Most of what we think about as "law" involves a background rule that conduct is legal with an exception for what lawmakers define as illegal. But there are several other ways in which law is made. The most obvious is the concept of a "safe harbor," where the background rule is that conduct is illegal with an exception for what lawmakers define as legal.
In 1972-73, Geoffrey Stone served as a law clerk to Justice William J. Brennan, Jr. The 1972 Term was an eventful one for the Supreme Court, resulting in landmark decisions in such areas as obscenity, equal protection, abortion, and criminal procedure.
The recent health care bill represents what is likely to turn out to be the most comprehensive health care reform ever, Medicare included. Yet many of its provisions were included in the last minute without serious discussion or debate. And those provisions that have been in all versions of the bill since the outset are likely to have profound, if unintended consequences.
The University of Chicago Law School is proud to welcome Gary Haugen '91 for the 2010 Ulysses and Marguerite Schwartz Memorial Lecture. The Schwartz Lectureship is held by a distinguished lawyer or teacher whose experience is in the academic field or practice of public service.
International agencies used to measure the quality of life in a nation simply by looking at GDP per capita. Recently that approach has been challenged by an approach that focuses on people's "capabilities": what they are actually able to do and be, their substantial freedoms, in some central areas of life.
Art. V of the Constitution makes the formal process of constitutional amendment extremely difficult - in fact far too difficult according to most constitutional scholars. But does it matter? And if so, what can we do about it?
The 2010 Coase Lecture in Law and Economics was presented by Assistant Professor of Law Jacob Gersen. Entitled "Political Economy of Public Law," the lecture focused on economic analysis of political institutions, mainly separation of powers problems and different strategies for allocating government power in constitutional theory.
The subject of this year's Dewey Lecture is the political morality and wisdom of putting political leaders on trial after we have endured their leadership (and other nations, perhaps, have endured their crimes). Political trials have a long history-and the judgments we make of their judgments are highly contested.
The law has always treated children differently, and these differences in treatment are largely attributed to differences in capacity. Children lack the decision making ability and the self-control of adults, the cases and commentary explains, and therefore should be given less control over their own lives, and blamed less severely for their offenses.