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University of Chicago Law School

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2012

Articles 61 - 82 of 82

Full-Text Articles in Law

Outsourcing Regulation: How Insurance Reduces Moral Hazard, Omri Ben-Shahar, Kyle D. Logue Jan 2012

Outsourcing Regulation: How Insurance Reduces Moral Hazard, Omri Ben-Shahar, Kyle D. Logue

Articles

This Article explores the potential value of insurance as a substitute for government regulation of safety. Successful regulation of behavior requires information in setting standards, licensing conduct, verifying outcomes, and assessing remedies. In various areas, the private insurance sector has technological advantages in collecting and administering the information relevant to setting standards and could outperform the government in creating incentives for optimal behavior We explore several areas that are regulated more by private insurance than by government. In those areas, the role of the law diminishes to the administration of simple rules of absolute liability or no liability, and affected …


Mind Control: Firms And The Production Of Ideas, Anthony Casey Jan 2012

Mind Control: Firms And The Production Of Ideas, Anthony Casey

Articles

No abstract provided.


Communities And The California Commission, Nicholas Stephanopoulos Jan 2012

Communities And The California Commission, Nicholas Stephanopoulos

Articles

No abstract provided.


Citizens United And Conservative Judicial Activism, Geoffrey R. Stone Jan 2012

Citizens United And Conservative Judicial Activism, Geoffrey R. Stone

Articles

This Article analyzes the recent trend of conservative judicial activism in the Supreme Court and searches for a principled reason to explain it. The conservative majority has struck down several laws in recent years, culminating in its invalidation of an important provision of the Bipartisan Campaign Reform Act of 2002 in Citizens United v. Federal Election Commission. While judicial restraint and originalism are currently seen as conservative principles, neither principle explains these decisions. The author argues that no principle can explain the results of these cases-rather, they can only be explained by the Justices' personal views and policy preferences. The …


Law In The Hands Of The Politicians: The Cycles Of American Politics, Richard A. Epstein Jan 2012

Law In The Hands Of The Politicians: The Cycles Of American Politics, Richard A. Epstein

Articles

No abstract provided.


Constitutionalism: East Asian Antecedents, Tom Ginsburg Jan 2012

Constitutionalism: East Asian Antecedents, Tom Ginsburg

Articles

No abstract provided.


Forecasting The Flashpoints, Nicholas Stephanopoulos Jan 2012

Forecasting The Flashpoints, Nicholas Stephanopoulos

Articles

No abstract provided.


The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein Jan 2012

The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein

Articles

No abstract provided.


Enforcing (But Not Defending) Unconstitutional Laws, Aziz Huq Jan 2012

Enforcing (But Not Defending) Unconstitutional Laws, Aziz Huq

Articles

When should the executive decline to defend in court a federal law it has determined to be unconstitutional, yet still enforce that same statute against third parties? The question is prompted by the Obama administration's decision to enforce, but not defend in federal court, Section 3 of the Defense of Marriage Act ("DOMA "). But the DOMA Section 3 decision is not the first time the executive has bifurcated the enforcement of a statute from its defense before the bench. The practice of enforcement-litigation gaps dates back at least to World War I. Commentators tend to judge the practice by …


On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt Jan 2012

On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt

Articles

No abstract provided.


Pay For Regulator Performance, M. Todd Henderson, Frederick Tung Jan 2012

Pay For Regulator Performance, M. Todd Henderson, Frederick Tung

Articles

Few doubt that executive compensation arrangements encouraged the excessive risk taking by banks that led to the recent Financial Crisis. Accordingly, academics and lawmakers have called for the reform of banker pay practices. In this Article, we argue that regulator pay is to blame as well, and that fixing it may be easier and more effective than reforming banker pay. Regulatory failures during the Financial Crisis resulted at least in part from a lack of sufficient incentives for examiners to act aggressively to prevent excessive risk. Bank regulators are rarely paid for performance, and in atypical cases involving performance bonus …


Unifying Copyright: An Instrumentalist's Response To Shyamkrishna Balganesh, Richard A. Epstein Jan 2012

Unifying Copyright: An Instrumentalist's Response To Shyamkrishna Balganesh, Richard A. Epstein

Articles

No abstract provided.


