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Social and Behavioral Sciences Commons™
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Articles 1 - 16 of 16
Full-Text Articles in Social and Behavioral Sciences
Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.
Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
The Conservative's Dilemma: Traditional Institutions, Social Change, And Same-Sex Marriage, Amy L. Wax
The Conservative's Dilemma: Traditional Institutions, Social Change, And Same-Sex Marriage, Amy L. Wax
All Faculty Scholarship
No abstract provided.
Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer
Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank
Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Advertising And Intermediaries In Provision Of Legal Services: Bates In Retrospect And Prospect, Geoffrey C. Hazard Jr.
Advertising And Intermediaries In Provision Of Legal Services: Bates In Retrospect And Prospect, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Wealth, Utility, And The Human Dimension, Jonathan Klick, Francesco Parisi
Wealth, Utility, And The Human Dimension, Jonathan Klick, Francesco Parisi
All Faculty Scholarship
Functional law and economics, which draws its influence from the public choice school of economic thought, stands in stark contrast to both the Chicago and Yale schools of law and economics. While the Chicago school emphasizes the inherent efficiency of legal rules, and the Yale school views law as a solution to market failure and distributional inequality, functional law and economics recognizes the possibility for both market and legal failure. That is, while there are economic forces that lead to failures in the market, there are also structural forces that limit the law’s ability to remedy those failures on an …
What Personal Rules Can Teach Us About Basic Institutions, Claire Oakes Finkelstein
What Personal Rules Can Teach Us About Basic Institutions, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Managing Gerrymandering, Mitchell N. Berman
Managing Gerrymandering, Mitchell N. Berman
All Faculty Scholarship
Last spring, in Vieth v. Jubelirer, the Supreme Court addressed a claim of unconstitutional partisan gerrymandering for the first time since having held such claims justiciable, 18 years earlier, in Davis v. Bandemer. Vieth was a fractured decision. All nine Justices agreed that partisan gerrymandering is of constitutional moment, a substantial majority declaring that excessive partisanship is unconstitutional. The Justices also united in rejecting the particular gerrymandering test advanced in Bandemer. There agreement ended. Four Justices proposed three tests to replace the unmeetable Bandemer standard. A four-member plurality would have overruled Bandemer more completely by holding that partisan gerrymandering claims …
A National Issue: Segregation In The District Of Columbia And The Civil Rights Movement At Mid-Century, Wendell E. Pritchett
A National Issue: Segregation In The District Of Columbia And The Civil Rights Movement At Mid-Century, Wendell E. Pritchett
All Faculty Scholarship
No abstract provided.
The Protestant Revolutions And Western Law, William Ewald
The Protestant Revolutions And Western Law, William Ewald
All Faculty Scholarship
No abstract provided.
Law, Ethics And Mystery, Geoffrey C. Hazard Jr.
Law, Ethics And Mystery, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.
"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton
Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton
All Faculty Scholarship
No abstract provided.
Black Club Women And Child Welfare: Lessons For Modern Reform, Dorothy E. Roberts
Black Club Women And Child Welfare: Lessons For Modern Reform, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
All Faculty Scholarship
The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as closely as possible. …