Center for Law & Philosophy

Center for Law & Philosophy

Center for Law & Philosophy

Lady justice

Research

This essay, written for a symposium honoring John Henry Schlegel, is part intellectual history, part philosophical polemic. It first briefly compares... MORE
The theoretical side of the law of evidence has long been dominated, at least since Jeremy Bentham, by debates between the so-called free proof... MORE
This paper, a substantially revised version of a paper previously entitled (and posted as) “A Critical Examination of the Distinction between... MORE
Formalism is one of the most widely applied but misunderstood features of law. Embroiled in a series of conflicts over the course of the twentieth... MORE
One can ask two different questions about a given social, political, or legal practice. First, how, if at all, do the ideas embodied in that practice... MORE
This article examines the complaint that arbitrary algorithmic decisions wrong those whom they affect. It makes three contributions. First, it... MORE
Algorithmic decision making is both increasingly common and increasingly controversial. Critics worry that algorithmic tools are not transparent,... MORE
Although Lon Fuller’s importance and reputation among those who practice general jurisprudence remains contested, it is clear that he remains a major... MORE
Formalism is one of the most widely applied but misunderstood features of law. Embroiled in a series of conflicts over the course of the twentieth... MORE
This Essay explores the conceptual structure of the great debate about “originalism” and “living constitutionalism.” The core of the great debate is... MORE
Public discourse on the Supreme Court often focuses on the divide between the liberal and conservative Justices. There has been a second persistent... MORE
This Essay responds to Professors William Baude and Stephen Sachs’s recent article, Grounding Originalism, in which they offer replies to various... MORE
Clarity doctrines are a pervasive feature of legal practice. But there is a fundamental lack of clarity regarding the meaning of legal clarity itself... MORE
Should the historical origins of some principle or practice affect how we think about it today? Under one standard view, the answer is “no”; to think... MORE
The term “Legal Pragmatism” has been used so often for so long that it may now seem to lack any clear meaning at all. But that conclusion is too... MORE
This chapter presents the view that discrimination is wrong when and because it is demeaning. In order to demean, an action must both express... MORE
This paper sketches an aretaic theory of legislation. Such a theory posits the flourishing of humans and their communities as the end or telos of law... MORE
This chapter resurrects, conceptualizes and defends an old account of why disparate impact discrimination sometimes wrongs its victims. In Local... MORE
Masterpiece Cakeshop v. Colorado Civil Rights Commission presented a conflict between LGBT rights and religious liberty. The Supreme Court avoided... MORE
Within contemporary analytic philosophy of law, most of the scholars who understand themselves to be engaged in conceptual analysis of the concept of... MORE
The HLA Hart Memorial Lecture, delivered at Oxford on 9 May 2017, addresses the related questions of conflicts between rights and interests,... MORE
In considering contemporary conflicts between religious freedom and equality law, a mediating principle has proved to be important, namely the rule... MORE
This statement addresses the nature of originalism. Originalism consists of three core ideas: (1) the original meaning of the constitutional text is... MORE
Many theorists treat free speech as a special right. Other theorists argue that, in order for free speech to be important, it must be a special right... MORE
The objective of the legality principle is to promote autonomy by providing individuals with opportunities to plan courses of conduct free from... MORE
In numerous cases, courts have declined to apply the United Nations Convention on Contracts for the International Sale of Goods in litigation where... MORE
Entrenchment is fundamental to law. Grand documents like the U.S. Constitution, and mundane ones like city and corporate charters, entrench... MORE
This Essay contributes to the development of an originalist methodology by making the case for an approach that employs three distinct methods, each... MORE
In a unanimous opinion in McDonnell v. United States, the Supreme Court invalidated the conviction of the former Governor of Virginia on charges of... MORE
Adam Smith is not normally identified as an important figure in law and economics. However, his Lectures on Jurisprudence contain a surprising... MORE
Traditional legal perspectives on analogical reasoning in law posit that legal reasoning involves the initial step of recognizing a similarity... MORE
