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Our Electoral Exceptionalism, Nicholas O. Stephanopoulos Mar 2013

Our Electoral Exceptionalism, Nicholas O. Stephanopoulos

University of Chicago Law Review

Election law suffers from a comparative blind spot. Scholars in the field have devoted almost no attention to how other countries organize their electoral systems, let alone to the lessons that can be drawn from foreign experiences. This Article begins to fill this gap by carrying out the first systematic analysis of redistricting practices around the world. The Article initially separates district design into its three constituent components: institutions, criteria, and minority representation. For each component, the Article then describes the approaches used in America and abroad, introduces a new conceptual framework for classifying different policies, and challenges the exceptional …


The Inescapability Of Constitutional Theory (Reviewing Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right To Self-Governance By J. Harvie Wilkinson Iii.), Erwin Chemerinsky Mar 2013

The Inescapability Of Constitutional Theory (Reviewing Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right To Self-Governance By J. Harvie Wilkinson Iii.), Erwin Chemerinsky

University of Chicago Law Review

No abstract provided.


Property Lost In Translation, Abraham Bell, Gideon Parchomovsky Mar 2013

Property Lost In Translation, Abraham Bell, Gideon Parchomovsky

University of Chicago Law Review

The world is full of localized, nonstandard property regimes that coexist alongside state property laws. This Article provides the first comprehensive look at the phenomenon of localized property systems and the difficulties that necessarily attend the translation of localized property rights. Rather than survey the numerous localized property systems in the world, this Article explores the common features of the interaction between localized and state property systems. All localized property systems entail translation costs with the wider state property systems around them. Translation costs result from incompatibilities, as well as information and enforcement costs. Focusing on translation costs, the Article …


Reverse Advisory Opinions, Neal Devins, Saikrishna B. Prakash Mar 2013

Reverse Advisory Opinions, Neal Devins, Saikrishna B. Prakash

University of Chicago Law Review

Federal courts have increasingly issued demands and requests for legal advice from the executive branch and other parties. Without offering any justification, federal judges simply assume that they may seek legal advice from virtually anyone. These practices warrant further scrutiny. First, we believe that the federal courts lack the power to compel judicial advice, from parties to a case or otherwise. To begin with, the federal courts cannot demand opinions of Congress or the president, for Article III never grants any such power. Indeed, such a power would be inconsistent with the independence and equality that each branch enjoys. Nor …


[Introduction] Immigration Law And Institutional Design, Adam B. Cox, Richard A. Epstein, Eric A. Posner Jan 2013

[Introduction] Immigration Law And Institutional Design, Adam B. Cox, Richard A. Epstein, Eric A. Posner

University of Chicago Law Review

No abstract provided.


What Makes The Family Special?, Kerry Abrams Jan 2013

What Makes The Family Special?, Kerry Abrams

University of Chicago Law Review

No abstract provided.


Sharing The Risks And Rewards Of Economic Migration, Anu Bradford Jan 2013

Sharing The Risks And Rewards Of Economic Migration, Anu Bradford

University of Chicago Law Review

No abstract provided.


Outsourcing Criminal Deportees, Eleanor Marie Lawrence Brown Jan 2013

Outsourcing Criminal Deportees, Eleanor Marie Lawrence Brown

University of Chicago Law Review

No abstract provided.


Policing Immigration, Adam B. Cox, Thomas J. Miles Jan 2013

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

University of Chicago Law Review

No abstract provided.


Immigration Detention: Information Gaps And Institutional Barriers To Reform, Alina Das Jan 2013

Immigration Detention: Information Gaps And Institutional Barriers To Reform, Alina Das

University of Chicago Law Review

No abstract provided.


From "Plyler" To "Arizona": Have The Courts Forgotten About "Corfield V Coryell"?, John C. Eastman Jan 2013

From "Plyler" To "Arizona": Have The Courts Forgotten About "Corfield V Coryell"?, John C. Eastman

University of Chicago Law Review

No abstract provided.


Free Trade And Free Immigration: Why Domestic Competitive Injury Should Never Influence Government Policy, Richard A. Epstein Jan 2013

Free Trade And Free Immigration: Why Domestic Competitive Injury Should Never Influence Government Policy, Richard A. Epstein

University of Chicago Law Review

No abstract provided.


Designing Temporary Worker Programs, Hiroshi Motomura Jan 2013

Designing Temporary Worker Programs, Hiroshi Motomura

University of Chicago Law Review

No abstract provided.


Deference To Agency Statutory Interpretations First Advanced In Litigation? The "Chevron" Two-Step And The "Skidmore" Shuffle, Bradley George Hubbard Jan 2013

Deference To Agency Statutory Interpretations First Advanced In Litigation? The "Chevron" Two-Step And The "Skidmore" Shuffle, Bradley George Hubbard

University of Chicago Law Review

No abstract provided.


Epstein's Best Of All Possible Worlds: The Rule Of Law (Reviewing Design For Liberty: Private Property, Public Administration, And The Rule Of Law By Richard A. Epstein), Mark Tushnet Jan 2013

Epstein's Best Of All Possible Worlds: The Rule Of Law (Reviewing Design For Liberty: Private Property, Public Administration, And The Rule Of Law By Richard A. Epstein), Mark Tushnet

University of Chicago Law Review

No abstract provided.


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

The Institutional Structure Of Immigration Law, Eric A. Posner

University of Chicago Law Review

No abstract provided.


International Cooperation On Migration: Theory And Practice, Alan O. Sykes Jan 2013

International Cooperation On Migration: Theory And Practice, Alan O. Sykes

University of Chicago Law Review

No abstract provided.


