Now showing items 1171-1190 of 1910

    • The Obama Phenomenon: How Past and Present Resonate 

      Mack, Kenneth W. (Journal of Blacks in Higher Education, 2004)
    • Obamacare and the Theory of the Firm 

      Elhauge, Einer Richard (University of Chicago Press, 2015)
      Health care fragmentation today raises costs and worsens health outcomes. The theory of the firm indicates that cost and quality problems could be addressed by permitting greater vertical integration among complementary ...
    • An Ode to St. Peter: Professor Peter M. Cicchino 

      Ogletree, Charles J. (2001)
    • Of Arsenic and Old Laws: Looking Anew at Criminal Justice in Late Imperial China 

      Alford, William P. (California Law Review Inc., 1984)
    • Of Artificial Intelligence and Legal Reasoning 

      Sunstein, Cass Robert (2014-09-08)
      Can computers, or artificial intelligence, reason by analogy? This essay urges that they cannot, because they are unable to engage in the crucial task of identifying the normative principle that links or separates cases. ...
    • Of Gentlemen and Role Models 

      Guinier, C. Lani (1990)
    • Of Montreal and Kyoto: A Tale of Two Protocols 

      Sunstein, Cass Robert (Harvard University, Harvard Law School, 2007)
      Over the last thirty years, climate change and depletion of the ozone layer have been widely believed to be the world's largest environmental problems. The two problems have many similarities. Both involve global risks ...
    • Of Snakes and Butterflies: A Reply 

      Sunstein, Cass Robert (Columbia Law Review Association, Inc., 2006)
      This brief essay, a reply to a forthcoming essay "Radicals in Robes" by Saikrishna Prakash in the Columbia Law Review, makes two points. The first is that the abstract idea of interpretation cannot support originalism or ...
    • Of State Remedies and Federal Rights 

      Koenig, Thomas; Moore, Christopher D. (Elsevier BV, 2023)
      The Supreme Court has repudiated Bivens on the grounds that it arrogated legislative power to the federal judiciary. As the Court steps back, Congress is free to undo what remains of Bivens or strengthen it. So can the ...
    • Off at College 

      Glendon, Mary Ann Ann (2005)
    • The Ohio State University Dispute Resolution in Special Education Symposium Panel 

      Archerd, Erin; Canty-Barnes, Esther; Colker, Ruth; Dinerstein, Robert; Gregory, Michael John; Skidmore, Cathy; Weber, Mark Alan; Rivkin, Dean (2014)
    • Old Statutes, New Problems 

      Freeman, Jody; Spence, David B. (University of Pennsylvania, 2014)
      Congress is more ideologically polarized than at any time in the modern regulatory era, which makes legislation ever harder to pass. As a result, Congress is increasingly absent from the policymaking process, and fails to ...
    • On a Differential Law of War 

      Blum, Gabriella (Harvard University, Harvard Law School, 2011)
      Should the United States, as the strongest military power in the world, be bound by stricter humanitarian constraints than its weaker adversaries? Would holding the U.S. to higher standards than the Taliban, Iraqi insurgents, ...
    • On Academic Fads and Fashions 

      Sunstein, Cass Robert (Michigan Law Review, 2001)
      Like everyone else, academics are susceptible to informational and reputational signals. Sometimes academics lack confidence in their methods and beliefs, and they pay a great deal of attention to the methods and beliefs ...
    • On Avoiding Foundational Questions 

      Sunstein, Cass Robert (Stanford Law School, 2007)
      In both legal practice and legal scholarship, it is sometimes best to proceed without attempting to answer the foundational questions. Originalists can inquire into the original public meaning of the Equal Protection Clause ...
    • On Being a Religious Professional: The Religious Turn in Professional Ethics 

      Minow, Martha Louise (University of Pennsylvania, 2001)
    • On Competence, Legitimacy, and Proportionality 

      Gertner, Nancy (University of Pennsylvania, 2012)
    • On Judgment 

      Fried, Charles (Lewis & Clark Law School, 2011)
      The Supreme Court’s constitutional decisions have been a mixed blessing. Some of the Court’s most celebrated decisions have, in the long run, done more harm than good. Mapp v. Ohio, while it might have done a certain amount ...
    • On Learning From Others 

      Posner, Eric A.; Sunstein, Cass Robert (Stanford Law School, 2007)
      Some people think that the practices of many courts in many countries, or in many relevant countries, offer helpful guidance to courts in other countries, when those courts are approaching hard or novel questions. In their ...