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Oxford University Press по журналам "Journal of Legal Analysis"

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  • Merrill Thomas W. (Oxford University Press, 2009)
    Although first possession is generally assumed to be the dominant means of establishing original ownership of property, there is a second but less studied principle for initiating ownership, called accession, which awards ...
  • Farnsworth Ward; Guzior Dustin F.; Malani Anup (Oxford University Press, 2010)
    Most scholarship on statutory interpretation discusses what courts should do with ambiguous statutes. This paper investigates the crucial and analytically prior question of what ambiguity in law is. Does a claim that a ...
  • Friedman Ezra; Kontorovich Eugene (Oxford University Press, 2011)
    In this paper we discuss the disparate treatment of perceptual (“fact”) witnesses and expert witnesses in the legal system. We highlight the distinction between the perceptual act of witnessing and the act of testifying, ...
  • Ramseyer J. Mark; Shavell Steven; Jackson Rhodri (Oxford University Press, 2011-12-01)
  • Choi Stephen J.; Gulati G. Mitu; Posner Eric A. (Oxford University Press, 2009-01-01)
    The public debate over the need to raise judicial salaries has been one-sided. Sentiment appears to be that judges are underpaid. But neither theory nor evidence provides much support for this view. The primary argument ...
  • Helmholz R.H. (Oxford University Press, 2009-01-01)
    Bonham's Case (1610) as reported by Sir Edward Coke has often been regarded as an early instance of judicial review of legislation. Lawyers, particularly in the United States, have taken it as a common law precedent for ...
  • Jacobi Tonja (Oxford University Press, 2009)
    Forming a coalition on a multi-judge panel involves an inherent trade-off between coalition maximization and ideological outcome optimization. Much scholarship is premised on assumptions about how judges make that trade-off; ...
  • Elster Jon (Oxford University Press, 2012-06-01)
    Contrary to a traditional view, constitutions are rarely written in calm and reflective moments. Rather, because they tend to be written in period of social unrest, constituent moments induce strong emotions and, frequently, ...
  • Masur Jonathan S. (Oxford University Press, 2010)
    The United States Patent and Trademark Office has acquired a well-deserved reputation for inefficacy and inefficiency. Proposals for reforming the patent office have thus focused on improving the quality of patent review ...
  • Ayotte Kenneth M.; Morrison Edward R. (Oxford University Press, 2009)
    We analyze a sample of large privately and publicly held businesses that filed Chapter 11 bankruptcy petitions during 2001. We find pervasive creditor control. In contrast to traditional views of Chapter 11, equity holders ...
  • Ho Daniel E.; Quinn Kevin M. (Oxford University Press, 2010)
    Franklin Delano Roosevelt's court-packing plan of 1937 and the “switch in time that saved nine” animate central questions of law, politics, and history. Did Supreme Court Justice Roberts abruptly switch votes in 1937 to ...
  • Posner Eric A.; Spier Kathryn E.; Vermeule Adrian (Oxford University Press, 2010)
    The maxim “divide and conquer” (divide et impera) is invoked frequently in law, history, and politics, but often in a loose or undertheorized way. We suggest that the maxim is a placeholder for a complex of ideas related ...
  • Whitman James Q. (Oxford University Press, 2009-01-01)
    Every western society embraces the ideal of equality before the criminal law. However, as this article observes, that ideal is understood differently in the United States and Continental Europe. American law generally ...
  • Hyman David A.; Black Bernard; Silver Charles; Sage William M. (Oxford University Press, 2009-01-01)
    Using claim-level data, we estimate the effect of Texas's 2003 cap on non-economic damages on jury verdicts, post-verdict payouts, and settlements in medical malpractice cases closed during 1988–2004. For pro-plaintiff ...
  • Goldberg Victor P. (Oxford University Press, 2010)
  • Glaeser Edward L.; Sunstein Cass R. (Oxford University Press, 2009-01-01)
    When members of deliberating groups speak with one another, their predeliberation tendencies often become exacerbated as their views become more extreme. The resulting phenomenon — group polarization — has been observed ...
  • Garoupa Nuno; Ginsburg Tom (Oxford University Press, 2011-12-01)
    Scholars have distinguished career from recognition judiciaries, largely arguing that they reflect different legal cultures and traditions. We start by noting that the career/recognition distinction does not correspond ...
  • Eisenberg Melvin A. (Oxford University Press, 2009-01-01)
    Three fundamental concepts underlie the principles that should govern unexpected-circumstances cases. (1) A contract consists not only of the writing in which it is partly embodied, but also includes, among other things, ...
  • Eisenberg Melvin A. (Oxford University Press, 2010)
    Last year I published an article, “Impossibility, Impracticability, and Frustration,” in this Journal (Eisenberg 2009). Professor Victor Goldberg, a leading figure in the law-and-economics of contracts, has now published ...
  • Arruñada Benito (Oxford University Press, 2010)
    Registering originative business contracts allows entrepreneurs and creditors to choose, and courts to enforce, market-friendly “contract” rules that protect innocent third parties when adjudicating disputes on subsequent ...