Open Access. Powered by Scholars. Published by Universities.®
Articles 31 - 49 of 49
Full-Text Articles in Law
Self-Defeating Proposals: Ackerman On Emergency Powers, Adrian Vermeule
Self-Defeating Proposals: Ackerman On Emergency Powers, Adrian Vermeule
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
The Delegation Lottery, Adrian Vermeule
The Delegation Lottery, Adrian Vermeule
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
The Judiciary And Economic Development, Kenneth W. Dam
The Judiciary And Economic Development, Kenneth W. Dam
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Animal Rights Without Controversy, Cass R. Sunstein, Jeff Leslie
Animal Rights Without Controversy, Cass R. Sunstein, Jeff Leslie
Coase-Sandor Working Paper Series in Law and Economics
Many consumers would be willing to pay something to reduce the suffering of animals used as food. The problem is that existing markets do not disclose the relevant treatment of animals, even though that treatment would trouble many consumers. Steps should be taken to promote disclosure, so as to fortify market processes and to promote democratic discussion of the treatment of animals. In the context of animal welfare, a serious problem is that people’s practices ensure outcomes that defy their existing moral commitments. A disclosure regime could improve animal welfare without making it necessary to resolve the most deeply contested …
Famous Trademarks And The Rational Basis For Protecting "Irrational Beliefs", Shahar J. Dilbary
Famous Trademarks And The Rational Basis For Protecting "Irrational Beliefs", Shahar J. Dilbary
Coase-Sandor Working Paper Series in Law and Economics
This Article challenges the common wisdom about the desirability of celebrated trademarks. Contrary to the traditional view, it argues that mega-brands are neither economic evils nor is their function limited to imparting information regarding the physical product they flaunt. The Article also rejects the view that famous marks persuade consumers (often referred to as "Snobs") to "irrationally" pay more for the same physical product they could have purchased for less. Rather, it argues that in purchasing a branded good the consumer is actually purchasing three tied products in one package: a physical product, information about the physical product, and an …
Muslim Profiles Post 9/11: Is Racial Profiling An Effective Counterterrorist Measure And Does It Violate The Right To Be Free From Discrimination?, Bernard E. Harcourt
Muslim Profiles Post 9/11: Is Racial Profiling An Effective Counterterrorist Measure And Does It Violate The Right To Be Free From Discrimination?, Bernard E. Harcourt
Coase-Sandor Working Paper Series in Law and Economics
Racial profiling as a defensive counterterrorism measure necessarily implicates a rights trade-off: if effective, racial profiling limits the right of young Muslim men to be free from discrimination in order to promote the security and well-being of others. Proponents of racial profiling argue that it is based on simple statistical fact and represents "just smart law enforcement." Opponents of racial profiling, like New York City police commissioner Raymond Kelly, say that it is dangerous and "just nuts." As a theoretical matter, both sides are partly right. Racial profiling in the context of counterterrorism measures may increase the detection of terrorist …
An Economic Analysis Of State And Individual Responsibility Under International Law, Alan O. Sykes, Eric A. Posner
An Economic Analysis Of State And Individual Responsibility Under International Law, Alan O. Sykes, Eric A. Posner
Coase-Sandor Working Paper Series in Law and Economics
The international law of state responsibility determines when states are liable for international law violations. States are generally liable when they have control over the actions of wrongdoers; thus, the actions of state officials can implicate state responsibility whereas the acts of private citizens usually do not. We argue that the rules of state responsibility have an economic logic similar to that of vicarious liability in domestic law: the law in both cases provides third parties with incentives to control the behavior of wrongdoers whom they can monitor and influence. We also discuss international legal remedies and individual liability under …
Credit Markets, Creditors' Rights, And Economic Development, Kenneth W. Dam
Credit Markets, Creditors' Rights, And Economic Development, Kenneth W. Dam
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Defusing Drm, Douglas Gary Lichtman
Defusing Drm, Douglas Gary Lichtman
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Equity Markets, The Corporation, And Economic Development, Kenneth W. Dam
Equity Markets, The Corporation, And Economic Development, Kenneth W. Dam
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Should We Aggreegate Mental Hospitalization And Prison Population Rates In Empirical Research On The Relationship Between Incarceration And Crime, Unemployment, Poverty And Other Social Indicators?, Bernard E. Harcourt
Coase-Sandor Working Paper Series in Law and Economics
