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Articles 31 - 60 of 356
Full-Text Articles in Law
Carbon Dioxide: Our Newest Pollutant, Richard A. Epstein
Carbon Dioxide: Our Newest Pollutant, Richard A. Epstein
Articles
No abstract provided.
Foreign Sovereign Immunity And Domestic Officer Suit, Curtis A. Bradley, Jack L. Goldsmith
Foreign Sovereign Immunity And Domestic Officer Suit, Curtis A. Bradley, Jack L. Goldsmith
Articles
We recently argued in these pages that international law treats official-capacity suits brought against a foreign state’s officers as suits against the state itself and thus as subject to the state’s immunity, even in suits alleging human rights abuses.1 This immunity regime under international law differs from the immunity regime that applies in the United States in suits brought against state and federal officials for violations of federal law. Despite the federal government’s sovereign immunity and the immunity of state governments under Eleventh Amendment jurisprudence, courts often allow suits against federal and state officers for their official actions. While …
The Social, Psychological, And Political Causes Of Racial Disparities In The American Criminal Justice System, Michael Tonry
The Social, Psychological, And Political Causes Of Racial Disparities In The American Criminal Justice System, Michael Tonry
Articles
No abstract provided.
Predicting Crime, M. Todd Henderson, Justin Wolfers, Eric Zitzewitz
Predicting Crime, M. Todd Henderson, Justin Wolfers, Eric Zitzewitz
Articles
Prediction markets have been proposed for a variety of public policy purposes, but no one has considered their application in perhaps the most obvious policy area.: crime. This Article proposes and examines the use of prediction markets to forecast crime rates and the potential impact on crime policy, such as changes in resource allocation, policing strategies, sentencing, post-conviction treatment, and so on. First, we argue that prediction markets are especially useful in crime rate forecasting and criminal policy analysis because information relevant to decisionmakers is voluminous, dispersed, and difficult to process efficiently. After surveying the current forecasting practices and techniques, …
Economic Costs Of Inequality, Richard H. Mcadams
Nra V. City Of Chicago : Does The Second Amendment Bind Frank Easterbrook?, Richard A. Epstein
Nra V. City Of Chicago : Does The Second Amendment Bind Frank Easterbrook?, Richard A. Epstein
Articles
No abstract provided.
Against Feasibility Analysis, Jonathan Masur, Eric A. Posner
Against Feasibility Analysis, Jonathan Masur, Eric A. Posner
Articles
Feasibility analysis, a method of evaluating government regulations, has emerged as the major alternative to cost-benefit analysis. Although regulatory agencies have used feasibility analysis (in some contexts called "technology-based" analysis) longer than cost-benefit analysis, feasibility analysis has received far less attention in the scholarly literature. In recent years; however, critics of cost-benefit analysis have offered feasibility analysis as a superior alternative. We advance the debate by uncovering the analytic structure of feasibility analysis and its normative premises, and then criticizing them. Our account builds on two examples of feasibility analysis, one conducted by OSHA and the other by EPA. We …
The Judiciary And The Academy: A Fraught Relationship, Richard A. Posner
The Judiciary And The Academy: A Fraught Relationship, Richard A. Posner
Articles
No abstract provided.
Constitutions And Capabilities: A (Necessarily) Pragmatic Approach, Diane P. Wood
Constitutions And Capabilities: A (Necessarily) Pragmatic Approach, Diane P. Wood
Articles
No abstract provided.
A Lot To Ask (Reviewing Martha Nussbaum, From Disgust To Humanity: Sexual Orientation And Constitutional Law (2010)), Mary Anne Case
A Lot To Ask (Reviewing Martha Nussbaum, From Disgust To Humanity: Sexual Orientation And Constitutional Law (2010)), Mary Anne Case
Articles
No abstract provided.
Bankruptcy And Restructuring Of Financial Institutions (Discussion Remarks), Edward Morrison
Bankruptcy And Restructuring Of Financial Institutions (Discussion Remarks), Edward Morrison
Articles
No abstract provided.
Reassessing The State And Local Government Toolkit: Introduction, Julie Roin, Lee Anne Fennell, Richard A. Epstein
Reassessing The State And Local Government Toolkit: Introduction, Julie Roin, Lee Anne Fennell, Richard A. Epstein
Articles
No abstract provided.
The Arbitrator As Agent: Why Deferential Review Is Not Always Pro-Arbitration, Tom Ginsburg
The Arbitrator As Agent: Why Deferential Review Is Not Always Pro-Arbitration, Tom Ginsburg
Articles
No abstract provided.
Low Stakes And Constitutional Interpretation, Adam M. Samaha
Low Stakes And Constitutional Interpretation, Adam M. Samaha
Articles
Many of us engage in debates, sometimes intense debates, over the proper method of constitutional interpretation for judges. This Essay offers six reasons to believe that these debates involve low stakes, in the sense that the choice among competing methods will not determine outcomes in a significant number of important cases. These reasons involve mainstream constraints, overlapping results, indeterminate results, intolerable results, interpretation without decision, and inconsequential decisions. After a suitably brief investigation of theoretical and experimental resources on low-stakes decision making, the Essay suggests how debates over constitutional interpretation by judges might proceed if more people become convinced that …
On Law's Tiebreakers, Adam M. Samaha
On Law's Tiebreakers, Adam M. Samaha
Articles
Tiebreakers are familiar tools for decisionmaking. Ready examples include penalty shootouts in soccer matches and vice presidents breaking tie votes in the Senate. But we lack a precise understanding of the concept and a normative theory for the use of tiebreakers. This Article strictly defines a tiebreaker as a kind of lexically inferior decision rule and then builds justifications for tiebreaking decision structures. Concentrating on situations in which ties are considered intolerable, the Article suggests methods for either preventing ties or designing sensible tiebreakers. As to the latter, tradeoffs are identified for the use of random variables, morally relevant variables, …
Honoring The Legacies Of Justices William J. Brennan, Jr., And Justice Thurgood Marshall, Geoffrey R. Stone
Honoring The Legacies Of Justices William J. Brennan, Jr., And Justice Thurgood Marshall, Geoffrey R. Stone
Articles
No abstract provided.