Elected Judges And Statutory Interpretation, Aaron-Andrew P. Bruhl, Ethan J. Leib Sep 2012

Elected Judges And Statutory Interpretation, Aaron-Andrew P. Bruhl, Ethan J. Leib

University of Chicago Law Review

This Article considers whether differences in methods of judicial selection should influence how judges approach statutory interpretation. Courts and scholars have not given this question much sustained attention, but most would probably embrace the "unified model," according to which appointed judges (such as federal judges) and elected judges (such as many state judges) are supposed to approach statutory text in identical ways. There is much to be said for the unified model—and we offer the first systematic defense of it. But the Article also attempts to make the best case for the more controversial but also plausible contrary view: that …


Public Choice And Law's Either/Or Inclination (Reviewing Why The Law Is So Perverse By Leo Katz), Saul Levmore Sep 2012

Public Choice And Law's Either/Or Inclination (Reviewing Why The Law Is So Perverse By Leo Katz), Saul Levmore

University of Chicago Law Review

No abstract provided.


Delegation In Immigration Law, Adam B. Cox, Eric A. Posner Sep 2012

Delegation In Immigration Law, Adam B. Cox, Eric A. Posner

University of Chicago Law Review

Immigration law both screens migrants and regulates the behavior of migrants after they have arrived. Both activities are information intensive because the migrant's "type" and the migrant's post-arrival activity are often forms of private information that are not immediately accessible to government agents. To overcome this information problem, the national government can delegate the screening and regulating functions. American immigration law, for example, delegates extensive authority to both private entities— paradigmatically, employers and families—and to the fifty states. From the government's perspective, delegation carries with it benefits and costs. On the benefit side, agents frequently have easy access to information …


Who's Allowed To Kill The Radio Star? Forfeiture Jurisdiction Under The Communications Act, Garett R. Rose Sep 2012

Who's Allowed To Kill The Radio Star? Forfeiture Jurisdiction Under The Communications Act, Garett R. Rose

University of Chicago Law Review

No abstract provided.


Federal Diversity Jurisdiction And American Indian Tribal Corporations, Graham Safty Sep 2012

Federal Diversity Jurisdiction And American Indian Tribal Corporations, Graham Safty

University of Chicago Law Review

No abstract provided.


A Common Law Approach To D&O Insurance "In Fact" Exclusion Disputes, Joshua Phares Ackerman Sep 2012

A Common Law Approach To D&O Insurance "In Fact" Exclusion Disputes, Joshua Phares Ackerman

University of Chicago Law Review

No abstract provided.


Are Railroads Liable When Lightning Strikes?, Brett R. Nolan Sep 2012

Are Railroads Liable When Lightning Strikes?, Brett R. Nolan

University of Chicago Law Review

No abstract provided.


The Right To Trial By Jury Under The Warn Act, Noah Yavitz Sep 2012

The Right To Trial By Jury Under The Warn Act, Noah Yavitz

University of Chicago Law Review

No abstract provided.


What If Religion Is Not Special?, Micah Schwartzman Sep 2012

What If Religion Is Not Special?, Micah Schwartzman

University of Chicago Law Review

Leading accounts of the First Amendment's Religion Clauses fail to provide a coherent and morally attractive position on whether religion warrants special treatment as compared with secular ethical and moral doctrines. Focusing on two central issues involving whether laws must have a secular purpose and whether religious exemptions are constitutionally mandatory, this Article rejects existing theories as either theoretically inconsistent or substantively mistaken. If religion does not warrant special treatment, then it is important to ask what our attitude should be toward the constitutional text. Under originalist theories of constitutional interpretation, the Religion Clauses should be considered morally regrettable. Under …


Taming The Hydra: Prosecutorial Discretion Under The Acceptance Of Responsibility Provision Of The Us Sentencing Guidelines, Alexa Chu Clinton Sep 2012

Taming The Hydra: Prosecutorial Discretion Under The Acceptance Of Responsibility Provision Of The Us Sentencing Guidelines, Alexa Chu Clinton

University of Chicago Law Review

No abstract provided.


Orwell's Armchair, Derek E. Bambauer Jun 2012

Orwell's Armchair, Derek E. Bambauer

University of Chicago Law Review

America has begun to censor the Internet. Defying conventional scholarly wisdom that Supreme Court precedent bars Internet censorship, federal and state governments are increasingly using indirect methods to engage in "soft" blocking of online material. This Article assesses these methods and makes a controversial claim: hard censorship, such as the PROTECT IP and Stop Online Piracy Acts, are normatively preferable to indirect restrictions. It introduces a taxonomy of five censorship strategies: direct control, deputizing intermediaries, payment, pretext, and persuasion. It next makes three core claims. First, only one strategy—deputizing intermediaries—is limited significantly by current law. Government retains considerable freedom of …


Allocating Pollution, Arden Rowell Jun 2012

Allocating Pollution, Arden Rowell

University of Chicago Law Review

Law can often be used to reduce or even eliminate the harm from pollution by manipulating "exposure allocation," or how pollution is allocated across a target population. Opportunities for exposure allocation arise whenever the relationship between exposure to a pollutant and harm is nonlinear, as is the case for many pollutants. For these pollutants, exposure allocation presents the potential for reducing the harm from pollution even when it is not possible to reduce either the total amount of pollution emitted or the total amount of exposure. After identifying the conditions under which changing exposure allocations can improve health and save …


A State-Centered Approach To Tax Discrimination Under § 11501(B)(4) Of The 4-R Act, Samuel Eckman Jun 2012

A State-Centered Approach To Tax Discrimination Under § 11501(B)(4) Of The 4-R Act, Samuel Eckman

University of Chicago Law Review

No abstract provided.