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Is Texas Hold 'Em A Game Of Chance? A Legal And Economic Analysis, Thomas J. Miles, Steven Levitt, Andrew M. Rosenfield Mar 2013

Is Texas Hold 'Em A Game Of Chance? A Legal And Economic Analysis, Thomas J. Miles, Steven Levitt, Andrew M. Rosenfield

Articles

In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), prohibiting the knowing receipt of funds for the purpose of unlawful gambling. The principal consequence of the UIGEA was the shutdown of the burgeoning online poker industry in the United States. Courts determine whether a game is prohibited gambling by asking whether skill or luck is the "dominant factor" in the game. We argue that courts' conception of a dominant factor— whether chance swamps the effect of skill in playing a single hand of poker—is unduly narrow. We develop four alternative tests to distinguish the impact of skill and …


Personal Jurisdiction And Choice Of Law, Stewart E. Sterk Mar 2013

Personal Jurisdiction And Choice Of Law, Stewart E. Sterk

Articles

The article critiques the Supreme Court's recent personal jurisdiction decisions for failing to provide a clear doctrinal framework, arguing that the Court has oscillated between prioritizing state sovereignty and individual liberty without adequately balancing these interests. The author contends that personal jurisdiction doctrine must evolve to address the complexities of modern, interconnected commerce while protecting both state regulatory power and defendants' reliance interests. The analysis emphasizes the need for a coherent approach that integrates fairness, foreseeability, and sovereign authority in jurisdictional determinations.


Legal Realisms, Old And New, Brian Leiter Feb 2013

Legal Realisms, Old And New, Brian Leiter

Articles

No abstract provided.


Public Dining In Dublin: The History And Evolution Of Gastronomy And Commercial Dining 1700-1900, Máirtín Mac Con Iomaire Jan 2013

Public Dining In Dublin: The History And Evolution Of Gastronomy And Commercial Dining 1700-1900, Máirtín Mac Con Iomaire

Articles

Purpose: This paper provides an overview of the changing food culture ofIreland focusing particularly on the evolution of commercial public dining inDublin 1700-1900, from taverns, coffeehouses and clubs to the proliferation of hotels and restaurants particularly during the latter half of the nineteenth century.

Methods: Using a historical research approach, the paper draws principally on documentary and archival sources, but also uses material culture. Data is analysed using a combination of hermeneutics (Denzin and Lincoln, 2000, O'Gorman, 2010) and textual analysis (Howell and Prevenier, 2001).

Findings: The paper traces the various locations of public dining inDublin 1700-1900 and reveals thatDublin …


Early Literacy And Numeracy Matters, Geraldine French Jan 2013

Early Literacy And Numeracy Matters, Geraldine French

Articles

No abstract provided.


Judicial Independence In Postconflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, David Pimentel Jan 2013

Judicial Independence In Postconflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, David Pimentel

Articles

No abstract provided.


Judicial Roles In Nonjudicial Functions, Tom Ginsburg, Nuno Garoupa Jan 2013

Judicial Roles In Nonjudicial Functions, Tom Ginsburg, Nuno Garoupa

Articles

No abstract provided.


Self-Regulation For The Mortgage Industry, M. Todd Henderson Jan 2013

Self-Regulation For The Mortgage Industry, M. Todd Henderson

Articles

No abstract provided.


Labor Unions: Saviors Or Scourges?, Richard A. Epstein Jan 2013

Labor Unions: Saviors Or Scourges?, Richard A. Epstein

Articles

No abstract provided.


The Impending Iprize Revolution In Intellectual Property Law, Saul Levmore Jan 2013

The Impending Iprize Revolution In Intellectual Property Law, Saul Levmore

Articles

How will intellectual property law change as the economy becomes dominated by services and ideas? This Essay explains why the interest groups and other forces that brought about an expansion of property rights over the last century or two are reconfigured in an economy dominated by ideas. This reconfiguration makes prizes - including grants, subsidies, and various contractual promises - more likely and more attractive than property rights as the means of encouraging innovation. The theory predicts an increase in the use of subsidies and other prizes, rather than patents. These prizes can be of the ex ante kind, offered …


The Questionable Basis Of The Common European Sales Law: The Role Of An Optional Instrument In Jurisdictional Competition, Eric A. Posner Jan 2013

The Questionable Basis Of The Common European Sales Law: The Role Of An Optional Instrument In Jurisdictional Competition, Eric A. Posner

Articles

No abstract provided.


Inside Or Outside The System?, Eric A. Posner, Adrian Vermeule Jan 2013

Inside Or Outside The System?, Eric A. Posner, Adrian Vermeule

Articles

No abstract provided.


Big Law And Big Med: The Deprofessionalization Of Legal And Medical Services, Richard A. Epstein Jan 2013

Big Law And Big Med: The Deprofessionalization Of Legal And Medical Services, Richard A. Epstein

Articles

No abstract provided.


Intellectual Property And The Law Of Contract: The Case Against "Efficient Breach", Richard A. Epstein Jan 2013

Intellectual Property And The Law Of Contract: The Case Against "Efficient Breach", Richard A. Epstein

Articles

No abstract provided.


