abstract provided.
Privacy And The Third Hand: Lessons From The Common Law Of Reasonable Expectations, Richard A. Epstein
Privacy And The Third Hand: Lessons From The Common Law Of Reasonable Expectations, Richard A. Epstein
Articles
No abstract provided.
The Disintegration Of Intellectual Property - A Classical Liberal Response To A Premature Obituary, Richard A. Epstein
The Disintegration Of Intellectual Property - A Classical Liberal Response To A Premature Obituary, Richard A. Epstein
Articles
This Article plays off the title of Thomas Grey's well-known article, The Disintegration of Property, which argued in part that the ceaseless consensual fragmentation and recombination of property rights revealed some inner incoherence of the underlying private property institutions. I take the opposite position and treat this supposed disintegration of private property as evidence of its robust nature, not only for land but for all forms of intellectual property. Low transaction costs facilitate the creation of efficient regimes of property rights. I use this framework to critique modern intellectual property rights cases that limit the use of injunctive relief in …
The Regulation Of Sovereign Wealth Funds: The Virtues Of Going Slow, Richard A. Epstein, Amanda M. Rose
The Regulation Of Sovereign Wealth Funds: The Virtues Of Going Slow, Richard A. Epstein, Amanda M. Rose
Articles
In this Article we argue against imposing any additional burdens on investments by SWFs in the United States; at least at present. In our view, at this point a policy of watchful waiting is preferable to any immediate effort to impose special restrictions on SWFs On the one hand, the nightmare scenarios painted by SWF critics often involve activities that would be caught by existing laws; either as they relate to national security or to various forms of business regulation under the securities and antitrust law. On the other hand, we do not possess perfect foresight and cannot say that …
Foreword: Fault In Contract Law, Omri Ben-Shahar, Ariel Porat
Foreword: Fault In Contract Law, Omri Ben-Shahar, Ariel Porat
Articles
No abstract provided.
Fault In Contract Law, Eric A. Posner
Fault In Contract Law, Eric A. Posner
Articles
A promisor is strictly liable for breaching a contract, according to the standard account. However, a negligence-based system of contract law can be given an economic interpretation, and this Article shows that such a system is in some respects more attractive than the strict-liability system. This may explain why, as a brief discussion of cases shows, negligence ideas continue to play a role in contract decisions.
From Blackstone To Holmes: The Revolt Against Natural Law Historic Proponents And The Critics Of Higher Law, Albert Alschuler
From Blackstone To Holmes: The Revolt Against Natural Law Historic Proponents And The Critics Of Higher Law, Albert Alschuler
Articles
No abstract provided.
The President And Immigration Law, Adam B. Cox, Cristina M. Rodriguez
The President And Immigration Law, Adam B. Cox, Cristina M. Rodriguez
Articles
The plenary power doctrine sharply limits the judiciary's power to police immigration regulation - a fact that has preoccupied immigration law scholars for decades. But scholars' persistent focus on the distribution of power between the courts and the political branches has obscured a second important separation-of-powers question: how is immigration authority distributed between the political branches themselves? The Court's jurisprudence has shed little light on this question. In this Article, we explore how the allocation of regulatory power between the President and Congress has evolved as a matter of political and constitutional practice. A long-overlooked history hints that the Executive …
The United States, Israel & Unlawful Combatants, Curtis A. Bradley
The United States, Israel & Unlawful Combatants, Curtis A. Bradley
Articles
The Essay considers how members of a terrorist organization should be categorized under international law when the organization is engaged in an armed conflict with a nation. In particular, the essay discusses whether these members can properly be categorized as a type of “combatant” or whether they must instead always be categorized as “civilians.” The proper categorization can have significant implications for the nation’s authority under international law (and potentially also domestic law) to subject members of a terrorist organization to military targeting and detention. The United States and Israel currently have different legal approaches to the question, and the …
A New Proposal For Loan Modifications, Christopher Mayer, Edward Morrison, Tomasz Piskorski
A New Proposal For Loan Modifications, Christopher Mayer, Edward Morrison, Tomasz Piskorski
Articles
No abstract provided.
