Digital Commons Network^™

Optimal Class Size, Dukes, And The Funny Thing About Shady Grove, William Hubbard

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No abstract provided.

Plea Bargaining Is A Shadow Market, Frank H. Easterbrook

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No abstract provided.

Policing Immigration, Thomas J. Miles, Adam B. Cox

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No abstract provided.

Precontractual Disclosure Duties Under The Common European Sales Law, Douglas G. Baird

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No abstract provided.

Regulatory Techniques In Consumer Protection: A Critique Of European Consumer Contract Law, Omri Ben-Shahar, Oren Bar-Gill

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No abstract provided.

Rethinking The Costs Of International Delegations, Daniel Abebe

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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

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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

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No abstract provided.

The Meaning Of The Seventeenth Amendment And A Century Of State Defiance, Zachary D. Clopton, Steven E. Art

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Nearly a century ago, the Seventeenth Amendment to the U.S. Constitution worked a substantial change in American government, dictating that the people should elect their senators by popular vote. Despite its significance, there has been little written about what the Amendment means or how it works. This Article provides a comprehensive interpretation of the Seventeenth Amendment based on the text of the Amendment and a variety of other sources: historical and textual antecedents, relevant Supreme Court decisions, the complete debates in Congress, and the social and political factors that led to this new constitutional provision. Among other things, this analysis …

The Supreme Court And Celebrity Culture, Richard A. Posner

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No abstract provided.

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

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No abstract provided.

When To Overthrow Your Government: The Right To Resist In The World's Constitutions, Tom Ginsburg, Daniel Lansberg-Rodriguez, Mila Versteeg

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No abstract provided.

Reverse Regulatory Arbitrage: An Auction Approach To Regulatory Assignments, M. Todd Henderson, Frederick Tung

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In the years before the Financial Crisis, banks got to pick their regulators, engaging in a form of regulatory arbitrage that we now know was a race to the bottom. We propose to turn the tables on the banks by allowing regulators—specifically, bank examiners—to choose the banks they regulate. We call this "reverse regulatory arbitrage," and we think it can help improve regulatory outcomes. Building on our prior work that proposes to pay bank examiners for performance—by giving them financial incentives to avoid bank failures—we argue that bank supervisory assignments should be set through an auction among examiners. Examiner bidding …

Reversible Rewards, Omri Ben-Shahar, Anu Bradford

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No abstract provided.

The Constitution Of The Second Generation, Alison Lacroix

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In his new book, Akhil Amar describes the "unwritten Constitution" as a set of values, customs, and beliefs that are crafted and revealed over time, and which inform the interpretation and application of the Constitution. Amar's account centers on four key moments in United States history: the founding, Reconstruction, the New Deal, and the civil rights revolution of the 1960s, leaving relatively unexplored an essential period of existential, adolescent crisis: the early nineteenth century. Using a 1830 exchange between James Madison and Martin Van Buren as a case study, this Article discusses the significance of the period between 1815 and …

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

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No abstract provided.

A Type- And Control-Flow Analysis For System F: Technical Report, Matthew Fluet

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We present a monovariant flow analysis for System F (with recursion). The flow analysis yields both control-flow information, approximating the λ- and Λ-expressions that may be bound to variables, and type-flow information, approximating the type expressions that may instantiate type variables. Moreover, the two flows are mutually beneficial: the control flow determines which Λ-expressions may be applied to which type expressions (and, hence, which type expressions may instantiate which type variables), while the type flow filters the λ- and Λ-expressions that may be bound to variables (by rejecting expressions with static types that are incompatible with the static type of …

The Servicescape As An Antecedent To Service Quality And Behavioral Intentions, Daire Hooper, Joseph Coughlan, Michael Mullen

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Purpose: The purpose of this paper is to examine whether the servicescape should be subsumed as a dimension within service quality conceptualizations or whether it is a unique construct in itself which precedes service quality evaluations and behavioral intentions. We both propose and operationalize this model and in doing so make a theoretical contribution by demonstrating how a delineation between these two constructs is necessary in order for theory to progress in this area.

