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Full-Text Articles in Law
Treaty Signature, Curtis Bradley
Should Environmental Taxes Be Precautionary?, David A. Weisbach
Should Environmental Taxes Be Precautionary?, David A. Weisbach
Coase-Sandor Working Paper Series in Law and Economics
This paper considers whether environmental taxes should be accelerated (or delayed) if the environmental harm from pollution is uncertain and irreversible, and where we are likely to learn more about the nature of the harm or about mitigation technologies in the future. It concludes that environmental taxes should be set equal to expected marginal harm from pollution given the currently available information and should be neither accelerated nor delayed because of the prospect of learning or irreversible harm. The reason is that taxes equal to expected marginal harm decentralize decisions to market participants who will, facing these taxes, make appropriate …
Aggregation And Law, Eric A. Posner, Ariel Porat
Aggregation And Law, Eric A. Posner, Ariel Porat
Coase-Sandor Working Paper Series in Law and Economics
If a plaintiff brings two claims, each with a 0.4 probability of being valid, the plaintiff will usually lose, even if the claims are based on independent events, and thus the probability of at least one of the claims being valid is 0.64. If a plaintiff brings two independent claims, and each of them is too weak to justify a remedy, the plaintiff will usually lose, even if the claims are jointly powerful enough to justify a remedy. Thus, as a general rule courts refuse to engage in what we call factual aggregation (the first case) and normative aggregation (the …
Lumpy Property, Lee Anne Fennell
Lumpy Property, Lee Anne Fennell
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
When To Overthrow Your Government: The Right To Resist In The World's Constitutions, Tom Ginsburg, Daniel Lansberg-Rodriguez, Mila Versteeg
When To Overthrow Your Government: The Right To Resist In The World's Constitutions, Tom Ginsburg, Daniel Lansberg-Rodriguez, Mila Versteeg
Public Law and Legal Theory Working Papers
No abstract provided.
Aggregation And Law, Eric A. Posner, Ariel Porat
Aggregation And Law, Eric A. Posner, Ariel Porat
Public Law and Legal Theory Working Papers
If a plaintiff brings two claims, each with a 0.4 probability of being valid, the plaintiff will usually lose, even if the claims are based on independent events, and thus the probability of at least one of the claims being valid is 0.64. If a plaintiff brings two independent claims, and neither of them alleges misconduct sufficient to justify a remedy, the plaintiff will usually lose, even if the claims jointly allege sufficient wrongdoing to justify a remedy. Thus, as a general rule, courts refuse to engage in what we call factual aggregation (the first case) and normative aggregation (the …
Going Outside The Law: The Role Of The State In Shaping Attitudes To Private Acts Of Violence, Tom R. Tyler, Jonathan Jackson, Aziz Huq, Ben Bradford
Going Outside The Law: The Role Of The State In Shaping Attitudes To Private Acts Of Violence, Tom R. Tyler, Jonathan Jackson, Aziz Huq, Ben Bradford
Public Law and Legal Theory Working Papers
Why do people believe that violence is acceptable? In this paper we study people’s normative beliefs about the acceptability of violence to achieve social control (as a substitute for the police, for self-protection and the resolution of disputes) and social change (through violent protests and acts to achieve political goals). Addressing attitudes towards violence among young men from various ethnic minority communities in London, we find that procedural justice is strongly correlated with police legitimacy, and that positive judgments about police legitimacy predicts more negative views about the use of violence. We conclude with the idea that police legitimacy has …
Lumpy Property, Lee Anne Fennell
Lumpy Property, Lee Anne Fennell
Public Law and Legal Theory Working Papers
No abstract provided.
