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Articles 151 - 180 of 10167
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Criminal Procedure In A Time Of Abolition, Adam Davidson
Criminal Procedure In A Time Of Abolition, Adam Davidson
Articles
No abstract provided.
How Are Ideologies False? A Reconstruction Of The Marxian Concept, Brian Leiter
How Are Ideologies False? A Reconstruction Of The Marxian Concept, Brian Leiter
Articles
No abstract provided.
Gender Equality In World Athletics: Transnational Norm Development By Private International Organizations, Michele Krech
Gender Equality In World Athletics: Transnational Norm Development By Private International Organizations, Michele Krech
Articles
No abstract provided.
A Natural Law Approach To Parental Rights, Richard Epstein
A Natural Law Approach To Parental Rights, Richard Epstein
Articles
No abstract provided.
Fraudulent Transfer Law’S Forgotten Foundations, Douglas G. Baird
Fraudulent Transfer Law’S Forgotten Foundations, Douglas G. Baird
The University of Chicago Business Law Review
Fraudulent transfer law is one of the principal bulwarks of private law. Fraudulent transfer law, however, now faces a crisis. Courts have long assumed that it was easy to determine whether a debtor made a fraudulent transfer of its property. One could use traditional markers of ownership to determine whether the debtor transferred property to a confederate. But today, most assets are intangible. Transactions happen in the blink of an eye, and they take place entirely on corporate books. Reliance on simple notions of what constitutes a “transfer” of property is wholly inadequate. Understanding what it means for a debtor …
Risk, Return, And Restoration: A Fundamental Approach To Pre-Judgment Interest, Yijia Lu, Scott Vincent
Risk, Return, And Restoration: A Fundamental Approach To Pre-Judgment Interest, Yijia Lu, Scott Vincent
The University of Chicago Business Law Review
Courts routinely miscalculate pre-judgment interest, thereby failing to fully restore injured parties. Because pre-judgment interest can be substantial—often rivaling or even exceeding the underlying award—errors in its calculation are important and may create distorted incentives, promote opportunistic behavior, and suppress investment and economic activity. These errors often stem from reliance on speculation to determine the costs covered by interest. This Article argues that such speculation is unnecessary. The litigation claim is identified as the asset which has burdened the injured party with risks and costs imposed by the wrongful act, eliminating the need to rely on a hypothetical asset to …
Textualism As A Pro-Employee Force In Employment Discrimination Law, Alex Reed
Textualism As A Pro-Employee Force In Employment Discrimination Law, Alex Reed
The University of Chicago Business Law Review
Textualism has gotten a bad rap, at least insofar as employment discrimination law is concerned. Derided by antidiscrimination scholars as an interpretive smokescreen concerned less with faithfully construing statutory text than reliably yielding pro-employer results, textualism is understood to pose an existential threat to employment discrimination law. This Article challenges academic orthodoxy by demonstrating that, in practice, textualism is correlated with employee-favorable outcomes. Specifically, the Article examines a subset of the Supreme Court’s major employment discrimination cases over the past thirty years and finds that textualism is twice as likely to be associated with outcomes benefiting employees than it is …
A Commitment Rule For Insolvency Forum, Anthony J. Casey, Aurelio Gurrea-Martínez, Robert K. Rasmussen
A Commitment Rule For Insolvency Forum, Anthony J. Casey, Aurelio Gurrea-Martínez, Robert K. Rasmussen
The University of Chicago Business Law Review
In this Article, we propose a new rule for determining the proper forum for insolvency proceedings. Currently, the Model Law on Cross-Border Insolvency (Model Law)—promulgated by the United Nations Commission on International Trade Law (UNCITRAL)—looks to a debtor’s center of main interest (COMI) to determine the proper forum for a foreign main insolvency proceeding. This rule is flawed. It is both inflexible and manipulable. It is also indeterminate and neither requires nor allows advance commitment by debtors. As a result, it leads to uncertainty, increases litigation costs, and opens the door to opportunistic manipulation by debtors. These costs, in turn, …
The Cost Of Qui Tam: Assessing The Constitutional Challenges To The False Claims Act, Jonathan Coleman
The Cost Of Qui Tam: Assessing The Constitutional Challenges To The False Claims Act, Jonathan Coleman
The University of Chicago Business Law Review
The federal government’s most powerful tool for combating fraud is the False Claims Act (FCA). The statute targets individuals and entities that submit fraudulent claims for government funds, particularly in healthcare—where it addresses Medicare and Medicaid fraud—and in government contracting, including defense industry overpayments. FCA violators must repay up to three times the government’s losses, along with additional penalties. A key feature of the FCA is its qui tam provision, which allows private citizens, known as relators, to sue violators on behalf of the United States. The statute incentivizes whistleblowing by granting relators 15% to 30% of any successful recovery. …
