In the mid-1930s, the future of judicial review was uncertain. Politicians, social activists, and even legal academics denounced the federal judiciary’s hostility toward New Deal legislation as a threat to democratic progress and economicrecovery. In the face of President Roosevelt’s “court-packing plan” and competing proposals to curb judicial power, conservative lawyers sought str
The Supreme Court’s decision in the healthcare case has brought new prominence to Congress’s power to tax and spend for the general welfare under Article I, section 8, clause 1. Legislation under the spending power is often regarded as an artifact of the New Deal period. But the spending power has a longer history dating from the early nineteenth century.
What can law do well? It tries to “intervene” in order to control antisocial behavior, to enforce promises, and to prevent violence. But it is also called on to “intermediate” so that citizens need not confront one another directly and need not even control themselves.
A popular type of consumer transaction is called "No Contract." Businesses lure consumers with the "no contract" assurance - a promise that consumer can walk away anytime, without any commitment. This scheme is increasingly common in cable and phone services, health clubs, security services, and other transactions that used to require minimum duration. What is a “No Contract” contract?
This talk, recorded on May 1, 2012, as part of the Chicago's Best Ideas lecture series, puts in an explicitly Coasian context some of the speaker's prior work on the new reproductive technologies and on analogies in the evolution of the laws governing marriage and business corporations.
Schools teach patriotism all the time, but many people think that this is a bad idea. Patriotic rituals may convey misplaced and hierarchical values; they may coerce conscience; and they may promote a dangerous type of uncritical homogeneity. On the other hand, it seems difficult to motivate sacrifices of self-interest for the common good without patriotic emotion. Prof.
This talk, recorded on May 1, 2012, puts in an explicitly Coasian context some of the speaker's prior work on the new reproductive technologies and on analogies in the evolution of the laws governing marriage and business corporations.
A popular type of consumer transaction is called "No Contract." Businesses lure consumers with the "no contract" assurance - a promise that consumer can walk away anytime, without any commitment. This scheme is increasingly common in cable and phone services, health clubs, security services, and other transactions that used to require minimum duration. What is a “No Contract” contract?
This talk puts in an explicitly Coasian context some of the speaker's prior work on the new reproductive technologies and on analogies in the evolution of the laws governing marriage and business corporations.
What forum should be employed to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the President as to whether the status of terrorism suspects should be determined via Article III criminal process or military commissions have revived debate on this venue question.
