Law Commons^™

Almost Everybody Disagrees Almost All The Time: The Genericity Of Weakly Merging Nowhere, Ronald I. Miller, Chris William Sanchirico

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Suppose we randomly pull two agents from a population and ask them to observe an unfolding, infinite sequence of zeros and ones. If each agent starts with a prior belief about the true sequence and updates this belief on revelation of successive observations, what is the chance that the two agents will come to agree on the likelihood that the next draw is a one? In this paper we show that there is no chance. More formally, we show that under a very unrestrictive definition of what it means to draw priors “randomly,” the probability that two priors have any …

Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch

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No abstract provided.

Product Liability And Legal Leverage: The Perverse Effect Of Stiff Penalties, Michael S. Knoll

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No abstract provided.

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

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No abstract provided.

Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese

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Over its thirteen year history, the negotiated rulemaking process has yielded only thirty-five final administrative rules. By comparison, the federal government publishes over 3,000 final rules each year through the ordinary notice-and- comment process. Why have federal agencies relied so little on negotiated rulemaking? I examine this question by assessing the impact of negotiating rulemaking on its two major purposes: (1) reducing rulemaking time; and (2) decreasing the amount of litigation over agency rules. My analysis suggests that the asserted problems used to justify negotiated rulemaking have been overstated and that the limitations of negotiated rulemaking have been understated. Negotiated …

Comment On Maccormick, William Ewald

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No abstract provided.

Spiritual And Menial Housework, Dorothy E. Roberts

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No abstract provided.

Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank

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No abstract provided.

The Costs Of Agencies: Waters V. Churchill And The First Amendment In The Administrative State, Kermit Roosevelt Iii

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106 Yale L. J. 1233 (1997)

Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer

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Most debate about the power of judicial review proceeds as if courts primarily invoke the Constitution against the considered judgment of elected legislatures; most constitutional commentary focuses on confrontations between the United States Supreme Court and state or federal legislatures. In fact, the federal courts most often enforce constitutional norms against administrative agencies and street-level bureaucrats, and the norms are enforced not by the Supreme Court but by the federal trial courts. In this Article, Professor Kreimer surveys this "dark matter" of our constitutional universe.

The Article compares the 292 cases involving constitutional claims decided by the Supreme Court during …

The Unanimity Norm In Delaware Corporate Law, David A. Skeel Jr.

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No abstract provided.

The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts

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No abstract provided.

The Courtroom As Classroom: Independence, Imagination And Ideology In The Work Of Jack Weinstein, Stephen B. Burbank

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This Article explores influences that have shaped Judge Weinstein's judicial behavior. The author argues that Weinstein's conception of the judicial role has been influenced in significant respects by his career as a law professor. Tracing continuities and discontinuities between the roles of a professor and a trial judge, the author concludes that Judge Weinstein manifests both the desire for intellectual autonomy and the consequent lack of regard for institutional accountability that are characteristic of the former role. The Article then seeks to evaluate the judge-centered approach to judicial independence it imputes to Judge Weinstein. The author contends that the desire …

Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, Steven L. Harris, Charles W. Mooney Jr.

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No abstract provided.

Conflicts And Defense Lawyers: From Triangles To Tetrahedrons, Tom Baker

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No abstract provided.

Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch

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No abstract provided.

Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch

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In this Article, Professor Fisch assesses currrent retroactivity doctrine and proposes a new framework for retroactivity analysis. Current law has failed to reflect the complexity of defining retroactivity and to harmonize the conflicting concerns of efficiency and fairness that animate retroactivity doctrine. By drawing a sharp distinction between adjudication and legislation, the law has also overlooked the similarity of the issues that retroactivity raises in both contexts. Professor Fisch's analysis, influenced by the legal process school, uses an equilibrium approach to connect retroactivity analysis to theories of legal change. Instead of focusing on the nature of the new legal rule, …

An Inquiry Into The Efficiency Of The Limited Liability Company: Of Theory Of The Firm And Regulatory Competition, William W. Bratton, Joseph A. Mccahery

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No abstract provided.

The Bomb Thief And The Theory Of Justification, Paul H. Robinson

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No abstract provided.

Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson

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No abstract provided.

Taking Boards Seriously, Jill E. Fisch

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No abstract provided.

Questioning Philanthropy From A Corporate Governance Perspective, Jill E. Fisch

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No abstract provided.

From Black And White To High Definition Equal Protection, Seth F. Kreimer

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No abstract provided.

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther

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No abstract provided.

Compelled Affirmations, Free Speech, And The U.S. Military's Don't Ask, Don't Tell Policy, Tobias Barrington Wolff

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No abstract provided.

Saints And Sinners: How Does Delaware Corporate Law Work?, Edward B. Rock

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No abstract provided.

Immaturity And Irresponsibility, Stephen J. Morse

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No abstract provided.

The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo

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Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress’s authority to employ devices such as special counsels and independent agencies to restrict the President’s control over the administration of the law. The initial debate focused on whether the Constitution rejected the “executive by committee” employed by the Articles of the Confederation in favor of a “unitary executive,” in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features …

Public Choice And The Future Of Public-Choice-Influenced Scholarship, David A. Skeel Jr.

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No abstract provided.

Fair Use, Efficiency, And Corrective Justice, Gideon Parchomovsky

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No abstract provided.