Lectures

Axel Honneth, “Three, Not Two, Concepts of Liberty”

Even for those among us who are not altogether convinced by Isaiah Berlin's famous essay "Two Concepts of Liberty," it has by now become commonplace to adopt a distinction between "negative" and "positive" liberties that largely coincides with the one he offered.

Participating faculty: 
Martha Nussbaum
Participating faculty: 
Michael H. Schill

Axel Honneth, “Three, Not Two, Concepts of Liberty”

Even for those among us who are not altogether convinced by Isaiah Berlin's famous essay "Two Concepts of Liberty," it has by now become commonplace to adopt a distinction between "negative" and "positive" liberties that largely coincides with the one he offered.

William H. J. Hubbard, “Newtonian Law and Economics, Quantum Law and Economics, and the Search for a Theory of Relativity”

At this law school, “law and economics” is a mantra. But what is the “economics” in “law and economics”? There is a tendency to see research on cognitive biases and bounded rationality (“behavioral economics”) as challenging or even overturning an approach using models of rational behavior (“neo-classical economics”).

Participating faculty: 
William H. J. Hubbard

William H. J. Hubbard, “Newtonian Law and Economics, Quantum Law and Economics, and the Search for a Theory of Relativity”

There is a tendency to see research on cognitive biases and bounded rationality (“behavioral economics”) as challenging or even overturning an approach using models of rational behavior (“neo-classical economics”).

Aziz Huq, “Hobby Lobby and the Psychology of Corporate Rights”

After the Hobby Lobby and Citizens United decisions, a robust public debate has emerged over corporate constitutional rights. Prof. Huq discusses ongoing empirical research about how the Hobby Lobby case has influenced public perceptions not just of those rights, but also of the Court itself.

Participating faculty: 
Aziz Huq

Aziz Huq, “Hobby Lobby and the Psychology of Corporate Rights”

After the Hobby Lobby and Citizens United decisions, a robust public debate has emerged over corporate constitutional rights. Prof. Huq discusses ongoing empirical research about how the Hobby Lobby case has influenced public perceptions not just of those rights, but also of the Court itself.

Richard A. Epstein, “Reasonable and Unreasonable Expectations in Property Law and Beyond”

The notion of reasonable expectations filters in and out of many given areas of law. It is often derided as circular claim in which reasonable expectations are shaped by the law that they are supposed to shape. On the other hand, it is often treated, most notably under the Supreme Court’s now pivotal decision in Penn Central Transportation Co v.

Participating faculty: 
Richard A. Epstein

Richard A. Epstein, “Reasonable and Unreasonable Expectations in Property Law and Beyond”

Reasonable expectations can never be banned from the law, but they must be domesticated, where their primary role is to facilitate cooperation between people who otherwise are unable to coordinate their social behaviors.

Alison Siegler, “The Courts of Appeals’ Latest Sentencing Rebellion”

For over twenty-five years, federal courts of appeals have rebelled against every Supreme Court mandate that weakens the federal sentencing Guidelines. That rebellion has intensified since the Court dealt a blow to the Guidelines a decade ago by making them advisory, rather than mandatory.

Participating faculty: 
Alison Siegler

Alison Siegler, “The Courts of Appeals’ Latest Sentencing Rebellion”

For over twenty-five years, federal courts of appeals have rebelled against every Supreme Court mandate that weakens the federal sentencing Guidelines.