Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Behavioral assumptions (1)
- Bell Atlantic Corp. v. Twombly (1)
- Business associations (1)
- Citizens United (1)
- Civil procedure (1)
-
- Corporate constitutional rights (1)
- Corporate personhood (1)
- Corporate rights (1)
- Corporate theory (1)
- Crime (1)
- Dartmouth College (1)
- Derivative rights (1)
- Deterrence (1)
- Discounting (1)
- Empirical legal studies (1)
- Federal Rule 12(b)(6) (1)
- Hobby Lobby (1)
- Incentives (1)
- Iqbal v. Ashcroft (1)
- Litigation (1)
- Motion to dismiss (1)
- Multivariate models (1)
- Punishment (1)
- Risk (1)
- Santa Clara (1)
- Selection effects (1)
- Statistical methodology (1)
Articles 1 - 3 of 3
Full-Text Articles in Legal Studies
Discounting And Criminals' Implied Risk Preferences, Murat C. Mungan, Jonathan Klick
Discounting And Criminals' Implied Risk Preferences, Murat C. Mungan, Jonathan Klick
All Faculty Scholarship
It is commonly assumed that potential offenders are more responsive to increases in the certainty than increases in the severity of punishment. An important implication of this assumption within the Beckerian law enforcement model is that criminals are risk-seeking. This note adds to existing literature by showing that offenders who discount future monetary benefits can be more responsive to the certainty rather than the severity of punishment, even when they are risk averse, and even when their disutility from imprisonment rises proportionally (or more than proportionally) with the length of the sentence.
The Derivative Nature Of Corporate Constitutional Rights, Margaret M. Blair, Elizabeth Pollman
The Derivative Nature Of Corporate Constitutional Rights, Margaret M. Blair, Elizabeth Pollman
All Faculty Scholarship
This Article engages the two hundred year history of corporate constitutional rights jurisprudence to show that the Supreme Court has long accorded rights to corporations based on the rationale that corporations represent associations of people from whom such rights are derived. The Article draws on the history of business corporations in America to argue that the Court’s characterization of corporations as associations made sense throughout most of the nineteenth century. By the late nineteenth century, however, when the Court was deciding several key cases involving corporate rights, this associational view was already becoming a poor fit for some corporations. The …
Can We Learn Anything About Pleading Changes From Existing Data?, Jonah B. Gelbach
Can We Learn Anything About Pleading Changes From Existing Data?, Jonah B. Gelbach
All Faculty Scholarship
In light of the gateway role that the pleading standard can play in our civil litigation system, measuring the empirical effects of pleading policy changes embodied in the Supreme Court's controversial Twombly and Iqbal cases is important. In my earlier paper, Locking the Doors to Discovery, I argued that in doing so, special care is required in formulating the object of empirical study. Taking party behavior seriously, as Locking the Doors does, leads to empirical results suggesting that Twombly and Iqbal have had substantial effects among cases that face Rule 12(b)(6) motions post-Iqbal. This paper responds to …