In ordinary life, people who assess other people’s judgments typically take into account the other judgments of those they are assessing in order... MORE
Jerome Frank and Lon Fuller are not frequently classed together in discussions of twentieth-century legal thought. Although they both wrote... MORE
This paper is a response to commentary on The Force of Law offered at a symposium at the University of Chicago Law School and published in Law and... MORE
Theories of legal interpretation have taken a “positive turn” in recent years. Some scholars have argued that disputes over how to interpret... MORE
In this symposium essay, I examine the Court’s unwillingness to take seriously the issue of coercion as it applies to plea-bargaining practice. It... MORE
For more than a century, the commercial law of intellectual property has generated intense controversy with ever-growing stakes. The central... MORE
This short essay is my contribution to a conference on “opportunities for law’s intellectual history,” which took place at SUNY Buffalo Law School... MORE
Assessing the fairness of settlements is an inherently difficult task. Because settlements foreclose the judicial determination of litigants’... MORE
The liberty of citizens in a democracy has two components – the negative liberty to be let alone and the positive liberty of self-government. Both... MORE
The possibility of any meaningful relationship between the legal realists and natural law looks at first rather far-fetched. When it first appeared... MORE
Describing the justices of the Supreme Court as ‘liberals’ and ‘conservatives’ has become so standard — and the left-right division on the Court is... MORE
A philosophical battle is being waged for the soul of Equal Protection jurisprudence. One side sees discrimination as a comparative wrong occurring... MORE
Although the question of whether constitutional rights matter is of great theoretical and practical importance, little is known about whether... MORE
Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process.... MORE
This article takes the critique sovereign authority over nonconsenting individuals from political theory and uses it to devise a legal theory that... MORE
Obergefell v. Hodges held same-sex couples have a right to legal marriage. As the dissenters emphasized, this right to marriage law is anomalous,... MORE
Plea bargaining in the United States is in critical respects unregulated, and a key reason is the marginal role to which judges have been relegated... MORE
Brian Leiter’s Why Tolerate Religion? valuably clarifies the issues involved in granting religion-specific accommodations (and thus exceptions or... MORE
For an academic, there is no greater reward than having one's scholarship taken seriously. The five distinguished scholars who have contributed to... MORE
This paper presents the results of a quantitative analysis of writing style for the entire corpus of U.S. Supreme Court decisions. The basis for this... MORE
Most of the philosophical literature on vagueness starts with the identification of the term whose vagueness is at issue -- tall, short, night, day... MORE
Virtue jurisprudence is an approach to legal theory that develops the implications of virtue ethics and virtue politics for the law. Recent work on... MORE
Recently some philosophers have argued, under the name of “metaphysical quietism,” that philosophers should give up asking metaphysical questions... MORE
Much of the modern debate over federal common law starts from the premise that when courts articulate rules of decision as a matter of unwritten law... MORE
Legal and prescriptive theories of blame generally propose that judgments about an actor’s mental state (e.g., her knowledge or intent) should remain... MORE
A long-standing consensus exists that the arbitrary or excessive expropriation of private property by a country hurts its economic growth.... MORE
A constitution is a set of fundamental principles, norms, and laws that govern a political or other organization. The term can refer either to a body... MORE
The philosopher John Searle famously observed that there is “no remark without remarkableness,” by which he meant that even simple assertions... MORE
This article, written for a symposium on Bond v. United States, connects the law and economics of contract interpretation to the Supreme Court’s... MORE
Matthew Tokson’s recent article, Judicial Resistance and Legal Change, explores the possibility that the very judges charged with implementing new... MORE
This essay, the written version of the Nathanson Lecture at the University of San Diego, asks how much of legal language is ordinary language, and... MORE
The distinction between speech and action lies at the foundation of any individualistic, self-expressive, or autonomy-based account of freedom of... MORE