Corporate Law Competition In The Eu Revisited: Italian Corporations Moving North And The Missing German Spacs, Ben W. Fuhrman
Corporate Law Competition In The Eu Revisited: Italian Corporations Moving North And The Missing German Spacs, Ben W. Fuhrman
The University of Chicago Business Law Review
This Article analyzes recent developments in European corporate law to argue that a Corporate Law Competition is emerging in the EU. For nearly half a century, scholars in the U.S. have engaged in a debate about a Corporate Law Competition between U.S. states and its various implications. In the late 1990s and the early 2000s, the European Court of Justice rendered a series of liberalizing decisions that broke with the long-standing prohibition on corporate mobility in the EU. Despite these judgements, scholars generally assert that there is no Corporate Law Competition among EU member states. This Article challenges such consensus …
The Political Carbon Cycle, Dhruv Chand Aggarwal
The Political Carbon Cycle, Dhruv Chand Aggarwal
The University of Chicago Business Law Review
Democrats and Republicans strongly disagree about climate policy. This Article explains how these political disagreements can affect greenhouse gas emissions of private-sector corporations. Combining a hand-collected dataset tracking the careers of U.S. state governors over two decades and a proprietary emissions database, I find that companies release more greenhouse gas emissions when their headquarter state has a Republican governor. To establish a causal connection between gubernatorial partisanship and corporate emissions, I analyze the effect of close elections. After a Republican replaces a Democratic governor in a closely contested election, which cannot be easily predicted in advance, companies headquartered in that …
Generative Ai Meets Section 230: The Future Of Liability And Its Implications For Startup Innovation, Megan E. Cistulli
Generative Ai Meets Section 230: The Future Of Liability And Its Implications For Startup Innovation, Megan E. Cistulli
The University of Chicago Business Law Review
The rapid advancement of generative artificial intelligence (AI) is testing the limits of Section 230 of the Communications Decency Act, a statute that has long shielded online platforms from liability for user-generated content. This liability shield helped shape the modern internet, but AI’s ability to create its own content blurs the traditional distinction between platforms acting as passive hosts and those functioning as active publishers. As a result, courts and lawmakers are reexamining the scope and future of Section 230. This Comment examines how proposed reforms to Section 230 could impact startups and emerging tech companies that use generative AI …
Bankruptcy Judging After Williamson, Vincent S.J. Buccola
Bankruptcy Judging After Williamson, Vincent S.J. Buccola
Coase-Sandor Institute for Law & Economics Research Paper Series
This Essay asks how bankruptcy judges ought to orient their substantial, statutory discretion in business reorganization cases. The motivating observation is that bankruptcy law enacts a kind of forced integration of productive assets. To shed light on the contemporary problems that bankruptcy judges face, I thus look to two classic approaches to the economic theory of the firm-from Oliver Williamson and from Oliver Hart. I conclude that nonjudicial institutions have largely surmounted the problems to which their theories point, leaving a different, and probably narrower, set of issues to worry about. Bankruptcy judges who have a notion that their job …
The Economics Of Healthcare Fraud, Jetson Leder-Luis, Anup Malani
The Economics Of Healthcare Fraud, Jetson Leder-Luis, Anup Malani
Public Law and Legal Theory Working Papers
Healthcare fraud imposes a sizable cost on U.S. public healthcare budgets and distorts health care provision. We examine the economics of health care fraud and enforcement using theory and data and connect to a growing literature on the topic. We first offer a new economic definition of health care fraud that captures and connects the wide range of activities prosecuted as fraud. We define fraud as any divergence between the care an insurer says a patient qualifies for, the care a provider provides, and the care a provider bills for. Our definition clarifies the economic consequences of different categories of …
Islands Of Algorithmic Integrity: Imagining A Democratic Digital Public Sphere, Aziz Z. Huq
Islands Of Algorithmic Integrity: Imagining A Democratic Digital Public Sphere, Aziz Z. Huq
Public Law and Legal Theory Working Papers
This essay offers a new analytic lens for evaluating the design of digital platforms from the perspective of democratic values. It develops a model of desirable platform design, and them ask present legal interventions move is toward that aspiration. The aspirational model is not draws on an idea found in the scholarly literatures in political science and sociology about economic development . This is the notion that development policy should aim to seed “islands of integrity,” into patrimonial or nepotistic state structures as a way of building foundations for a more robust and hence public-regarding state apparatus. This literature explores …
Structural Logics Of Presidential Immunity, Aziz Z. Huq