Climate Change And Discounting The Future: A Guide For The Perplexed, David A. Weisbach, Cass R. Sunstein
Climate Change And Discounting The Future: A Guide For The Perplexed, David A. Weisbach, Cass R. Sunstein
Articles
No abstract provided.
Wonder Of It All, Gerald Rosenberg
Romancing The Court, Gerald Rosenberg
Odds And Ends: An Epstein-Inspired Look At Luck, Lee Anne Fennell
Odds And Ends: An Epstein-Inspired Look At Luck, Lee Anne Fennell
Articles
No abstract provided.
Lessons From The Common Law Of Reasonable Expectations, Richard A. Epstein
Lessons From The Common Law Of Reasonable Expectations, Richard A. Epstein
Articles
No abstract provided.
Two Ways To Think About The Punishment Of Corporations, Albert W. Alschuler
Two Ways To Think About The Punishment Of Corporations, Albert W. Alschuler
Articles
No abstract provided.
The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner
The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner
Articles
Why do migrants enjoy some of the rights associated with citizenship? Existing accounts typically answer this question in terms of obligation-of a duty on the part of states to confer citizenship. Moreover, scholars tend to lump together the rights conventionally associated with citizenship when they answer this question. In contrast, this Article disaggregates the rights associated with citizenship, asks what both states and migrants want, and inquires into how the suite of rights associated with citizenship might advance those interests. States want to encourage migrants to enter their territory and to make country-specific investments, but states also have an interest …
The Race For The Bottom In Corporate Governance, Frank H. Easterbrook
The Race For The Bottom In Corporate Governance, Frank H. Easterbrook
Articles
No abstract provided.
Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, Gerald Rosenberg
Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, Gerald Rosenberg
Articles
No abstract provided.
Toward A New Approach To Disability Law, David A. Weisbach
Toward A New Approach To Disability Law, David A. Weisbach
Articles
This Article argues that a new approach to the laws governing disabilities is needed. Existing approaches, largely based on the "social model" of disabilities are unable to answer basic questions, such as the extent to which resources should be devoted to the disabled. The Article argues that basing disability policy directly on welfarist theories of distributive justice offers a better approach and begins the task of developing what such an approach would look like. Under a welfarist approach, policy toward the disabled depends on how a given disability affects the well-being of an individual. Under reasonable assumptions, redistribution toward individuals …
The Changing Face Of Diversity Jurisdiction, Diane P. Wood
The Changing Face Of Diversity Jurisdiction, Diane P. Wood
Articles
No abstract provided.
The Bush Administration And International Law: Too Much Lawyering And Too Little Diplomacy, Curtis A. Bradley
The Bush Administration And International Law: Too Much Lawyering And Too Little Diplomacy, Curtis A. Bradley
Articles
No abstract provided.
Property Rights, State Of Nature Theory, And Environmental Protection, Richard A. Epstein
Property Rights, State Of Nature Theory, And Environmental Protection, Richard A. Epstein
Articles
No abstract provided.
Two Visions Of Corporate Law, M. Todd Henderson
The Nanny Corporation, M. Todd Henderson
The Nanny Corporation, M. Todd Henderson
Articles
Individuals in common pools-for example, employees in firms and citizens in a jurisdiction- want managers of those pools to act paternalistically toward others because this lowers the costs of participating in the pool. The nanny state and, increasingly, the nanny corporation are simply responding to this demand. These two can be thought of as competing in the "market for nannyism" to deliver nannyism to individuals who demand it. Where nannyism is inevitable, as it is in a world in which others pay, the question then becomes which of the two sources of nanny rules-the state or the firm-is the most …
Richard Epstein And Discrimination Law, Richard H. Mcadams
Richard Epstein And Discrimination Law, Richard H. Mcadams
Articles
No abstract provided.