People are often ignorant about the legal rules that govern the most common transactions in their lives. This article analyzes one common regulatory... MORE
In recent years, many litigants have found the First Amendment to be a useful tool. One could mention pornography actors, tattoo artists, death row... MORE
We identify a number of serious mechanical flaws in the statutes and judicial doctrines that organize fee liability for mutual fund managers.... MORE
In Graham v. John Deere, the Supreme Court explained that patent law’s nonobviousness doctrine is meant to restrict the award of patents only to “... MORE
Authoritarian regimes can make surprising constitutional choices. Many adopt sham constitutions packed with rights guarantees that they do not uphold... MORE
Constitutions are commonly thought to express nations’ highest values. They are near-universally proclaimed in the name of “We the People” and... MORE
In recent decades, there has been a wide-ranging global movement towards constitutional review. This development poses important puzzles of political... MORE
This essay challenges the three related claims embedded within Professor Ackerman’s assertion that the distinctive wisdom of Chief Justice Warren’s... MORE
This review essay for the Yale Law Journal of Robert Post’s Citizens Divided: Campaign Finance Reform and the Constitution contrasts Post’s hopeful... MORE
This Essay investigates the concept of artificial meaning, meanings produced by entities other than individual natural persons. That investigation... MORE
This paper develops three observations triggered by Whitman's account of penal modernism; all relate to criminal law in the context of American... MORE
Decisions about intervention can be understood as decisions about tolerance, because an act of tolerance is an act of nonintervention, and,... MORE
The need for greater efficiency in legal process is an undisputed premise of modern policy, and efficiency’s virtues hardly merit debate, notably... MORE
It is axiomatic that whether speech is protected turns on whether it poses a serious risk of harm — in Holmes’s formulation, a “clear and present... MORE
Judicial independence is a cornerstone of American constitutionalism. It empowers judges to check the other branches of government and resolve... MORE
This paper, prepared for the University of Frankfurt Symposium on Defeasibility in Epistemology, Ethics, law and Logic, addresses the claim of H.L.A... MORE
This chapter presents a normative justification of stare decisis, that is, of a court's presumptive deference to its own prior decisions. Critics... MORE
Legal philosophers divide over whether it is possible to analyze legal concepts without engaging in normative argument. The influential analysis of... MORE
In recent years, and especially in reaction to actual and perceived security threats, there has been a growing interest in so-called preventive... MORE
There are at least two competing ways of understanding when laws or other actions by governments wrongfully discriminate. On one view, the wrong... MORE
The concept of discrimination does many different kinds of work in the law, across the entire range of abstraction, from specific prohibitions to... MORE
The thesis of this essay is that the most important legal effects of the Supreme Court's decision in NFIB v. Sebelius are likely to be indirect.... MORE
Is a houseboat a house or a boat? This was the central question in the Supreme Court’s admiralty decision in Lozman v. city of Riviera Beach. But... MORE
This Essay investigates a familiar set of questions about the relationship between legal texts (e.g., constitutions, statutes, opinions, orders, and... MORE
The jurisprudential dimensions of treating custom as law have been puzzling at least since the time of Bentham and Austin. If law emanates from the... MORE
It is often thought that the judicial recognition of customary international law depends on jurisprudential assumptions about the nature of legal... MORE
What makes hard cases hard, and what makes easy cases easy? A common response to H.L.A. Hart’s (mis)reading of Legal Realist is that the Realists... MORE
A resurgence of interest in virtue ethics has spawned its counterpart in legal theory. But in both legal theory and in moral theory, virtue ethics’... MORE
It is often said that constitutions are mere parchment barriers that cannot by themselves limit the power of the state or guarantee respect for... MORE
The set of teaching materials known as The Legal Process continue to exert tremendous influence over mainstream public-law scholarship. Developed... MORE
This paper, prepared for a conference on jurisprudential methodology in Girona, Spain, starts with the observation that much of contemporary... MORE
This is the opening essay in a forthcoming collection on the social and political foundations of constitutions. The collection includes both... MORE
