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Our Electoral Exceptionalism, Nicholas O. Stephanopoulos
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
University of Chicago Law Review
No abstract provided.
Property Lost In Translation, Abraham Bell, Gideon Parchomovsky
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
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
[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
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
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
Outsourcing Criminal Deportees, Eleanor Marie Lawrence Brown
University of Chicago Law Review
No abstract provided.
Policing Immigration, Adam B. Cox, Thomas J. Miles
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
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
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
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
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
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
University of Chicago Law Review
No abstract provided.
The Institutional Structure Of Immigration Law, Eric A. Posner
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.