Preserving Political Speech From Ourselves And Others, Aziz Huq
Preserving Political Speech From Ourselves And Others, Aziz Huq
Public Law and Legal Theory Working Papers
This Essay is a case study of how and why strict scrutiny varies between cases decided within a particular doctrinal category (political speech) by a given court (the Roberts Court). Two lines of Roberts Court jurisprudence implicate political speech: federal campaign finance cases and a challenge to the federal statute criminalizing “material support” to designated foreign terrorist organizations. My aim here is to examine the common doctrinal matrix of First Amendment strict scrutiny used in those cases to explore how divergent results emerge from a unified analytic framework. A secondary goal is to illustrate how post-9/11 national security concerns find …
Private Religious Discrimination, National Security, And The First Amendment, Aziz Huq
Private Religious Discrimination, National Security, And The First Amendment, Aziz Huq
Public Law and Legal Theory Working Papers
No abstract provided.
Rethinking The Costs Of International Delegations, Daniel Abebe
Rethinking The Costs Of International Delegations, Daniel Abebe
Public Law and Legal Theory Working Papers
A prominent criticism of U.S. delegations to international institutions – or international delegations – focuses on agency costs. The criticism begins by drawing a stark contrast between international delegations and domestic delegations. For domestic delegations to agencies, U.S. congressional, executive and judicial oversight mechanisms are present to try and maintain the agency’s democratic accountability. Since the agency is democratically accountable, the agency costs are low. For international delegations of binding authority to international institutions, however, the conventional wisdom is that oversight mechanisms are absent and the U.S. cannot monitor the international institution to ensure it acts within its delegated authority. …
The Global Determinants Of U.S. Foreign Affairs Law, Daniel Abebe
The Global Determinants Of U.S. Foreign Affairs Law, Daniel Abebe
Public Law and Legal Theory Working Papers
A recurring debate in foreign affairs law focuses on the appropriate level of congressional and judicial deference to the President. In answering that question, most scholars focus on the Constitution, Supreme Court precedent, and historical practice for guidance, or evaluate the expertise and strategic incentives of Congress, the President, and the courts. For them, the inquiry exclusively centers on domestic, internal constraints on the President. But this analysis is incomplete. Determination of the appropriate level of deference has consequences for how the President can pursue American interests abroad. If the U.S. wants to be successful in achieving its foreign policy …
Eavesdropping On The Vox Populi, Alison Lacroix
Eavesdropping On The Vox Populi, Alison Lacroix
Public Law and Legal Theory Working Papers
No abstract provided.
Enforcing (But Not Defending) 'Unconstitutional' Laws, Aziz Huq
Enforcing (But Not Defending) 'Unconstitutional' Laws, Aziz Huq
Public Law and Legal Theory Working Papers
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 II. Commentators tend to judge the practice by focusing …
Legal Realisms, Old And New, Brian Leiter
Legal Realisms, Old And New, Brian Leiter
Public Law and Legal Theory Working Papers
No abstract provided.
On Being 'Bound Thereby', Alison Lacroix
On Being 'Bound Thereby', Alison Lacroix
Public Law and Legal Theory Working Papers
No abstract provided.
The Lawyer’S Library In The Early American Republic, Alison Lacroix
The Lawyer’S Library In The Early American Republic, Alison Lacroix
Public Law and Legal Theory Working Papers
No abstract provided.
The Problem Of Resource Access, Lee Anne Fennell
The Problem Of Resource Access, Lee Anne Fennell
Public Law and Legal Theory Working Papers
The Caosean insight that transaction costs stand between the world as we know it and an ideal of perfect efficiency has provided generations of law and economics scholars with an analytic North Star. But for legal scholars interested in the efficiency implications of property arrangements, transaction costs turn out to constitute an unhelpful category. Transaction costs are related to property rights in unstable and contested ways, and they comprise a heterogeneous set of impediments, not all of which are amenable to cost-effective reduction through law. Treating them as focal confuses the cause of our difficulties in structuring access to resources …
What If Madison Had Won? Imagining A Constitution World Of Legislative Supremacy, Alison Lacroix
What If Madison Had Won? Imagining A Constitution World Of Legislative Supremacy, Alison Lacroix
Public Law and Legal Theory Working Papers
No abstract provided.