Judges claim to resolve ambiguities in initiatives by identifying and giving force to “voter intent,” but scholars reject that on the ground that... MORE
In their article, Inside or Outside the System?, Professors Eric Posner and Adrian Vermeule take various legal scholars to task for committing what... MORE
As recent questions about the legality of several American military activities make clear, most disputes about the legality of high-level official... MORE
This essay argues that there is not one constitutionally recognized right to counsel, but two. There is a right to legal counsel and a right to... MORE
On December 17 2010, a young Tunisian street vendor protesting an abusive police official set off a wave of democratic uprisings throughout the Arab... MORE
This article is about the nature and scope of legal argument. It considers the question of whether a court, when determining the precedential... MORE
An important objection to political liberalism is that it provides no means by which to decide conflicts between public and non-public reasons. This... MORE
What is it for something to have a nature? And what is it for law to have a nature? Analysis of the concept of law has often been taken to be a... MORE
Non-state actors, including terrorist groups, regularly launch attacks against states, often from external bases. When a victim state seeks to... MORE
Is breaking the law a politically risky act for politicians and other public officials? The question is especially important in the context of... MORE
Two reform movements transformed American criminal law in the four decades that began in the late 1960s. Their origins and effects were starkly... MORE
This article on precedent, prepared as an entry for the forthcoming Routledge Companion to the Philosophy of Law (Andrei Marmor, ed.), examines the... MORE
This article examines recent trends in judicial interpretation of mens rea requirements in federal crimes. Strict liability as to some elements of... MORE
In seeking to develop a more coherent theory of the First Amendment’s Expression Clauses, the Supreme Court has largely overlooked an important... MORE
Current proposals, debates, and laws regarding prohibitions on Holocaust denial can be understand as a hate-speech focused instance of the pervasive... MORE
In his article, Retributive Justice and the Demands of Democratic Citizenship, Dan Markel explores the overlaps between democratic and retributive... MORE
This essay is a contribution to a book that asks the question whether life without parole (LWOP) is the new death penalty. The essay claims that... MORE
Conventional wisdom, embraced by judges and scholars alike, holds that mandatory disclosure chills political speech. That must be right for some... MORE
Robert Alexy has for many years been a prominent analyst of the role of principles in legal argumentation, and an equally prominent defender of the... MORE
A growing literature on procedural fairness suggests that there is practical value in enhancing a criminal justice system's "legitimacy" with the... MORE
In most modern legal systems, legal rules are widely understood as defeasible, in the sense that the prescriptions of the legal rule may legitimately... MORE
The nature of legal reasoning, and its relationship with reasoning, has long been a topic of importance for lawyers and legal scholars. But it is... MORE
Experts often seek to apply social science to the facts of a particular case. Sometimes experts link social science findings to cases using only... MORE
This essay responds to comments on our earlier paper discussing the American Sociological Association’s amicus brief in the Wal-Mart v. Dukes case.... MORE
We study whether changes to standards of review affect district court sentencing decisions under the United States Sentencing Guidelines.... MORE
An important objection to the idea of public reason is that it permits and perhaps encourages citizens and public officials to give insincere... MORE
This paper develops a “consensus voting” model for estimating preferences of judges on federal circuit courts. Rather than assuming sincere voting... MORE
In a rarely-discussed passage in the Principles of the Penal Code, Jeremy Bentham discussed a category of offenses he labeled presumed, or... MORE
A central point of contention in the national debate over same-sex marriage is the importance of preserving tradition. That debate also features... MORE
From 1938 to 1940 Karl Llewellyn worked on and substantially completed a book-length manuscript entitled The Theory of Rules. With the book almost... MORE
An important question in free speech theory and in Millian scholarship is the relationship between Chapters One and Two of Mill’s On Liberty. This... MORE
Almost no one in the legal academy has written more (or better) about guilty pleas and plea bargains than Stephanos Bibas. In a forthcoming article... MORE