Design/methodology/approach: A total of 355 customers were intercepted as they exited a retail store and surveyed using a structured questionnaire. The data was then analyzed using …

Knight's Tours On Cylindrical And Toroidal Boards With One Square Removed, Amanda M. Miller, David L. Farnsworth

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No abstract provided.

More Than Primary Sources: Teaching About The Archival Profession As A Method Of K-12 Outreach, Eleanor Dickson, Matthew J. Gorzalski

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Traditional archival outreach methods for K-12 students teach children how to be historians-not archivists-by emphasizing critical thinking skills and document analysis. In contrast, K-12 outreach in the field of archaeology simultaneously emphasizes archaeological work, historical analysis, and critical thinking. This article examines both the archival and archaeological K-12 outreach models and draws from one author's experiences at The History Center in Diboll, Texas, to suggest changes to archival K-12 outreach that will leverage the profession's preexisting interactions with students to advocate for archives.

Back To The Future: The In Loco Parentis Doctrine And Its Impact On Whether K-12 Schools And Teachers Owe A Fiduciary Duty To Students, John E. Rumel

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No abstract provided.

Opinions Actionable As Securities Fraud, Wendy Gerwick Couture

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This Article proposes a new analytical framework to apply to statements of opinion in securities fraud cases. Although statements of opinion form the basis of some of the most cutting edge securities fraud claims-such as those asserted against securities analysts and credit rating agencies-statements of opinion do not fit squarely within the elements of securities fraud. In particular, three issues arise: (1) When is a statement of opinion false so as to qualify as a misrepresentation? (2) When is a statement of opinion material? (3) And, for that matter, what is the distinction between a statement of fact and a …

Securities Regulation As Gap-Filler: The Example Of Hydraulic Fracturing, Wendy Gerwick Couture

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No abstract provided.

Persons Who Are Not The People: The Changing Rights Of Immigrants In The United States, Geoffrey Heeren

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Non-citizens have fared best in recent Supreme Court cases by piggybacking on federal rights when the actions of states are at issue, or by criticizing agency rationality when federal action is at issue. These two themes-federalism and agency skepticism-have proven in recent years to be more effective litigation frameworks than some individual rights-based theories like equal protection. This marks a substantial shift from the Burger Court era, when similar cases were more likely to be litigated and won on equal protection than on preemption or Administrative Procedure Act theories. This Article describes this shift, considers the reasons for it, and …

Preserving Wealth And Inheritance Through Medicaid Planning For Long-Term Care, John A. Miller

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No abstract provided.

Wealth Transfer Tax Planning For 2013 And Beyond, John A. Miller

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No abstract provided.

Resilience In Transboundary Water Governance: The Okavango River Basin, Barbara Cosens

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When the availability of a vital resource varies between times of overabundance and extreme scarcity, management regimes must manifest flexibility and authority to adapt while maintaining legitimacy. Unfortunately, the need for adaptability often conflicts with the desire for certainty in legal and regulatory regimes, and laws that fail to account for variability often result in conflict when the inevitable disturbance occurs. Additional keys to resilience are collaboration among physical scientists, political actors, local leaders, and other stakeholders, and, when the commons is shared among sovereign states, collaboration between and among institutions with authority to act at different scales or with …

Idahoans Aren't Getting The Legal Help They Need, Patrick D. Costello

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No abstract provided.

New Priorities As The Endangered Species Act Turns 40, Dale Goble

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No abstract provided.

A Look Inside The Butler’S Cupboard: Fiction Writers’ Insights On How The External World Reveals Internal State Of Mind In Appellate Briefs, Cathren Page

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By studying the scene through the eyes of the client and the witnesses, the attorney can not only evoke this psychological subtext, but can also weave relevant and probative details into the statement of facts and the argument and elicit such detail at trial. For instance, in a case involving a car accident, the weather, the temperature, the time of day, the traffic on the road, and the color of the cars, signs, and traffic lights can be relevant as to the degree that a driver was negligent. Similarly, in a case involving child neglect, the smell of a home, …