In a naïve model of judging, Congress writes statutes, which courts know about and then slavishly apply. But a Chicago lawyer might doubt this model, believing judges are maximizing something other than compliance with the law.
As part of the anti-abortion movement's legislative campaign, seven states have passed bans on sex-selective abortion and many more are pending, including in Congress. Advocates of the bans argue that they are needed to prevent widespread elimination of female fetuses by Asians in the United States.
The laws of intestacy are the same for men and women even though preferences for how one's estate should be divided differ by gender. Peanut-allergic octogenarian men and gluten-allergic pregnant women see the same warnings on consumer products even though they are interested in seeing information that is much better tailored to them.
Legal discussions of negligence focus on issues of harm, fault, and remedy in the context of failure to exercise reasonable care. The point of orientation is the negligent event. In this talk I want to investigate a related moral duty, the duty of due care.
Libertarians often assert that regulation is unnecessary because the market will meet any existing consumer demand. The issue of smoking in bars is a paradigmatic context in which this argument arises. Libertarians argue that bar patrons (and employees) are free to patronize or work in whichever bars they choose.
Over 100 years ago, Chicago led the way in establishing separate courts for young people who committed crimes. These Juvenile Courts, soon in operation in every state, had two interrelated aims: The first was to separate adolescent offenders from adult criminals.
Edward H. Levi Distinguished Service Professor Geoffrey Stone talks about his involvement in the President's Review Group on Intelligence and Communications Technology. Organized by the Office of the Dean of Students and recorded on February 4, 2014.