Many contemporary practitioners of analytic jurisprudence take their understanding of legal positivism largely from Hart, and the debates about legal... MORE
Lawyers and philosophers have misunderstood the rights of bequest and inheritance within Locke’s theory of property. While lawyers assume these are... MORE
Empirical studies have examined the effects of law and politics on judicial decision-making, but many legal scholars are dissatisfied with how... MORE
For several decades now a debate has raged about policy-making by litigation. Spurred by the way in which tobacco, environmental, and other... MORE
May state courts entertain federal criminal prosecutions? Many scholars assume that the answer is "yes." From the Progressive era to the present,... MORE
In a rarely-discussed passage in the Principles of the Penal Code, Jeremy Bentham discussed a category of offenses he labeled presumed, or... MORE
From 1938 to 1940 Karl Llewellyn worked on and substantially completed a book-length manuscript entitled The Theory of Rules. With the book almost... MORE
Psychologists have recently begun to study the psychological dimensions of judging, but to date almost all of the research has been on lay... MORE
Criminal law has long included far too many crimes of questionable merit — crimes of negligible wrongfulness, crimes that cause negligible harm,... MORE
In modern jurisprudence it is taken as axiomatic that John Austin’s sanction-based account of law and legal obligation demolished in H.L.A. Hart’s... MORE
Debates about the obligation to obey the law have been around for literally thousands of years, but the empirical side has received much less... MORE
Political scientists have shown that one can anticipate how a judge will decide a case more often than chance, or a reading of the facts, might allow... MORE
This paper responds to a provocative essay by Curtis Bradley and Mitu Gulati on exiting from customary international law. Bradley and Gulati argue... MORE
Charging discretion is no monolith. Instead, prosecutors consider three sets of reasons to decline or pursue charges: legal reasons, administrative... MORE
A pervasive problem in public discourse is the seemingly increasing prevalence in public debate of demonstrably false factual propositions, such as... MORE
This paper reviews Direct Democracy and the Courts by Ken Miller.   Voters in many states use ballot propositions to enact laws on everything... MORE
The interpretation-construction distinction, which marks the difference between linguistic meaning and legal effect, is much discussed these days. I... MORE
Psychologists have recently begun to study the psychological dimensions of judging, but to date almost all of the research has been on lay... MORE
Citizens in many states use direct democracy to make laws on everything from soda bottles and horsemeat to affirmative action and same-sex marriage... MORE
This essay examines the relationship between constitutional narratives, causation, and normativity in the context of Barry Friedman’s book, The Will... MORE
In modern jurisprudence it is taken as axiomatic that John Austin's sanction-based account of law and legal obligation was demolished in H.L.A. Hart'... MORE
Jerome Frank occupies an odd place in the intellectual history of American law. He and Karl Llewellyn were long considered the two thought-leaders... MORE
In Constructing Commons in the Cultural Environment, Michael J. Madison, Brett M. Frischmann, and Katherine J. Strandburg offer an innovative and... MORE
Debates about the obligation to obey the law have been around for literally thousands of years, but the empirical side has received much less... MORE
Few Supreme Court decisions have been as completely unsurprising as Pearson v. Callahan. Pearson overruled Saucier v. Katz, which required courts to... MORE
Scholars have for decades sought to measure judicial ideology and its impact on judicial behavior. However, they have not always taken care to... MORE
On June 26, 2008, the United States Supreme Court handed down its 5-4 decision in District of Columbia v. Heller, striking a District of Columbia... MORE
This article recaptures a now-anachronistic approach to standing law that the Supreme Court followed in the middle decades of the 20th Century and... MORE
This article is based on a chapter written for The Rule of Law Handbook: A Practitioner's Guide, a handbook used as a text at The Judge Advocate... MORE
Cognitive scientists and others who do research on analogical reasoning often claim that the use of precedent in law is an application of reasoning... MORE
In this paper, we analyze how stand-up comedians protect their jokes using a system of social norms. Intellectual property law has never protected... MORE
Although there is a rich jurisprudential literature dealing with the concept of authority in law, the lessons from this jurisprudential tradition... MORE
