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A Psychological Account of Consent to...

ABSTRACT: The moral and social norms that bear on contracts of adhesion suggest a deep ambivalence. Contracts are...

A Psychological Account of Consent to Fine Print
posted on: May 5, 2014 | author: Tess Wilkinson-Ryan

Defensible Disenfranchisement

The practice of felon disenfranchisement has a long and controversial history. In the United States, the policy of...

Defensible Disenfranchisement
posted on: May 5, 2014 | author: Mary Sigler

Property’s Ends: The Publicness of Pr...

ABSTRACT: Property theorists commonly suppose that property has as its ends certain private values, such as...

Property’s Ends: The Publicness of Private Law Values
posted on: Mar 1, 2014 | author: Gregory S. Alexander

Code, Nudge, or Notice?

ABSTRACT: Regulators are increasingly turning to means other than law to influence citizen behavior. This Essay...

Code, Nudge, or Notice?
posted on: Feb 21, 2014 | author: Ryan Calo

Dirty Silver Platters: The Enduring C...

ABSTRACT: This Essay addresses a longstanding concern in American criminal justice: that law enforcement agents of...

Dirty Silver Platters: The Enduring Challenge of Intergovernmental Investigative Illegality
posted on: Feb 21, 2014 | author: Wayne A. Logan

Rethinking the Principal-Agent Theory...

ABSTRACT: This Essay offers new insights into understanding the relationship between higher and lower courts and...

Rethinking the Principal-Agent Theory of Judging
posted on: Feb 21, 2014 | author: Jonathan Remy Nash & Rafael I. Pardo

Separation of Powers, Individual Righ...

The Constitution’s application to U.S. governmental action against aliens abroad has differed with respect to...

Separation of Powers, Individual Rights, and the Constitution Abroad
posted on: Feb 11, 2014 | author: Jules Lobel

Death and Taxes and Zombies

ABSTRACT: The United States stands on the precipice of a financial disaster, and Congress has done nothing but...

Death and Taxes and Zombies
posted on: Feb 10, 2014 | author: Adam Chodorow

Joint Tenancies in Iowa Today

This Essay follows the organizational plan of the joint-tenancy monograph published forty-six years ago by Author...

Joint Tenancies in Iowa Today
posted on: Feb 10, 2014 | author: N. William Hines

Self-Defense and the Suspicion Heuris...

ABSTRACT: The doctrine of self-defense evaluates the reasonableness of criminality judgments. Yet, it fails to...

Self-Defense and the Suspicion Heuristic
posted on: Nov 1, 2012 | author: L. Song Richardson & Phillip Atiba Goff

Unradical: “Freedom of the Press” as ...

ABSTRACT: In response to Professor Bezanson’s critique of his earlier article, Freedom of the Press as an Industry,...

Unradical: “Freedom of the Press” as the Freedom of All To Use Mass Communications Technology
posted on: May 1, 2012 | author: Eugene Volokh

Whither Freedom of the Press?

ABSTRACT: In this response to Professor Volokh’s Freedom of the Press as an Industry, or for the Press as a...

Whither Freedom of the Press?
posted on: May 1, 2012 | author: Randall P. Bezanson

The New Direction of American Trust L...

ABSTRACT: There is a central tension in the law of trusts between the rights of the donor and the rights of the...

The New Direction of American Trust Law
posted on: Nov 1, 2011 | author: Thomas P. Gallanis

No Middle Ground? Reflections on the ...

ABSTRACT: The opinion for the Court in Citizens United v. FEC was a “take no prisoners” opinion. Its author, Justice...

No Middle Ground? Reflections on the Citizens United Decision
posted on: Jan 1, 2011 | author: Randall P. Bezanson

Automobile Bankruptcies, Retiree Bene...

ABSTRACT: Both Chrysler and GM used asset sales under section 363 of the Bankruptcy Code as a way to avoid the more...

Automobile Bankruptcies, Retiree Benefits, and the Futility of Springing Priorities in Chapter 11 Reorganizations
posted on: Dec 1, 2010 | author: Daniel Keating