Law Commons^™

League Structure & Stadium Rent Seeking —The Antitrust Role Reconsidered, Haddock David, Jacobi Tonja, Matthew Sag

Faculty Publications & Other Works

Professional North American sporting teams receive enormous public funding for new and renovated stadiums after threatening to depart their hometowns, or by actually moving elsewhere. In contrast, English sporting teams neither receive much public money for such projects, nor move towns. This Article argues that no inherent cultural or political transatlantic variations cause the differences; rather, it is the industrial organization of sports in the two countries-the structure of league control-that enables rent-seeking by American teams but not by their English counterparts. Cross-country time series data contrasting American professional football and baseball stadiums with English soccer grounds support our claim, …

Inequality, Individualized Risk & Insecurity, Michael J. Zimmer

Faculty Publications & Other Works

No abstract provided.

The Big Banks: Background, Deregulation, Financial Innovation, And ‘Too Big To Fail,’, Charles W. Murdock

Faculty Publications & Other Works

The U.S. economy is still reeling from the financial crisis that exploded in the fall of 2008. This Article asserts that the big banks were major culprits in causing the crisis by funding the non-bank lenders that created the toxic mortgages, which the big banks securitized and sold to unwary investors. Ironically, banks that were then too big to fail are even larger today.

The Article briefly reviews the history of banking from the Founding Fathers to the deregulatory mindset that has been present since 1980. It then traces the impact of deregulation, which led to the savings and loan …

Well-Being Analysis Vs. Cost-Benefit Analysis, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

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Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures, then using those dollar figures as proxies for quality of life, creates significant systemic errors. These problems have been lamented by many scholars, and recent calls have gone out from world leaders and prominent economists to find an alternative analytical device that would measure quality of life more directly. This Article proposes well-being analysis (WBA) as that alternative. Relying on data from studies in the field of hedonic psychology that track people’s actual experience …

Valuing Art In An Estate: New Concerns, Anne-Marie E. Rhodes

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No abstract provided.

Footholds Of Constitutional Interpretation, Alexander Tsesis

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No abstract provided.

Antitrust’S Democracy Deficit, Harry First, Spencer Weber Waller

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No abstract provided.

Behavioral Economics And Investor Protection, Michael J. Kaufman

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No abstract provided.

What Kahneman Means For Lawyers: Some Reflections On Thinking, Fast And Slow, Charles W. Murdock, Barry Sullivan

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No abstract provided.

Adaptive Clinical Teaching, Emily Benfer, Coleen F. Shanahan

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No abstract provided.

The Public Trust Doctrine: Does It Provide The Public With Access To The Beaches Of Lake Michigan In Illinois?, Henry Rose

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No abstract provided.

The Impact Of Rankings And Rules On Legal Education Reform, David N. Yellen

Faculty Publications & Other Works

Legal education is experiencing intense pressures and is undergoing profound changes. Two important forces that help shape and limit the nature and scope of legal education reform are the U.S. News & World Report rankings and the American Bar Association's accreditation standards. The push and pull of these forces helps explain why law schools are embracing some changes and resisting others.

The Constitutionality Of Government Fees As Applied To The Poor, Henry Rose

Faculty Publications & Other Works

No abstract provided.

Binders Full Of Women & Closing The Gap, Michael J. Zimmer

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No abstract provided.

Credit Default Swaps: Dubious Instruments, Charles W. Murdock

Faculty Publications & Other Works

No abstract provided.

Maxim Constitutionalism: Liberal Equality For The Common Good, Alexander Tsesis

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No abstract provided.

Watching The Watchers: Preventing I.R.S. Abuse Of The Tax System,, Samuel D. Brunson

Faculty Publications & Other Works

As a result of broad outcries against the incompetence and aggressiveness of the LR.S., Congress reined in its behavior, requiring it to focus on treating taxpayers as customers. Congress also created oversight bodies to ensure that the I.R.S. would comply with the new mandate. Though those oversight bodies face some difficulties - most notably, the unwillingness of Congress to adequately fund them - they nonetheless have proven effective at checking the IR.S. 's misbehavior with regard to taxpayers.

Congress has not, however been as solicitous to the tax law itself The I.R.S. can act in ways that violate both the …

Taxing Polygamy, Samuel D. Brunson

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The tax law treats married and unmarried taxpayers differently in several respects. Married persons, for example, can file and pay their taxes as a unified taxpayer, with rates that are different than those that apply to unmarried taxpayers. This different treatment of married persons has elicited criticism over the years. Some of the more salient criticisms include that married persons do not necessarily function as an economic unit, that joint filing discourages women from working, and that the various exclusions from the joint filing regime—including gay couples—is unfair.

This Article looks at joint filing through the …

Law And Discretion In The Supreme Court: A Response To Professor Lubet, Barry Sullivan

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No abstract provided.

Inflammatory Speech: Outrage Versus Intimidation, Alexander Tsesis

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No abstract provided.

Mutual Funds, Fairness, And The Income Gap, Samuel D. Brunson

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The rich, it turns out, are different from the rest of us. The wealthy, for example, can assemble a diversified portfolio of securities or can invest through hedge and private equity funds. When the rest of us invest, we do so largely through mutual funds. Nearly half of American households own mutual funds, and mutual funds represent a significant portion of the financial assets held by U.S. households.

The tax rules governing mutual funds create an investment vehicle with significantly worse tax treatment than investments available to the wealthy. In particular, the tax rules governing mutual funds force shareholders to …

Educating The Invincibles: Strategies For Teaching The Millennial Generation In Law School, Emily Benfer, Colleen F. Shanahan

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Each new generation of law students presents its own set of challenges for law teachers seeking to develop competent and committed members of the legal profession. This article aims to train legal educators to recognize their students' generational learning style and to deliver a tailored education that supports the development of skilled attorneys. To help legal educators better understand the newest generation of law students, this article explores the traits associated with the Millennial Generation of law students, including their perspective on themselves and others, on education and on work. It then provides detailed and specific strategies for teaching millennial …

The Aaml Child Custody Evaluation Standards: Bridging Two Worlds, Child Custody Evaluation Standards, Sacha M. Coupet

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No abstract provided.

What Price Liberty: The Search For Equality For Kinship-Caregiving Families, Sacha M. Coupet

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No abstract provided.

A Mystery Statute Approach: How To Teach And Test The Legal Skill Of Statutory Interpretation, Cynthia M. Ho

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No abstract provided.

A Trinity Of Viewpoints On The Moral Perspective In The Public Square: Murray, Kennedy, And Cuomo, Robert J. Araujo S.J.

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No abstract provided.

Forward Special Edition: “Innovations In Public Health Law: Exploring New Strategies”, Lawrence E. Singer

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No abstract provided.

Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Opportunities, Diane C. Geraghty

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No abstract provided.

Mission Creep Or A Search For Relevance: The East African Court Of Justice’S Human Rights Strategy, James T. Gathii

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No abstract provided.

The Naprapath In The Rainforest, John D. Blum

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No abstract provided.