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ARTICLE The Difference Narrows: A Reply to Kurt Lash Randy E. Barnett* & Evan D. Bernick** We thank the Notre Dame Law Review for allowing …
ARTICLE The Institutional Economics of Marriage: A Reinterpretation of Margaret Brinig’s Contribution to Family Law Douglas W. Allen* Margaret (Peg) Brinig has made a massive …
ARTICLE Bounded Rationality and the Theory of Property Oren Bar-Gill* & Nicola Persico** Strong, property rule protection—implemented via injunctions, criminal sanctions, and supercompensatory damages—is a …
ARTICLE The Fundamental Right to Education Derek W. Black* New litigation has revived one of the most important questions of constitutional law: Is education a …
ARTICLE The Discrimination Presumption Joseph A. Seiner* Employment discrimination is a fact in our society. Scientific studies continue to show that employer misconduct in the …
ARTICLE The New Oral Argument: Justices as Advocates Tonja Jacobi* & Matthew Sag** This Article conducts a comprehensive empirical inquiry of fifty-five years of Supreme …
ARTICLE Transborder Speech Ronald J. Krotoszynski, Jr.* In an increasingly globalized marketplace of ideas, First Amendment law and theory must recognize that the freedom of …
ARTICLE Gains, Losses, and Judges: Framing and the Judiciary Jeffrey J. Rachlinski* & Andrew J. Wistrich** Losses hurt more than foregone gains—an asymmetry that psychologists …