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From Helmets To Savings And Inheritance Taxes: Regulatory Intensity, Information Revelation, And Internalities, Saul Levmore
From Helmets To Savings And Inheritance Taxes: Regulatory Intensity, Information Revelation, And Internalities, Saul Levmore
University of Chicago Law Review
No abstract provided.
Quadratic Voting As Efficient Corporate Governance, Eric A. Posner, E. Glen Weyl
Quadratic Voting As Efficient Corporate Governance, Eric A. Posner, E. Glen Weyl
University of Chicago Law Review
No abstract provided.
Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan S. Masur, Richard H. Mcadams
Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan S. Masur, Richard H. Mcadams
University of Chicago Law Review
No abstract provided.
Too Late To Stipulate: Reconciling Rule 68 With Summary Judgments, Channing J. Turner
Too Late To Stipulate: Reconciling Rule 68 With Summary Judgments, Channing J. Turner
University of Chicago Law Review
No abstract provided.
Common Good And Common Ground: The Inevitability Of Fundamental Disagreement (Reviewing Ordered Liberty: Rights, Responsibilities, And Virtues By James E. Fleming, Linda C. Mcclain), Rebecca L. Brown
University of Chicago Law Review
No abstract provided.
Renegotiation Design By Contract, Richard Holden, Anup Malani
Renegotiation Design By Contract, Richard Holden, Anup Malani
University of Chicago Law Review
No abstract provided.
Governing Communities By Auction, Abraham Bell, Gideon Parchomovsky
Governing Communities By Auction, Abraham Bell, Gideon Parchomovsky
University of Chicago Law Review
No abstract provided.
Partition And Revelation, Yun-Chien Chang, Lee Anne Fennell
Partition And Revelation, Yun-Chien Chang, Lee Anne Fennell
University of Chicago Law Review
No abstract provided.
Having Their Cake And Eating It Too? Post-Emancipation Child Support As A Valid Judicial Option, Lauren C. Barnett
Having Their Cake And Eating It Too? Post-Emancipation Child Support As A Valid Judicial Option, Lauren C. Barnett
University of Chicago Law Review
No abstract provided.
Equal Opportunity: Federal Employees' Right To Sue On Title Vii And Tort Claims, Kristin Sommers Czubkowski
Equal Opportunity: Federal Employees' Right To Sue On Title Vii And Tort Claims, Kristin Sommers Czubkowski
University of Chicago Law Review
No abstract provided.
Francis Lieber And The Modern Law Of War (Reviewing Lincoln's Code: The Laws Of War In American History By John Fabian Witt), Paul Finkelman
Francis Lieber And The Modern Law Of War (Reviewing Lincoln's Code: The Laws Of War In American History By John Fabian Witt), Paul Finkelman
University of Chicago Law Review
No abstract provided.
Impeaching Precedent, Charles L. Barzun
Impeaching Precedent, Charles L. Barzun
University of Chicago Law Review
This Article is about the nature and scope of legal argument. It considers the question of whether a court, when determining the precedential weight of one of its prior decisions, should consider historical evidence indicating that the decision was decided on the basis of improper motivations or as the result of political pressure. In a common law system in which courts pervasively rely on precedents as a source of law, that question is of obvious practical and theoretical importance. Yet courts and scholars have hardly even raised the question, let alone provided a satisfactory answer to it. Instead, they have …
Inside Or Outside The System?, Eric Posner, Adrian Vermeule
Inside Or Outside The System?, Eric Posner, Adrian Vermeule
University of Chicago Law Review
In a typical pattern in the literature on public law, the diagnostic sections of a paper draw upon political science, economics, or other disciplines to offer deeply pessimistic accounts of the motivations of relevant actors in the legal system. The prescriptive sections of the paper, however, then issue an optimistic proposal that the same actors should supply public-spirited solutions. Where the analyst makes inconsistent assumptions about the motivations of actors within the legal system, equivocating between external and internal perspectives, an inside/outside fallacy arises. We identify the fallacy, connect it to an economics literature on the "determinacy paradox," and elicit …
"Super Contacts": Invoking Aiding-And-Abetting Jurisdiction To Hold Foreign Nonparties In Contempt Of Court, Julia K. Schwartz
"Super Contacts": Invoking Aiding-And-Abetting Jurisdiction To Hold Foreign Nonparties In Contempt Of Court, Julia K. Schwartz
University of Chicago Law Review
No abstract provided.
Using Severability Doctrine To Solve The Retroactivity Unit-Of-Analysis Puzzle: A Dodd-Frank Case Study, Hannah Garden-Monheit
Using Severability Doctrine To Solve The Retroactivity Unit-Of-Analysis Puzzle: A Dodd-Frank Case Study, Hannah Garden-Monheit
University of Chicago Law Review
No abstract provided.
Disability Claims, Guidance Documents, And The Problem Of Nonlegislative Rules, Frederick W. Watson
Disability Claims, Guidance Documents, And The Problem Of Nonlegislative Rules, Frederick W. Watson
University of Chicago Law Review
No abstract provided.