Academic Fraud Today: Its Social Causes And Institutional Responses, Richard A. Epstein
Academic Fraud Today: Its Social Causes And Institutional Responses, Richard A. Epstein
Articles
No abstract provided.
Antibankruptcy, Douglas G. Baird, Robert K. Rasmussen
Antibankruptcy, Douglas G. Baird, Robert K. Rasmussen
Articles
In large Chapter 11 cases, the prototypical creditor is no longer a small player holding a claim much like everyone else's, but rather a distressed debt professional advancing her own agenda. Secured creditors are more pervasive and enjoy much more control than they had even a decade ago. Moreover, financial innovation has dramatically increased the complexity of each investor's position. As a result of these and other changes, the legal system now faces a challenge that is much like assembling a city block that has been broken up into many parcels. There exists an anticommons problem, a world in which …
International Agreements, Internal Heterogeneity, And Climate Change: The Two Chinas Problem, Daniel Abebe, Jonathan Masur
International Agreements, Internal Heterogeneity, And Climate Change: The Two Chinas Problem, Daniel Abebe, Jonathan Masur
Articles
No abstract provided.
Pseudonymous Litigation, Lior Strahilevitz
What Feminists Have To Lose In Same-Sex Marriage Litigation, Mary Anne Case
What Feminists Have To Lose In Same-Sex Marriage Litigation, Mary Anne Case
Articles
This Article highlights both the rewards in accepting and the risks in rejecting a claim of sex discrimination as one constitutional basis for invalidating restrictions on marriage for same-sex couples. It argues that recognition of same-sex marriage and elimination of enforced sex roles are as inextricably intertwined as the duck is with the rabbit in the famous optical illusion. As the Article demonstrates, this has long been clear to opponents, from the pope to David Blankenhorn, but needs to become as clear to proponents and to judges deciding same-sex marriage cases if we are to preserve and extend the liberty …
The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner
The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner
Articles
Why do migrants enjoy some of the rights associated with citizenship? Existing accounts typically answer this question in terms of obligation-of a duty on the part of states to confer citizenship. Moreover, scholars tend to lump together the rights conventionally associated with citizenship when they answer this question. In contrast, this Article disaggregates the rights associated with citizenship, asks what both states and migrants want, and inquires into how the suite of rights associated with citizenship might advance those interests. States want to encourage migrants to enter their territory and to make country-specific investments, but states also have an interest …
Judges As Honest Agents, Frank H. Easterbrook
How To Undermine Tax Increment Financing: The Lessons Of City Of Chicago V. Prologis, Richard A. Epstein
How To Undermine Tax Increment Financing: The Lessons Of City Of Chicago V. Prologis, Richard A. Epstein
Articles
This Article examines the appropriate level of constitutional protection against outside governments that condemn property located within a given local municipality that uses tax increment financing (TIF) to fund local improvements The standard TIF arrangement does not provide the TIF lenders with liens against any particular asset, because to do so would be to abandon the tax-exempt status of the municipal bonds that are issued. Yet these agreements guarantee that the local government that issued the bonds will take no steps to compromise their repayment from (incremental) tax dollars. These protections allow TIF bonds to trade in ordinary financial markets. …
Is Carolene Products Obsolete?, David A. Strauss
The Limits Of Textualism: Cooper V. Ibm Personal Pension Plan, Julie Roin
The Limits Of Textualism: Cooper V. Ibm Personal Pension Plan, Julie Roin
Articles
No abstract provided.
The Second Great Awakening: A Christian Nation?, Geoffrey R. Stone
The Second Great Awakening: A Christian Nation?, Geoffrey R. Stone
Articles
No abstract provided.
The Cost Of Time: Haphazard Discounting And The Undervaluation Of Regulatory Benefits, Arden Rowell
The Cost Of Time: Haphazard Discounting And The Undervaluation Of Regulatory Benefits, Arden Rowell
Articles
When performing cost-benefit analyses, regulators typically use willingness- to-pay studies to determine how much to spend to avert risks. Because money has a time-value, when a risk is valued is inextricable from how much it is valued. Unfortunately, the studies on which regulators rely are insensitive to this fact: they elicit people's willingness to pay for risk reductions without identifying the time at which the risk reduction will occur. Relying on these time-indeterminate studies has led to a systematic skew in regulatory cost-benefit analysis, toward the undervaluation of risks to human lives. Insofar as cost-benefit analyses inform regulation, this suggests …
Bleak Prospects: How Health Care Reform Has Failed In The United States, Richard A. Epstein
Bleak Prospects: How Health Care Reform Has Failed In The United States, Richard A. Epstein
Articles
This Article examines the probable fate that awaits the systematic implementation of ObamaCare. Any effort to pile a massive new transfer and entitlement program on top of a hundred years of previous reforms is likely to fall prey to the law of diminishing marginal utility of additional forms of government intervention. That consequence is all the more likely for legislation that has strong redistributivist objectives but which lacks any techniques for dealing with the massive costs increases embedded in the program. A recent history of the Massachusetts health care initiative provides some indication of the inability to constrain costs except …
Lincoln The Dictator, Dennis J. Hutchinson