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Safe Banking: Finance And Democracy, Adam J. Levitin
Safe Banking: Finance And Democracy, Adam J. Levitin
University of Chicago Law Review
Banking is based on two fundamentally irreconcilable functions: safekeeping of deposits and relending of deposits. Safekeeping is meant to be a risk-free function, but using deposits to fund loans inevitably poses risk to deposits, thereby undermining the safekeeping function. The expensive, inefficient, and unreliable apparatus of bank regulation is an attempt to square the circle between safekeeping and lending: government liquidity and deposit insurance facilities, capital and reserve requirements, investment restrictions, and supervisory examinations are all aimed at keeping the risks of the lending function in check so as to ensure the safety of deposits. This Article argues for splitting …
The Knowledge Tax, Michael Simkovic
The Knowledge Tax, Michael Simkovic
University of Chicago Law Review
Government subsidies to higher education have recently become a hot-button political issue. But what if the federal government does not actually subsidize higher education, but taxes it? Labor economists struggle to explain why the rates of return to higher education have remained much higher than the rates of return to other investments. This Article proposes a novel explanation: distortionary taxation. Economic theory suggests that when investments that are substitutes for one another are taxed inconsistently, investors shun the investment option that is taxed more heavily. Unfavorable tax treatment of higher education could therefore create an undersupply of educated labor. This …
Following The Script: Narratives Of Suspicion In "Terry" Stops In Street Policing, Jeffrey Fagan, Amanda Geller
Following The Script: Narratives Of Suspicion In "Terry" Stops In Street Policing, Jeffrey Fagan, Amanda Geller
University of Chicago Law Review
No abstract provided.
Unbundling Criminal Trial Rights, John Rappaport
Unbundling Criminal Trial Rights, John Rappaport
University of Chicago Law Review
No abstract provided.
Libertarian Administrative Law, Cass R. Sunstein, Adrian Vermeule
Libertarian Administrative Law, Cass R. Sunstein, Adrian Vermeule
University of Chicago Law Review
No abstract provided.
#Liability: Avoiding The Lanham Act And The Right Of Publicity On Social Media, Hannah L. Cook
#Liability: Avoiding The Lanham Act And The Right Of Publicity On Social Media, Hannah L. Cook
University of Chicago Law Review
No abstract provided.
The Law Of Police, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa
The Law Of Police, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa
University of Chicago Law Review
No abstract provided.
Rebellion: The Courts Of Appeals' Latest Anti-Booker Backlash, Alison Siegler
Rebellion: The Courts Of Appeals' Latest Anti-Booker Backlash, Alison Siegler
University of Chicago Law Review
No abstract provided.
The American Death Penalty And The (In)Visibility Of Race, Carol S. Steiker, Jordan M. Steiker
The American Death Penalty And The (In)Visibility Of Race, Carol S. Steiker, Jordan M. Steiker
University of Chicago Law Review
No abstract provided.
The Surprising Relevance Of Medical Malpractice Law, Michael D. Frakes
The Surprising Relevance Of Medical Malpractice Law, Michael D. Frakes
University of Chicago Law Review
No abstract provided.
A Fox In The Hedges: Vermeule's Vision Of Optimized Constitutionalism In A Suboptimal World, Jonathan Turley
A Fox In The Hedges: Vermeule's Vision Of Optimized Constitutionalism In A Suboptimal World, Jonathan Turley
University of Chicago Law Review
No abstract provided.
Conscience And Complicity: Assessing Pleas For Religious Exemptions In "Hobby Lobby's" Wake, Amy J. Sepinwall
Conscience And Complicity: Assessing Pleas For Religious Exemptions In "Hobby Lobby's" Wake, Amy J. Sepinwall
University of Chicago Law Review
In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (for example, by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (for example, by using contraception). The understanding of com-plicity underpinning these challenges is vastly more expansive than the standard that legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund …
The Accrual Of Wrongful Death Claims Under The Ftca, Rakesh A. Mittal
The Accrual Of Wrongful Death Claims Under The Ftca, Rakesh A. Mittal
University of Chicago Law Review
No abstract provided.
Can Americans Resist Surveillance?, Ryan Calo
Can Americans Resist Surveillance?, Ryan Calo
University of Chicago Law Review
This Essay analyzes the ability of everyday Americans to resist and alter the conditions of government surveillance. Americans appear to have several avenues of resistance or reform. We can vote for privacy-friendly politicians, challenge surveillance in court, adopt encryption or other technologies, and put market pressure on companies not to cooperate with law enforcement. In practice, however, many of these avenues are limited. Reform-minded officials lack the capacity for real oversight. Litigants lack standing to invoke the Constitution in court. Encryption is not usable and can turn citizens into targets. Citizens can extract promises from companies to push back against …
Following Lower-Court Precedent, Aaron-Andrew P. Bruhl
Following Lower-Court Precedent, Aaron-Andrew P. Bruhl
University of Chicago Law Review
This Article examines the role of lower-court precedent in the US Supreme Court's decisions. The Supreme Court is rarely the first court to consider a legal question, and therefore the Court has the opportunity to be informed by and perhaps even persuaded by the views of the various lower courts that have previously addressed the issue. This Article considers whether the Court should give weight to lower-court precedent as a matter of normative theory and whether the Court in fact does so as a matter of practice. To answer the normative question, this Article analyzes a variety of potential reasons …
Constitutional Outliers, Justin Driver
Constitutional Outliers, Justin Driver
University of Chicago Law Review
Legal scholars often contend that prominent Supreme Court opinions interpret the Constitution in a manner that invalidates outliers—measures found in only a small number of states, rather than spread throughout the nation. Despite the term's ubiquity in constitutional conversation, law professors have dedicated scant attention to exploring either its conceptual underpinnings or its conceptual borders. This paucity of scholarly attention is regrettable because the term has become enshrouded in analytical confusion, which severely diminishes its utility and instills deep misperceptions about the Supreme Court's role in issuing outlier-suppressing opinions. This Article—the first extended effort to cast a critical eye on …
Standing On Ceremony: Can Lead Plaintiffs Claim Injury From Securities That They Did Not Purchase?, Corey K. Brady
Standing On Ceremony: Can Lead Plaintiffs Claim Injury From Securities That They Did Not Purchase?, Corey K. Brady
University of Chicago Law Review
No abstract provided.