Taking Leases, Nicholas Spear
Bankruptcy Law As A Liquidity Provider, Kenneth Ayotte, David A. Skeel Jr
Bankruptcy Law As A Liquidity Provider, Kenneth Ayotte, David A. Skeel Jr
University of Chicago Law Review
Since the outset of the recent financial crisis, liquidity problems have been cited as the cause behind the bankruptcies and near bankruptcies of numerous firms, ranging from Bear Stearns and Lehman Brothers in 2008 to Kodak more recently. This Article expands the prevailing normative theory of corporate bankruptcy—the Creditors' Bargain theory—to include a role for bankruptcy as a provider of liquidity. The Creditors' Bargain theory argues that bankruptcy law should be limited to solving problems caused by multiple, uncoordinated creditors, but focuses almost exclusively on the problem of creditor runs. We argue that two well-known problems that cause illiquidity—debt overhang …
Unbundling Constitutionality, Richard Primus
Unbundling Constitutionality, Richard Primus
University of Chicago Law Review
Constitutional theory features a persistent controversy over the source or sources of constitutional status, that is, over the criteria that qualify some rules as constitutional rules. This Article contends that no single criterion characterizes all of the rules that American law treats as constitutional, such that it is a mistake to think of constitutionality as a status with necessary conditions. It is better to think of constitutionality on a bundle-of-sticks model: different attributes associated with constitutionality might or might not be present in any constitutional rule. Analysts should often direct their attention more to the separate substantive properties that are …
The Availability Of Discovery Sanctions For Violations Of Protective Orders, Adam M. Josephs
The Availability Of Discovery Sanctions For Violations Of Protective Orders, Adam M. Josephs
University of Chicago Law Review
No abstract provided.
Extra Venues For Extraterritorial Crimes? 18 Usc § 3238 And Cross-Border Criminal Activity, Megan O'Neill
Extra Venues For Extraterritorial Crimes? 18 Usc § 3238 And Cross-Border Criminal Activity, Megan O'Neill
University of Chicago Law Review
No abstract provided.
A Historical Approach To Negligent Misrepresentation And Federal Rule Of Civil Procedure 9(B), Kimball Dean Parker
A Historical Approach To Negligent Misrepresentation And Federal Rule Of Civil Procedure 9(B), Kimball Dean Parker
University of Chicago Law Review
No abstract provided.
When Nudges Fail: Slippery Defaults, Lauren E. Willis
When Nudges Fail: Slippery Defaults, Lauren E. Willis
University of Chicago Law Review
Inspired by the success of "automatic enrollment" in increasing participation in defined contribution retirement savings plans, policymakers have put similar policy defaults in place in a variety of other contexts, from checking account overdraft coverage to home-mortgage escrows. Internet privacy appears poised to be the next arena. But how broadly applicable are the results obtained in the retirement-savings context? Evidence from other contexts indicates two problems with this approach: the defaults put in place by the law are not always sticky, and the people who opt out may be those who would benefit the most from the default. Examining the …
The Firearm-Disability Dilemma: Property Insights Into Felon Gun Rights, Frederick C. Benson
The Firearm-Disability Dilemma: Property Insights Into Felon Gun Rights, Frederick C. Benson
University of Chicago Law Review
No abstract provided.
Judging The Flood Of Litigation, Marin K. Levy
Judging The Flood Of Litigation, Marin K. Levy
University of Chicago Law Review
The Supreme Court has increasingly considered a particular kind of argument: that it should avoid reaching decisions that would "open the floodgates of litigation." Despite its frequent invocation, there has been little scholarly exploration of what a floodgates argument truly means, and even less discussion of its normative basis. This Article addresses both subjects, demonstrating for the first time the scope and surprising variation of floodgates arguments, as well as uncovering their sometimes-shaky foundations. Relying on in-depth case studies from a wide array of issue areas, the Article shows that floodgates arguments primarily have been used to protect three institutions: …
Pleading In Technicolor: When Can Litigants Incorporate Audiovisual Works Into Their Complaints?, Aimee Woodward Brown
Pleading In Technicolor: When Can Litigants Incorporate Audiovisual Works Into Their Complaints?, Aimee Woodward Brown
University of Chicago Law Review
No abstract provided.
Fun With Numbers: Gall's Mixed Message Regarding Variance Calculations, Nicholas A. Deuschle
Fun With Numbers: Gall's Mixed Message Regarding Variance Calculations, Nicholas A. Deuschle
University of Chicago Law Review
No abstract provided.
Corruption Clarified: Defining The Reach Of "Agent" In 18 Usc § 666, Rohit D. Nath
Corruption Clarified: Defining The Reach Of "Agent" In 18 Usc § 666, Rohit D. Nath
University of Chicago Law Review
No abstract provided.
Tiers Of Scrutiny In Enumerated Powers Jurisprudence, Aziz Z. Huq
Tiers Of Scrutiny In Enumerated Powers Jurisprudence, Aziz Z. Huq
University of Chicago Law Review
This Article identifies and analyzes the recent emergence of a "tiers of scrutiny" system in Supreme Court jurisprudence respecting the boundaries of Congress's enumerated powers. The inquiry is motivated by the Court's recent ruling on the federal healthcare law, which demonstrated that the national legislature's election among its diverse textual sources of authority in Article I can have large, outcome-determinative consequences in constitutional challenges to federal laws. This is so because the Court not only delineates each power's substantive boundaries differently but also applies distinct standards of review to the various legislative powers enumerated in Article I and elsewhere in …
State And Federal Models Of The Interaction Between Statutes And Unwritten Law, Caleb Nelson
State And Federal Models Of The Interaction Between Statutes And Unwritten Law, Caleb Nelson
University of Chicago Law Review
This Article argues that modern courts read individual federal statutes to encompass more issues than identically worded state statutes would be understood to cover. There are many questions that regularly arise in the implementation of statutes but that the typical statute does not say anything about. When a state statute is silent on such questions, state courts often conclude that the questions lie beyond the statute's domain and that the answers therefore come from the state's version of the common law. But when a federal statute is silent on the same sorts of questions, courts often act as if answers …