The 1958 debate in the pages of the Harvard Law Review between Lon Fuller and H.L.A. Hart is one of the landmarks of modern jurisprudence. And... MORE
This paper considers Justice Breyer's dissent in District of Columbia v. Heller - in which the Court established an individual right to bear arms -... MORE
In Dukes v. Wal-Mart, the Ninth Circuit upheld the certification of the largest employment discrimination class in history, with more than 1.5... MORE
The idea that judges have a duty to be sincere or candid in their legal opinions has been subject to systematic criticism in recent years. Critics... MORE
The Rawlsian texts appear not to be consistent with regard to the status of the right of freedom of association. Interestingly, Rawls's early work... MORE
Perceptions of proximity matter to people. When something that harms them was nearly avoided, or when they narrowly escape being harmed by something... MORE
Ex parte Young does not represent an exception to ordinary principles of sovereign immunity, it does not employ a legal fiction, it does not imply a... MORE
Government aid to religious schools can be governed by either of two principles: no aid to religion, or no discrimination among schools. No aid... MORE
Legal scholars exhaustively debate the substantive wisdom of Supreme Court decisions and the appropriate methods for interpreting legal texts, but... MORE
What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from... MORE
The European Court of Justice (ECJ) has come under increasing criticism for overstepping its institutional authority in tax cases by invalidating... MORE
This article is a response to Frederick Schauer, On the Supposed Jury-Dependence of Evidence Law, 155 U. Pa. L. Rev. 165 (2006). In bench trial... MORE
It is commonly thought that the United States is a highly legalistic nation, and as a result it is commonly thought as well that official... MORE
This paper traces the Supreme Court’s response to key tenets of environmentalism in decisions over the last four decades. It concludes that the Court... MORE
This essay advances a formalist conception of constitutional stare decisis. I shall argue that instrumentalist accounts of precedent are inherently... MORE
This Essay deveopes an ideal of public legal reason - a normative theory of legal reasons that is appropriate for a society characterized by... MORE
What role does and should religion play in the legal sphere of a modern liberal democracy? Does religion threaten to create divisions that would... MORE
Justice is a natural virtue. Well-functioning humans are just, as are well-ordered human societies. Roughly, this means that in a well-ordered... MORE
This review essay assesses Cass Sunstein's new book "Radicals in Robes." After summarizing the book, this review essay considers the merits of... MORE
It is commonly argued that one virtue of common-law rule-making (or law-making) is that the common law judge is enriched in being able to make legal... MORE
Recent scholarship has argued that post-institutional theories of distributive justice, specifically Rawlsianism, are compatible with a principled... MORE
Option theory is beginning to generate robust insights in the legal literature, and it is particularly well-suited to contract law. This Article... MORE
Despite generating thousands of cases on important public issues, the single subject rule remains a source of uncertainty and inconsistency. The root... MORE
As long as some courts review the work of others, there will be situations where governing precedent shifts during the interim. Although such... MORE
In an article for a symposium issue of the Cincinnati Law Review on the thirtieth anniversary of the Tarasoff decision, finding therapists... MORE
In discussions of statutory interpretation, people often suggest that textualists and intentionalists have fundamentally different goals:... MORE
In Evaluation and Legal Theory, Julie Dickson argues, against me and against Hart, that the beneficial moral consequences attaching to accepting one... MORE
This paper assesses the impact of judicial independence on equity markets. North and Weingast (1989) argue that judicial independence and other... MORE
Since Watergate, legal scholars have been prominent participants in a larger debate about the President's constitutional relationship to prosecutions... MORE
The conventional view of Rawlsian political philosophy is that the private law lies outside the scope of the two principles of justice - it is not... MORE
This essay considers the concept of libertarian paternalism recently advanced by Sunstein and Thaler and argues that, on close inspection, this... MORE
The present sentencing debate focuses on which decisionmaker is best suited to make the sentencing decision. Competing positions in this debate... MORE
