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Forum: Sexual Harassment Law After #MeToo: Looking to California as a Model

gay man, regularly expressed misogynistic views about women. He used sexist slurs, mocked women’s appearances if he did not consider them beautiful or

Eric A. Posner

The Yale Law Journal - Eric A. Posner Eric A. Posner Article 122 Yale L.J. 2 (2012). If a plaintiff brings two claims, each with a 0.4 probability of

Forum: How To Think About Law as Morality: A Comment on Greenberg and Hershovitz

explanation: if legal facts are moral facts, then it should be no surprise that people can and do have theoretical disagreements. After all, we often

Forum: “We Do No Such Thing”: 303 Creative v. Elenis and the Future of First Amendment Challenges to Public Accommodations Laws

significant issue of personal conviction, all in order to eliminate ideas that differ from its own.” The dissent did not disagree that if that were what

Forum: The Pope and the Capital Juror

doctrine, or how many of them will do so in this case. But if even a fraction of them do, the declaration may have the effect of making our society, as a

Forum: A Critique of the Efficient Performance Hypothesis

efficient breaches will occur because promisors will find breach profitable only if its benefits exceed the value of performance to the promisee. The

Forum: On Estimating Disparity and Inferring Causation: Sur-Reply to the U.S. Sentencing Commission Staff

stable in scale. One only finds an upward trend in disparity if, like the Commission, one focuses on the final slice of the justice process in

Practice-Based Constitutional Theories

constitutional theory should generally conform to our social practices about law. If, for example, it is part of our social practices for courts to apply a

Vindicating Vindictiveness: Prosecutorial Discretion and Plea Bargaining, Past and Future

closely policed and, if so, how. In three recent cases, responding to contemporary scholarship about plea bargaining and coercive prosecutorial power