An (Un)Common Frame Of Reference: An American Perspective On The Jurisprudence Of The Cesl, Lisa Bernstein Jan 2013

An (Un)Common Frame Of Reference: An American Perspective On The Jurisprudence Of The Cesl, Lisa Bernstein

Articles

No abstract provided.


International Law And The Limits Of Macroeconomic Cooperation, Eric A. Posner, Alan O. Sykes Jan 2013

International Law And The Limits Of Macroeconomic Cooperation, Eric A. Posner, Alan O. Sykes

Articles

No abstract provided.


Rethinking The Federal Eminent Domain Power, William Baude Jan 2013

Rethinking The Federal Eminent Domain Power, William Baude

Articles

It is black-letter law that the federal government has the power to take land through eminent domain. This modern understanding, however, is a complete departure from the Constitution’s historical meaning. From the Founding until the Civil War, the federal government was thought to have an eminent domain power only within the District of Columbia and the territories—but not within states. Politicians and judges (including in two Supreme Court decisions) repeatedly denied the existence of such a power, and when the federal government did need to take land, it relied on state cooperation to do so. People during this period refused …


Can Technological Innovation Survive Government Regulation?, Richard A. Epstein Jan 2013

Can Technological Innovation Survive Government Regulation?, Richard A. Epstein

Articles

No abstract provided.


Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton Jan 2013

Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton

Articles

International lawyers are familiar with the concept of extraterritoriality the application of one country's laws to persons, conduct, or relationships outside of that country. Yet the transborder application of law is not limited to international cases. In many states, the presence of indigenous peoples, often within defined borders, creates an analogous puzzle. This Article begins a comparative study of foreign-and native-affairs law by examining the application of domestic laws to foreign facts ("extraterritoriality") and to indigenous peoples, often called "nations" ("extranationality"). Using a distinctive double-comparative perspective, this Article analyzes extraterritoriality and extranationality across three countries: the United States, Canada, and …


Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons Jan 2013

Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons

Articles

No abstract provided.


Harmonization, Heterogeneity And Regulation: Cesl, The Lost Opportunity For Constructive Harmonization, Richard A. Epstein Jan 2013

Harmonization, Heterogeneity And Regulation: Cesl, The Lost Opportunity For Constructive Harmonization, Richard A. Epstein

Articles

No abstract provided.


Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner Jan 2013

Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner

Articles

No abstract provided.


Judicial Opinions And Appellate Advocacy In Federal Courts - One Judge's Views, Richard A. Posner Jan 2013

Judicial Opinions And Appellate Advocacy In Federal Courts - One Judge's Views, Richard A. Posner

Articles

No abstract provided.


Judicial Review And The Law Of Nature, Richard H. Helmholz Jan 2013

Judicial Review And The Law Of Nature, Richard H. Helmholz

Articles

No abstract provided.


On The Interpretability Of Law: Lessons From The Decoding Of National Constitutions, Tom Ginsburg, James Melton, Zachary Elkins, Kalev Leetaru Jan 2013

On The Interpretability Of Law: Lessons From The Decoding Of National Constitutions, Tom Ginsburg, James Melton, Zachary Elkins, Kalev Leetaru

Articles

No abstract provided.


Rethinking The Costs Of International Delegations, Daniel Abebe Jan 2013

Rethinking The Costs Of International Delegations, Daniel Abebe

Articles

A prominent criticism of United States delegations to international institutions—or international delegations—focuses on agency costs. The criticism draws a stark contrast between international delegations and domestic delegations. For domestic delegations to agencies, U.S. congressional, executive, and judicial oversight mechanisms exist to try to ensure agency accountability. Since the agency is democratically accountable, agency costs are low. For international delegations of binding authority to international institutions, however, the conventional wisdom is that oversight mechanisms are absent and the United States cannot monitor the international institution to ensure it acts within its delegated authority. Therefore, in the international context, agency costs are …


The Dynamics Of Contract Evolution, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati Jan 2013

The Dynamics Of Contract Evolution, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati

Articles

Contract scholarship has given little attention to the production process for contracts. The usual assumption is that the parties will construct the contract ex nihilo, choosing all the terms so that they will maximize the surplus from the contract. In fact, parties draft most contracts by slightly modifying the terms of contracts that they have used in the past, or that other parties have used in related transactions. A small literature on boilerplate recognizes this phenomenon, but little empirical work examines the process. This Article provides an empirical analysis by drawing on a dataset of sovereign bonds. We show that …


The Institutional Structure Of Immigration Law, Eric A. Posner Jan 2013

The Institutional Structure Of Immigration Law, Eric A. Posner

Articles

No abstract provided.


The Takings Clause And Partial Interests In Land: On Sharp Boundaries And Continuous Distributions, Richard A. Epstein Jan 2013

The Takings Clause And Partial Interests In Land: On Sharp Boundaries And Continuous Distributions, Richard A. Epstein

Articles

No abstract provided.


Children, Violence, Community And The Physical Environment: Foreword To The Special Issue, Kevin Lalor Jan 2013

Children, Violence, Community And The Physical Environment: Foreword To The Special Issue, Kevin Lalor

Articles

No abstract provided.