How ought we to select judges? One possibility is that each of us should campaign for the selection of judges who will transform our own values and... MORE
In Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, Lawrence Lessig warns that the health of the... MORE
Although the modern Supreme Court claims historical support for refusing to let private parties who have suffered no concrete private injury ask... MORE
This paper considers how the scientific status of empirical legal scholarship might be enhanced. The leading proposal for making empirical legal... MORE
This article critically examines the use of single-observation case studies to develop causal explanations for significant legal events, detailing... MORE
Larry Kramer has written an awesome book, and we mean awesome in its original and now archaic sense. The People Themselves is a book with the... MORE
The Aretaic Turn in Constitutional Theory argues that an institutional approach to theories of constitutional interpretation ought to be supplemented... MORE
"Textualism" is a very general and abstract term that represents a variety of views about the interpretation of legal texts. One strand of textualism... MORE
This essay addresses the fundamental questions of Internet governance: whether and how the architecture of the Internet should affect the shape and... MORE
Although the language of the First Amendment refers to freedom of speech, it turns out that most of the vast universe of speech remains untouched (... MORE
In the Michigan affirmative action cases, the Supreme Court not only reaffirmed the result of the 1978 decision in Board of Regents of the University... MORE
In drawing on the theory of repeated games, norms scholars have devoted much attention to the so-called third-party enforcement problem: the... MORE
In the Myth of Ownership: Taxes and Justice (Oxford 2002), Liam Murphy and Thomas Nagel discuss the relationship between tax policy and contemporary... MORE
The nondelegation doctrine has roots that extend as far back as three centuries, or so most of us suppose. In The Second Treatise of Government, John... MORE
This year marks the 200th anniversary of Marbury v. Madison, the case which is often taught in law schools as establishing judicial review. Despite... MORE
This paper is a discussion of the Supreme Court's decision in Eldred v. Ashcroft. In the paper, I argue that the ambiguity at issue in Eldred has... MORE
This essay discusses Eric Posner's book Law and Social Norms, focusing on Posner's theory of norm adherence as a costly signal of an individual's... MORE
Support for land preservation is in large part rooted in the conviction that present generations have an obligation to benefit future generations by... MORE
Recent finance scholarship finds that countries with legal systems based on the common law provide better investor protections and have more... MORE
In PGA Tour, Inc. v. Casey Martin, the Supreme Court of the United States upheld the right of the professional golfer Casey Martin to use a golf cart... MORE
The theory of the political safeguards of federalism has made a recent comeback, appearing in Supreme Court dissents by Justices Breyer and Souter... MORE
Technological changes have made access to non-legal information such as newspaper reports and general interest books far less costly. As expected,... MORE
Technological changes have made access to non-legal information such as newspaper reports and general interest books far less costly. As expected,... MORE
This Article argues that contemporary separation of powers commentary is misconceived. Despite the disagreement that dominates the commentary, a... MORE
This essay concerns the peculiar dilemmas of criminalization for women. I explain the ways in which women are policed, ranging from the monitoring of... MORE
This paper analyzes the voting rules of Chapter 11 using models from noncooperative game theory. Prior work has relied mainly on a model of... MORE
Recent and otherwise unrelated Supreme Court opinions take a peculiar approach to defining constitutional norms. According to these opinions,... MORE
Conventional wisdom holds that there is a connection between (a) the jurisprudential commitment to legal positivism expressed in Erie R.R. v.... MORE
The purpose of this Note is to question whether racial matching by courts and child-placement agencies serves the best interests of Black children.... MORE
The debate between originalists and nonoriginalists has begun to suffer a fate similar to these earlier debates in constitutional theory and practice... MORE
Behavioral law and economics scholars who advance paternalistic policy proposals typically employ static models of decision-making behavior, despite... MORE
"Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of... MORE
This is a review of Abner Greene's Against Obligation: The Multiple Sources of Authority in a Liberal Democracy (2012). I begin by summarizing Greene... MORE