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because the parties construct them as traditional private contracts. Given their subject matter, their noneconomic focus and purposes, and the ways in which they shape future...
ironic blindness. The threat of terrorism has forced Americans to consider questions of war and guilt with a new sense of immediacy and relevance, to
Clark Neily | Yale Law Journal Clark Neily The number of Americans who must obtain government permissionto work in their chosen vocation has been
adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process”...
challenges as debtors. It is unhelpful to analyze these challenges mainly through the bankruptcy lens. State bankruptcy posits an institutional...
beat the market simply by using nonpublic information to decide when not to trade. Using a simple model, this Essay has shown that the conventional
are designed to have binding legal effect and must go through the rulemaking procedure known as notice and comment, from nonlegislative rules, which
it means, broadly speaking, is the process of extracting know-how or knowledge from a human-made artifact. Lawyers and economists have endorsed
home-loan disclosure forms. The experiments revealed confirmation biases in which participants read to confirm what they were told (e.g., “Your loan is
terms purporting to limit the parties’ liability for fraud. It is less-often noticed that many contracts are designed to incorporate fraud liability by