Structural Logics Of Presidential Immunity, Aziz Z. Huq
Public Law and Legal Theory Working Papers
In Trump v. United States, the Supreme Court wrought two new presidential immunities from criminal prosecution. Supplemented by a pair of penumbral evidentiary rules, these inhibit criminal indictment or conviction of the president, and indeed many subordinate officials, across many imaginable fact-patterns. The Court justified this result on consequentialist, not originalist or precedential, grounds. But its analysis of immunity’s effects was radically incomplete. It focused narrowly on the person of the president, eschewing any attempt to situate or relate that individual’s incentives and behavior to the wider institutional contexts of the executive branch at large or the partisan-political environment of …
Stubhub For Courts? Technology, Markets, And New Solutions To Court Congestion, Ronen Avraham, William H. J. Hubbard
Stubhub For Courts? Technology, Markets, And New Solutions To Court Congestion, Ronen Avraham, William H. J. Hubbard
Public Law and Legal Theory Working Papers
Rescheduling of court hearings is ubiquitous but virtually ignored by academic scholarship. This is so, despite its contributions to court congestion, a perennial problem for courts that has been the subject of repeated, and repeatedly unsuccessful, efforts at reform. In this Article, we aim to show that rescheduling merits scholarly attention, and by diagnosing why and how it contributes to court congestion and delay, we both explain why most efforts at reducing delay fail and identify new possibilities for speeding up dockets. We draw inspiration from online platforms such as StubHub and SpareFare, technologies that have facilitated rescheduling through easy-to-use …
Owning Marriage In Robinson's Gilead Novels, Lee Anne Fennell
Owning Marriage In Robinson's Gilead Novels, Lee Anne Fennell
Public Law and Legal Theory Working Papers
No abstract provided.
The Society Cases, Adam A. Davidson
The Society Cases, Adam A. Davidson
Public Law and Legal Theory Working Papers
No abstract provided.
Extradition In The Early Republic: International Law And Constitutional Authority, Curtis Bradley
Extradition In The Early Republic: International Law And Constitutional Authority, Curtis Bradley
Public Law and Legal Theory Working Papers
This Article is the first comprehensive account of the constitutional foundations of U.S. extradition practice and its relationship to international law. Through detailed analysis of early American extradition controversies—including the Longchamps Affair and the Robbins case—the Article shows how political actors and courts constructed the modern constitutional law of extradition, resolving key issues concerning presidential power, the role of the states, and the scope of congressional authority. This regime, the Article argues, emerged not from appeals to the constitutional text or original understandings, but rather from structural intuitions, consequentialist considerations, and, as time went on, historical traditions. As the Article …
Presidential Brokering In The Regulatory State, Jennifer Nou
Presidential Brokering In The Regulatory State, Jennifer Nou
Public Law and Legal Theory Working Papers
Presidents seeking to make regulatory policy face formidable hurdles—most recently, heightened litigation risk, reduced judicial deference, and political polarization. In response, they have increasingly relied upon the Executive Office of the President (“EOP”) to manage these challenges. This Foreword spotlights the practice of presidential brokering, a structured process often led by White House policy councils such as the Domestic Policy Council and National Economic Council. Brokering involves the delegated authority to generate and test regulatory options through moderated deliberation with the rulemaking agency and other components of the EOP, ultimately shaping select rules to align with the highest presidential priorities. …
Forced Migration And Women's Empowerment: Evidence From Rohingya Refugees, Adam Chilton, Katerina Linos, Anup Malani
Forced Migration And Women's Empowerment: Evidence From Rohingya Refugees, Adam Chilton, Katerina Linos, Anup Malani
Public Law and Legal Theory Working Papers
We explore a puzzle: high levels of satisfaction among forcibly displaced Rohingya women in informal camps in Hyderabad, India. Despite experiencing extreme poverty, loss of family and community, and high levels of gender-based violence after resettlement, both men and women—particularly women—report significant increases in satisfaction. We structured a representative household survey, employed a trusted female Muslim interviewer with deep ties to the local community, interviewed comparable numbers of men and women, and embedded list experiments in our questionnaire, to allow people to answer sensitive questions indirectly. We attribute this paradoxical finding to increased freedom post-resettlement, facilitated by economic, legal, and …
Bargaining In The Shadow Of The Efaa, Samuel Cole
Bargaining In The Shadow Of The Efaa, Samuel Cole
Public Law and Legal Theory Working Papers
No abstract provided.
A Meditation On The Thirteenth Amendment And Constitutional Redemption, Darrell A.H. Miller
A Meditation On The Thirteenth Amendment And Constitutional Redemption, Darrell A.H. Miller
Public Law and Legal Theory Working Papers
No abstract provided.
