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Reputation Nation: Law In An Era Of Ubiquitous Personal Information, Lior Strahilevitz

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Reputation Nation: Law In An Era Of Ubiquitous Personal Information, Lior Strahilevitz

Public Law and Legal Theory Working Papers

No abstract provided.

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The Luck Of The Draw: Using Random Case Assignment To Investigate Attorney Ability, David S. Abrams, Albert H. Yoon

University of Chicago Law Review

No abstract provided.

Removing Federal Judges, James E. Pfander

University of Chicago Law Review

No abstract provided.

"Second Or Successive" Habeas Petitions And Late-Ripening Claims After Panetti V Quarterman, Kyle P. Reynolds

University of Chicago Law Review

No abstract provided.

"Failure To Pay Any Poll Tax Or Other Tax": The Constitutionality Of Tax Felon Disenfranchisement, Sloan G. Speck

University of Chicago Law Review

No abstract provided.

A Reader's Companion To 'Against Protection', Bernard E. Harcourt

Public Law and Legal Theory Working Papers

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review articles of Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist …

Standing And The Precautionary Principle, Jonathan Remy Nash

Public Law and Legal Theory Working Papers

In Massachusetts v. EPA, the Supreme Court upheld Massachusetts’ standing to challenge EPA’s refusal to regulate greenhouse gas emissions from mobile sources. The majority and dissent disputed whether the science of global warming was sufficient to establish standing. Absent from both opinions was discussion of whether there would be standing if the science were uncertain but the potential harms large and irreversible. This Essay argues that “precautionary-based standing”—grounded upon a fundamental principle of environmental law, the precautionary principle—should apply in such cases. Precautionary-based standing would not upset existing standing doctrine. First, its application would be limited, and could further be …

Privacy Versus Antidiscrimination, Lior Strahilevitz

Public Law and Legal Theory Working Papers

This essay argues that there is often an essential conflict between information privacy protections and antidiscrimination principles. Where information privacy law or practical obscurity deprives an employer of pertinent information about a job applicant, the employer often will rely more heavily on distasteful statistical discrimination strategies. For example, the existing empirical evidence suggests that criminal background checks may benefit African American male job applicants as a whole, by permitting employers to sort among ex-cons and those lacking criminal records. In the absence of accurate criminal history information, employers concerned about keeping ex-offenders out of their workplace appear to hire too …

A Reader’S Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir, Bernard E. Harcourt

Coase-Sandor Working Paper Series in Law and Economics

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of Against Prediction by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details …

Privacy Versus Antidiscrimination, Lior Strahilevitz

Coase-Sandor Working Paper Series in Law and Economics

This essay argues that there is often an essential conflict between information privacy protections and antidiscrimination principles. Where information privacy law or practical obscurity deprives an employer of pertinent information about a job applicant, the employer often will rely more heavily on distasteful statistical discrimination strategies. For example, the existing empirical evidence suggests that criminal background checks may benefit African American male job applicants as a whole, by permitting employers to sort among ex-cons and those lacking criminal records. In the absence of accurate criminal history information, employers concerned about keeping ex-offenders out of their workplace appear to hire too …

Grassroots Plea Bargaining, Josh Bowers

Public Law and Legal Theory Working Papers

In the 1990s, New York City implemented a particularly vigorous brand of localized order-maintenance policing. Such targeted enforcement of “borderline” offenses led to a skyrocketing rate of non-felony arrests in affected (predominantly poor and minority) communities and, consequently, created a crisis of systemic legitimacy within these communities. Notably, however, enforcement was increasingly heavy-handed only on the policing end. By contrast, when it came to plea bargaining, prosecutors were providing more and more lenient no-time or short-time pleas to reduced (often non-criminal) charges. In this essay, I offer a novel (and at least partial) explanation for this leniency trend. My explanation …

China's Network Justice, Benjamin Liebman, Tim Wu

Chicago Journal of International Law

The broader goal of this Article is to better understand the relationship between how a legal system functions and how judges communicate, both with each other and with other parties, including the media, the public, and political actors. Information transmission is an important but poorly understood part of any legal system. A precedent system, amid briefs, and the rules on ex parte contacts all serve to regulate how parties in a system communicate and what kind of information "counts." Media and political pressure cannot help but affect a legal system. In the words of Ethan Katsh, "Law is an organism …

Evolving Approaches To Jihad: From Self-Defense To Revolutionary And Regime-Change Polticial Violence, M. Cherif Bassiouni

Chicago Journal of International Law

There is a debate among Western academics as to whether violence is endemic to Islam or whether Islam is a peaceful religion. Proponents of these views are largely influenced by their own political persuasions, but mostly by their perceptions as outside observers of the Muslim world. The most plausible conclusions are advanced by those who simply see Muslim societies as any other society wrestling with social, economic, cultural, and political issues, and where at different times ideology is resorted to as a way of justifying political transformation. In some cases, Islamic doctrine is used as a legitimizing basis for political …

Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami

Chicago Journal of International Law

This Article examines a recent twist in European Union ("EU") data protection law. In the 1990s, the European Union was a market-creating organization and the law of data protection was designed to prevent rights abuses by market actors. Since the terrorist attacks in New York, Madrid, and London, however, cooperation in law enforcement has accelerated. Now the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This Article analyzes the first EU law to address data privacy in law enforcement-the Data Retention Directive (or "Directive"). Based on a detailed examination of the Directive's …

Optimal Bail And The Value Of Freedom: Evidence From The Philadelphia Bail Experiment, David Abrams, Chris Rohlfs

Coase-Sandor Working Paper Series in Law and Economics

This paper performs a cost-benefit analysis to determine socially optimal bail levels that balance the costs to defendants against the costs to other members of society. We consider jailing costs, the cost of lost freedom to incarcerated defendants, and the social costs of flight and new crimes committed by released defendants. We estimate the effects of bail amounts on the fraction of defendants posting bail, fleeing, and committing crimes during pre-trial release, using data from a randomized experiment. We also use defendants' bail posting decisions to measure their subjective values of freedom. We find that the typical defendant in our …

Booker's Unnoticed Victim: The Importance Of Providing Notice Prior To Sua Sponte Non-Guidelines Sentences, Ilya Beylin

University of Chicago Law Review

No abstract provided.

Punishing The Innocent, Josh Bowers

Public Law and Legal Theory Working Papers

Scholars highlight an “innocence problem” as one of plea bargaining’s chief failures. Their concerns, however, are misguided. In fact, many innocent defendants are far better off in a world with plea bargaining than without. Plea bargaining is not the cause of wrongful punishment. Rather, inaccurate guilty pleas are merely symptomatic of errors at the points of arrest, charge, and/or trial. Much of the worry over an innocence problem proceeds from misperceptions over (i) the characteristics of typical innocent defendants, (ii) the types of cases they generally face, and (iii) the level of due process they ordinarily desire. In reality, most …

Apprendi’S Domain, Jonathan F. Mitchell

Public Law and Legal Theory Working Papers

No abstract provided.

From The Asylum To The Prison: Rethinking The Incarceration Revolution. Part Ii: State Level Analysis, Bernard E. Harcourt

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

From The Asylum To The Prison: Rethinking The Incarceration Revolution. Part Ii: State Level Analysis, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

No abstract provided.

Enforcing Law Online (Reviewing Who Controls The Internet?: Illusions Of A Borderless World By Jack Goldsmith, Tim Wu), Orin S. Kerr

University of Chicago Law Review

No abstract provided.

Judging The Voting Rights Act, Thomas J. Miles, Adam B. Cox

Coase-Sandor Working Paper Series in Law and Economics

The Voting Rights Act has radically altered the political status of minority voters and dramatically transformed the partisan structure of American politics. Given the political and racial salience of cases brought under the Act, it is surprising that the growing literature on the effects of a judge's ideology and race on judicial decisionmaking has overlooked these cases. This Article provides the first systematic evidence that judicial ideology and race are closely related to findings of liability in voting rights cases. Democratic appointees are significantly more likely than Republican appointees to vote for liability under Section 2 of the Voting Rights …

Judge Richard Posner On Civil Liberties: Pragmatic Authoritarian Libertarian, Bernard E. Harcourt

Articles

No abstract provided.

Memo To The President (And His Opponents): Ideology Still Counts, David A. Strauss

Articles

No abstract provided.

Zoning: Deliberative Democracy At Zero Prices, Richard A. Epstein

Articles

No abstract provided.

Beyond Judicial Minimalism, Cass R. Sunstein

Articles

No abstract provided.

Jurisprudential Schizophrenia: On Form And Function In Islamic Finance, Haider Ala Hamoudi

Chicago Journal of International Law

This Article is divided into three parts, excluding this Introduction. In part II, I briefly discuss the contemporary practice of Islamic finance and the interpretive principles that gave rise to it. Part III explains precisely why, from the standpoint of potential investors such as my father, this practice is deeply, ontologically flawed. Part IV sets forth another model of an Islamic financial institution, based on functional approaches to the jurisprudence, and explains the benefits provided by such an institution.

Incompletely Theorized Agreements In Constitutional Law, Cass R. Sunstein

Public Law and Legal Theory Working Papers

How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? This essay, written for a special issue of Social Research on Difficult Decisions, explores the role of two kinds of incompletely theorized agreements amidst sharp disagreements about the largest issues in social life. The first consist of agreements on abstract formulations (freedom of speech, equality under the law); these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law under existing constitutions. Incompletely theorized …