When To Hold, When To Fold, And When To Reshuffle: The Art Of Decisionmaking On A Multi-Member Court, Diane P. Wood Jan 2012

When To Hold, When To Fold, And When To Reshuffle: The Art Of Decisionmaking On A Multi-Member Court, Diane P. Wood

Articles

This Essay explores the instrumental and normative considerations that prompt judges to publish separate opinions. After discussing the traditions of separate writing in American judicial practice, the author provides a contemporary judge's perspective on the aims of separate opinions and on the cost-benefit analysis that judges invariably undertake when contemplating whether to write a concurrence or dissent. Turning to her own work on the Seventh Circuit, the author then identifies three broad categories of dissents she has penned over the past sixteen years: "principle-based dissents, " "'process-based dissents, " and "accuracy-focused dissents. " The Essay concludes by suggesting that a …


Some Skeptical Comments On Beth Simmons's Mobilizing For Human Rights, Eric A. Posner Jan 2012

Some Skeptical Comments On Beth Simmons's Mobilizing For Human Rights, Eric A. Posner

Articles

No abstract provided.


Negligence, Strict Liability, And Responsibility For Climate Change, David A. Weisbach Jan 2012

Negligence, Strict Liability, And Responsibility For Climate Change, David A. Weisbach

Articles

No abstract provided.


Dialogue With Federal Judges On The Role Of History In Interpretation, Frank H. Easterbrook, Brett M. Kavanaugh, Charles F. Lettow, Amanda L. Tyler Jan 2012

Dialogue With Federal Judges On The Role Of History In Interpretation, Frank H. Easterbrook, Brett M. Kavanaugh, Charles F. Lettow, Amanda L. Tyler

Articles

No abstract provided.


Efficient Enforcement In International Law, Omri Ben-Shahar, Anu Bradford Jan 2012

Efficient Enforcement In International Law, Omri Ben-Shahar, Anu Bradford

Articles

Enforcement is a fundamental challenge for international law. Sanctions are costly to impose, difficult to coordinate, and often ineffective at accomplishing their goals. Rewards are likewise costly and domestically unpopular. Thus, efforts to address pressing international problems-such as reversing climate change and coordinating monetary policy-often fall short. This Article offers a novel approach to international enforcement and demonstrates the advantages of such an approach over traditional sanctions or rewards. It develops a mechanism of Reversible Rewards, which combines sticks and carrots in a unique, previously unexplored way. Reversible Rewards require that a sum of money be offered as a reward …


Inflation Indicators, Jonathan Masur Jan 2012

Inflation Indicators, Jonathan Masur

Articles

No abstract provided.


Physical And Regulatory Takings: One Distinction Too Many, Richard A. Epstein Jan 2012

Physical And Regulatory Takings: One Distinction Too Many, Richard A. Epstein

Articles

No abstract provided.


Equality, Procedural Justice, And The World Trade Organization, Adam S. Chilton, Ryan W. Davis Jan 2012

Equality, Procedural Justice, And The World Trade Organization, Adam S. Chilton, Ryan W. Davis

Articles

No abstract provided.


The Doctrinal Paradox & International Law, Adam S. Chilton, Dustin Tingley Jan 2012

The Doctrinal Paradox & International Law, Adam S. Chilton, Dustin Tingley

Articles

No abstract provided.


Better Mistakes In Patent Law, Andres Sawicki Jan 2012

Better Mistakes In Patent Law, Andres Sawicki

Articles

This Article analyzes patent mistakes-that is, mistakes made by the patent system when it decides whether a particular invention has met the patentability requirements. These mistakes are inevitable. Given resource constraints, some might even be desirable. This Article evaluates the relative costs of patent mistakes, so that we can make better ones. Three characteristics drive the costs of mistakes: their type (false positive or false negative), timing (early or late), and doctrinal basis (utility, novelty, nonobviousness, and so on). These characteristics make some mistakes more troubling than others. This Article compares the costs of making mistakes of different types, at …