Remedies In The Officer Removal Cases, Samuel L. Bray
Remedies In The Officer Removal Cases, Samuel L. Bray
Public Law and Legal Theory Working Papers
When an officer challenges her removal by the president, what relief is available? This Article shows that the appropriate remedy will typically be a declaratory judgment. The interim relief question is harder. The suggestion here is that if an officer sues immediately to challenge her removal, there should be a presumption that the federal courts will prevent her removal during the pendency of the litigation. Otherwise, the presumption should be against interim relief. This approach is grounded in the principles of equity, and it prevents “flipping” back and forth in who occupies the office during the litigation.
The Reception Of Novella, Daughter Of The Bolognese Jurist Giovanni D'Andrea, In Christine De Pizan's City Of Ladies, Mary Anne Case
The Reception Of Novella, Daughter Of The Bolognese Jurist Giovanni D'Andrea, In Christine De Pizan's City Of Ladies, Mary Anne Case
Public Law and Legal Theory Working Papers
Although the announced theme of Book 2, Chapter 36 of the Livre de la cité des dames is “against those men who claim it is not good for women to be educated,” a clear subtheme is filiation, since each of the three learned women on whom the chapter focuses – Hortensia, Novella, and Christine herself – is educated by her learned father. As it happens, the three women also have in common that they used their learning to defend their sex, but, interestingly, the chapter only discusses this “support for the cause of women” with respect to one of them, …
Algorithmic Selection Of Iconic Constitutions, Tejas Ramdas, Patrick Chung-Chia Huang, Nuno Garoupa, Martin T. Wells, Yun-Chien Chang, Tom Ginsburg
Algorithmic Selection Of Iconic Constitutions, Tejas Ramdas, Patrick Chung-Chia Huang, Nuno Garoupa, Martin T. Wells, Yun-Chien Chang, Tom Ginsburg
Public Law and Legal Theory Working Papers
This chapter examines the influence of pre-20th century constitutions using a quantitative approach, comparing expert-selected “iconic” constitutions with those identified algorithmically. In prior work, human experts identified four influential constitutions: the U.S. 1791, France 1791, Spain 1812, and France 1848. Here, we employ a genetic algorithm and Document Term Matrix (DTM) analysis to assess which one or four of 180 pre-1899 constitutions had the greatest textual impact on 581 post-1900 constitutions. Two criteria guide the selection: coverage and originality. Through iterative optimization, the algorithm identifies the most textually influential constitutions, allowing for a direct comparison with expert selections. This chapter …
Do Constitutional Unamendability Rules Make A Difference?, Adam Chilton, Mila Vertseeg
Do Constitutional Unamendability Rules Make A Difference?, Adam Chilton, Mila Vertseeg
Public Law and Legal Theory Working Papers
Leaders often try to amend constitutions to remove checks on their powers. To help protect against such democratic erosion, constitutional drafters and jurists sometimes restrict constitutional amendments by: (1) specifying in the constitutional text that certain clauses or principles can never be changed (“Eternity Clauses”); (2) granting apex courts the power to review the procedural validity of amendment processes (“Amendment Review”); or (3) developing judicial doctrines that block amendments that change the constitution’s nature (“Unamendability Doctrines”). But are unamendability rules actually associated with differences in countries’ levels of democracy? We argue that Eternity Clauses are likely to emerge in conditions …
Fear Of Balancing, William Baude
Fear Of Balancing, William Baude
Public Law and Legal Theory Working Papers
As a new Supreme Court majority settles into a new era of constitutional adjudication, the Justices will confront important methodological questions. How are they to go about interpreting the Constitution? In the Second Amendment case of United States v. Rahimi,1 many of the Justices wrote separately to debate broader methodological questions about constitutional interpretation. They expressed a shared desire to turn away from judicial “balancing” of interests in adjudicating constitutional rights in favor of founding-era understandings. That is a healthy instinct, but founding-era understandings may in truth lead to balancing, so maintaining an originalist approach and an opposition to balancing …
Scrutinizing Sex, Jessica A. Clarke
Scrutinizing Sex, Jessica A. Clarke
University of Chicago Law Review
Critics of the Supreme Court’s equal protection jurisprudence despair that the Court conceives of discrimination as the mere classification of individuals on for- bidden grounds, such as race and sex, rather than systemic patterns of subordination. On the Court’s anticlassification theory, affirmative action, which relies on overt racial or gender classifications, is generally forbidden. Anticlassification rules are insensitive to context: a classification is a classification, no matter how well intentioned it might be, no matter what effects it might have, and no matter if it treats members of various groups in ways that are substantively equal. Whether a classification might …