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Articles 1 - 24 of 24
Full-Text Articles in Law
Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas
Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas
All Faculty Scholarship
Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: overconfidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The …
Pleas' Progress, Stephanos Bibas
Rules, Principles, And The Accounting Crisis In The United States, William W. Bratton
Rules, Principles, And The Accounting Crisis In The United States, William W. Bratton
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The Sarbanes-Oxley Act and the Securities Exchange Commission move too quickly ·when they prod the Financial Accounting Standards Board, the standard setter for US GAAP, to move immediately to a principles-based system. Priorities respecting reform of corporate reporting in the US need to be ordered more carefully. Incentive problems impairing audit performance should be solved first through institutional reform insulating the audit from the negative impact of rent-seeking and solving adverse selection problems otherwise affecting audit practice. So long as auditor independence and management incentives respecting accounting treatments remain suspect. the US reporting system holds out no actor plausibly positioned …
Constitutional Decision Rules, Mitchell N. Berman
Constitutional Decision Rules, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas
The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank
Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Conceptual Jurisprudence Of The German Constitution, William Ewald
The Conceptual Jurisprudence Of The German Constitution, William Ewald
All Faculty Scholarship
No abstract provided.
Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton
Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton
All Faculty Scholarship
No abstract provided.
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
All Faculty Scholarship
No abstract provided.
Econometric Analyses Of U.S. Abortion Policy: A Critical Review, Jonathan Klick
Econometric Analyses Of U.S. Abortion Policy: A Critical Review, Jonathan Klick
All Faculty Scholarship
No abstract provided.
Guillen And Gullibility: Piercing The Surface Of Commerce Clause Doctrine, Mitchell N. Berman
Guillen And Gullibility: Piercing The Surface Of Commerce Clause Doctrine, Mitchell N. Berman
All Faculty Scholarship
In Pierce County v. Guillen, the Supreme Court's most recent Commerce Clause decision, the Court upheld a federal law that protects information compiled or collected by states and localities in connection with federal highway safety programs from being discovered or admitted into evidence in state or federal trials. A short and unanimous decision, Guillen has gone almost entirely unnoticed. This article aims to rectify that oversight. Very simply, Guillen is not the gimme that its length, tone, and reception all conspire to suggest. At the heart of the case is a puzzle. And attempts to unravel that puzzle may substantially …
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Human Rights And National Security: The Strategic Correlation, William W. Burke-White
Human Rights And National Security: The Strategic Correlation, William W. Burke-White
All Faculty Scholarship
No abstract provided.
Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile
Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile
All Faculty Scholarship
The market for sovereign debt differs from the market for corporate debt in several important ways including the risk of opportunistic default by sovereign debtors, the importance of political pressures, and the presence of international development organizations. Moreover, countries are subject to neither liquidation nor standardized processes of debt reorganization. Instead, negotiations between a sovereign debtor and its creditors lead to a voluntary restructuring of the sovereign's debt. One of the greatest difficulties in restructuring claims against sovereign debtors is balancing the interests of the majority of the creditors with those of minority creditors. Holdout creditors serve as a check …
Humanity And The Law, Geoffrey C. Hazard Jr.
Humanity And The Law, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Lawyer For The Situation, Geoffrey C. Hazard Jr.
Lawyer For The Situation, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Ripstein, Rawls, And Responsibility, Stephen R. Perry
Ripstein, Rawls, And Responsibility, Stephen R. Perry
All Faculty Scholarship
No abstract provided.
Functional Law And Economics: The Search For Value-Neutral Principles Of Lawmaking, Francesco Parisi, Jonathan Klick
Functional Law And Economics: The Search For Value-Neutral Principles Of Lawmaking, Francesco Parisi, Jonathan Klick
All Faculty Scholarship
No abstract provided.
Sovereign Debt Reform And The Interest Of Creditors, William W. Bratton, G. Mitu Gulati
Sovereign Debt Reform And The Interest Of Creditors, William W. Bratton, G. Mitu Gulati
All Faculty Scholarship
No abstract provided.
The Role Of Government In Corporate Governance, Cary Coglianese, Elizabeth K. Keating, Michael L. Michael, Thomas J. Healey
The Role Of Government In Corporate Governance, Cary Coglianese, Elizabeth K. Keating, Michael L. Michael, Thomas J. Healey
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Numerous corporate scandals in the past several years have fueled widespread debate over proposals for government action. The central challenge for government is how to restore corporate integrity and market confidence without overreacting and stifling the dynamism that underlies a strong economy. To examine this challenge, the Center for Business and Government's Regulatory Policy Program organized a conference in May 2004 on The Role of Government in Corporate Governance. The conference brought together government officials, business leaders, and academic researchers to discuss three fundamental public policy issues raised by recent corporate abuses. First, who should regulate corporate management - government …
The New Federal Regulation Of Corporate Governance, Jill E. Fisch
The New Federal Regulation Of Corporate Governance, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts
The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler
The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler
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Predictability in civil and criminal sanctions is generally understood as desirable. Conversely, unpredictability is condemned as a violation of the rule of law. This paper explores predictability in sanctioning from the point of view of efficiency. It is argued that, given a constant expected sanction, deterrence is increased when either the size of the sanction or the probability that it will be imposed is uncertain. This conclusion follows from earlier findings in behavioral decision research and the results of an experiment conducted specifically to examine this hypothesis. The findings suggest that, within an efficiency framework, there are virtues to uncertainty …
"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr.
"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr.
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No abstract provided.