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Full-Text Articles in Law
Properties Of Concentration, Lee Anne Fennell
Do Judges Make Regulatory Policy? - An Empirical Investigation Of Chevron, Thomas J. Miles, Cass R. Sunstein
Do Judges Make Regulatory Policy? - An Empirical Investigation Of Chevron, Thomas J. Miles, Cass R. Sunstein
Articles
In the past quarter century, the Supreme Court has legitimated agency authority to interpret regulatory legislation, above all in Chevron U.S.A., Inc v Natural Resources Defense Council, Inc, the most cited case in modern public law. Chevron recognizes that the resolution of statutory ambiguities often requires judgments of policy; its call for judicial deference to reasonable interpretations was widely expected to have eliminated the role of policy judgments in judicial review of agency interpretations of law. But this expectation has not been realized. On the Supreme Court, conservative justices vote to validate agency decisions less often than liberal justices. Moreover, …
Chevronizing Foreign Relations Law, Eric A. Posner, Cass R. Sunstein
Chevronizing Foreign Relations Law, Eric A. Posner, Cass R. Sunstein
Articles
A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, courts usually interpret ambiguous statutes to conform to international law and understand them not to apply outside of the nation's territorial boundaries. The international comity doctrines are best understood as a product of a judicial judgment that in particular contexts the costs of deference to foreign interests are lower than the benefits to American interests. Sometimes Congress balances these considerations and incorporates its judgment in a statute, but usually it does not. In such cases, executive interpretations …
A Lawyer's Responsibility: Protecting Civil Liberties In Wartime, Geoffrey R. Stone
A Lawyer's Responsibility: Protecting Civil Liberties In Wartime, Geoffrey R. Stone
Articles
No abstract provided.
On The Stickiness Of Default Rules, Omri Ben-Shahar, John A. E. Pottow
On The Stickiness Of Default Rules, Omri Ben-Shahar, John A. E. Pottow
Articles
No abstract provided.
How To Rank Law Schools, Brian Leiter
Israel's Legal Obligations To Gaza After The Pullout, Nicholas Stephanopoulos
Israel's Legal Obligations To Gaza After The Pullout, Nicholas Stephanopoulos
Articles
No abstract provided.
Reconstructing Richard Epstein, Eduardo Peñalver
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 …
Ethics And Corruption In Business And Government: Interdependence And Adverse Consequences, Richard Painter
Ethics And Corruption In Business And Government: Interdependence And Adverse Consequences, Richard Painter
Fulton Lectures
No abstract provided.
Bundling And Consumer Misperception, Oren Bar-Gill
Bundling And Consumer Misperception, Oren Bar-Gill
University of Chicago Law Review
This Essay studies bundling of two (or more) products as a strategic response to consumer misperception. In contrast to the bundling and tying studied in the antitrust literature-strategies used by a seller with market power in market A trying to leverage its market power into market B-bundling in response to consumer misperception may occur in intensely competitive markets. The analysis demonstrates that such competitive bundling can be either welfare enhancing or welfare reducing. The Essay considers several "unbundling policies" that can protect consumers and increase welfare in markets where bundling is undesirable.
Masthead, Cjil Editors
Burkean Minimalism, Cass R. Sunstein
Burkean Minimalism, Cass R. Sunstein
Public Law and Legal Theory Working Papers
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 …
Should We Aggregate 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
Public Law and Legal Theory Working Papers
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
Public Law and Legal Theory Working Papers
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 …