The Perceived Intrusiveness Of Searching Electronic Devices At The Border: An Empirical Study, Matthew B. Kugler
The Perceived Intrusiveness Of Searching Electronic Devices At The Border: An Empirical Study, Matthew B. Kugler
University of Chicago Law Review
No abstract provided.
"Comcast Corp V Behrend" And Chaos On The Ground, Alex Parkinson
"Comcast Corp V Behrend" And Chaos On The Ground, Alex Parkinson
University of Chicago Law Review
No abstract provided.
Maybe Once, Maybe Twice: Using The Rule Of Lenity To Determine Whether 18 Usc § 924(C) Defines One Crime Or Two, F. Italia Patti
Maybe Once, Maybe Twice: Using The Rule Of Lenity To Determine Whether 18 Usc § 924(C) Defines One Crime Or Two, F. Italia Patti
University of Chicago Law Review
No abstract provided.
A Dispute Over Bona Fide Disputes In Involuntary Bankruptcy Proceedings, Steven J. Winkelman
A Dispute Over Bona Fide Disputes In Involuntary Bankruptcy Proceedings, Steven J. Winkelman
University of Chicago Law Review
No abstract provided.
Let's Be Reasonable: Controlling Self-Help Discovery In False Claims Act Suits, Stephen M. Payne
Let's Be Reasonable: Controlling Self-Help Discovery In False Claims Act Suits, Stephen M. Payne
University of Chicago Law Review
No abstract provided.
Fisa's Fuzzy Line Between Domestic And International Terrorism, Nick Harper
Fisa's Fuzzy Line Between Domestic And International Terrorism, Nick Harper
University of Chicago Law Review
No abstract provided.
The Text, The Whole Text, And Nothing But The Text, So Help Me God: Un-Writing Amar's Unwritten Constitution (Reviewing America's Unwritten Constitution: The Precedents And Principles We Live By By Akhil Reed Amar), Michael Stokes Paulsen
The Text, The Whole Text, And Nothing But The Text, So Help Me God: Un-Writing Amar's Unwritten Constitution (Reviewing America's Unwritten Constitution: The Precedents And Principles We Live By By Akhil Reed Amar), Michael Stokes Paulsen
University of Chicago Law Review
No abstract provided.
Habeas And The Roberts Court, Aziz Z. Huq
Habeas And The Roberts Court, Aziz Z. Huq
University of Chicago Law Review
Postconviction habeas comprises about 7 percent of federal district courts' dockets and between 8 and 20 percent of Supreme Court certiorari work. Scholars of all stripes condemn habeas as an empty "charade" lacking "coherent form." They consequently urge root-and-branch transformation. Resisting that consensus, this Article first advances a descriptive hypothesis: The Roberts Court's habeas jurisprudence is more internally coherent than generally believed—even if its internal logic has to date escaped substantial scholarly scrutiny. That jurisprudence is an instrument for sorting at the front end of litigation between cases warranting either less or more judicial attention. This account suggests that the …
Accommodating Every Body, Michael Ashley Stein, Anita Silvers, Bradley A. Areheart, Leslie Pickering Francis
Accommodating Every Body, Michael Ashley Stein, Anita Silvers, Bradley A. Areheart, Leslie Pickering Francis
University of Chicago Law Review
This Article contends that workplace accommodations should be predicated on need or effectiveness instead of group-identity status. It proposes that, in principle, "accommodating every body" be achieved by extending Americans with Disabilities Act–type reasonable accommodation to all work-capable members of the general population for whom accommodation is necessary to give them meaningful access. Doing so shifts the focus of accommodation disputes from the contentious identitybased contours of "disabled" plaintiffs to the core issue of alleged discrimination. This proposal likewise avoids current problems associated with excluding "unworthy" individuals from employment opportunity—people whose functional capacity does not comply with prevailing workforce design …
All Out Of Chewing Gum: A Case For A More Coherent Limitations Period For Erisa Breach-Of-Fiduciary-Duty Claims, Raphael Janove
All Out Of Chewing Gum: A Case For A More Coherent Limitations Period For Erisa Breach-Of-Fiduciary-Duty Claims, Raphael Janove
University of Chicago Law Review
No abstract provided.
The Liberalism Of Love (Reviewing Political Emotions: Why Love Matters For Justice By Martha C. Nussbaum), Sharon R. Krause
The Liberalism Of Love (Reviewing Political Emotions: Why Love Matters For Justice By Martha C. Nussbaum), Sharon R. Krause
University of Chicago Law Review
No abstract provided.
Toward A Uniform Rule: The Collapse Of The Civil-Criminal Divide In Appellate Review Of Multitheory General Verdicts, Nathan H. Jack
Toward A Uniform Rule: The Collapse Of The Civil-Criminal Divide In Appellate Review Of Multitheory General Verdicts, Nathan H. Jack
University of Chicago Law Review
No abstract provided.
Expert Mining And Required Disclosure, Jonah B. Gelbach
Expert Mining And Required Disclosure, Jonah B. Gelbach
University of Chicago Law Review
No abstract provided.