The incarceration explosion of the late twentieth century set off a storm of longitudinal research on the relationship between rates of imprisonment and crime, unemployment, education, and other social indicators. Those studies, however, are flawed because they fail to measure confinement properly. They rely on imprisonment data only, and ignore historical rates of mental hospitalization. With the exception of a discrete literature on the interdependence of the mental hospital and prison populations and some studies on explanations for the prison expansion, none of the empirical work related to the incarceration explosion—or for that matter, older research on the prison-crime and …
Transparency In The Budget Process, Elizabeth Garrett, Adrian Vermeule
Transparency In The Budget Process, Elizabeth Garrett, Adrian Vermeule
Coase-Sandor Working Paper Series in Law and Economics
Budget procedures are often adopted or changed to improve “transparency” in budgeting. This phrase can refer to two different, although related, stages of the budget process. First, transparency may refer to the outputs of budgeting; here the ideal is that the tradeoffs inherent in a budget should be made clear, salient and understandable to policy makers and the public. Second, transparency may refer to the inputs of budgeting; here the ideal is to ensure that the decision-making process is itself conducted in public. This paper focuses on the second concept of budget transparency—the degree to which important budgeting decisions are …
Burkean Minimalism, Cass R. Sunstein
Burkean Minimalism, Cass R. Sunstein
Coase-Sandor Working Paper Series in Law and Economics
Burkean minimalism has long played an important role in constitutional law. Like other judicial minimalists, Burkeans believe in rulings that are at once narrow and theoretically unambitious; what Burkeans add is an insistence on respect for traditional practices and an intense distrust of those who would renovate social practices by reference to moral or political reasoning of their own. An understanding of the uses and limits of Burkean minimalism helps to illuminate a number of current debates, including those involving substantive due process, the Establishment Clause, and the power of the President to protect national security. Burkean minimalists oppose, and …
China As A Test Case: Is The Rule Of Law Essential For Economic Growth?, Kenneth W. Dam
China As A Test Case: Is The Rule Of Law Essential For Economic Growth?, Kenneth W. Dam
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Institutions, History, And Economic Development, Kenneth W. Dam
Institutions, History, And Economic Development, Kenneth W. Dam
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Land, Law, And Economic Development, Kenneth W. Dam
Land, Law, And Economic Development, Kenneth W. Dam
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Misfearing: A Reply, Cass R. Sunstein
Misfearing: A Reply, Cass R. Sunstein
Coase-Sandor Working Paper Series in Law and Economics
Human beings are prone to "misfearing": Sometimes they are fearful in the absence of significant danger, and sometimes they neglect serious risks. Misfearing is a product of bounded rationality, and it produces serious problems for individuals and governments. This essay is a reply to a review of Laws of Fear by Dan M. Kahan, Paul Slovic, Donald Braman, and John Gastil, who contend that "cultural cognition," rather than bounded rationality, explains people's fears. The problem with their argument is that cultural cognition is a product of bounded rationality, not an alternative to it. In particular, cultural differences are largely a …
One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk
One-Sided Contracts In Competitive Consumer Markets, Richard A. Posner, Lucian Arye Bebchuk
Coase-Sandor Working Paper Series in Law and Economics
This paper shows that "one-sided" terms in standard contracts, which deny consumers a contractual benefit that seems efficient on average, may arise in competitive markets without informational problems (other than those of courts). A one-sided term might be an efficient response to situations in which courts cannot perfectly observe all the contingencies needed for an accurate implementation of a "balanced" contractual term when firms are more concerned about their reputation, and thus less inclined to behave opportunistically, than consumers are. We develop this explanation, discuss its positive and normative implications, and compare them to those of information-based explanations for one-sided …
Problems With Minimalism, Cass R. Sunstein
Problems With Minimalism, Cass R. Sunstein
Coase-Sandor Working Paper Series in Law and Economics
Much of Justice Sandra Day O'Connor's work on the Supreme Court embodies a commitment to judicial minimalism, understood as a preference for narrow rulings, closely attuned to particular facts. This preference reflects a belief that at least in adjudication, standards ought to be preferred to rules. In many contexts, however, that belief is hard to justify, simply because it imposes severe decision-making burdens on others and may well create more, rather than fewer, errors. For this reason, a general preference for minimalism is no more defensible than a general preference for rules. The choice between narrow and wide rulings cannot …