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Do Judges Make Regulatory Policy? An Empirical Investigation Of Chevron, Thomas J. Miles, Cass R. Sunstein
Do Judges Make Regulatory Policy? An Empirical Investigation Of Chevron, Thomas J. Miles, Cass R. Sunstein
University of Chicago Law Review
In the past quarter century, the Supreme Court has legitimated agency authority to interpret regulatory legislation, above all in Chevron U.S.A., Inc v Natural Resources Defense Council, Inc, the most cited case in modern public law. Chevron recognizes that the resolution of statutory ambiguities often requires judgments of policy; its call for judicial deference to reasonable interpretations was widely expected to have eliminated the role of policy judgments in judicial review of agency interpretations of law. But this expectation has not been realized. On the Supreme Court, conservative justices vote to validate agency decisions less often than liberal justices. Moreover, …
Do Cases Make Bad Law?, Frederick Schauer
Do Cases Make Bad Law?, Frederick Schauer
University of Chicago Law Review
No abstract provided.
Are All Roads Tolled? State Sovereign Immunity And The Federal Supplemental Jurisdiction Tolling Provision, Joseph F. Cascio
Are All Roads Tolled? State Sovereign Immunity And The Federal Supplemental Jurisdiction Tolling Provision, Joseph F. Cascio
University of Chicago Law Review
No abstract provided.
Bottom-Up Versus Top-Down Lawmaking, Jeffrey J. Rachlinski
Bottom-Up Versus Top-Down Lawmaking, Jeffrey J. Rachlinski
University of Chicago Law Review
Democratic legal systems make law in one of two ways: by abstracting general principles from the decisions made in individual cases (from the bottom up); or by declaring general principles through a centralized authority that are to be applied in individual cases (from the top down). These two processes are, respectively, adjudication and legislation. Each process highlights and hides different aspects of a legal problem. The single-case perspective of adjudication can seem narrow, and hence inferior to the broad perspectives that legislatures can incorporate into their decisionmaking processes. The adjudicative approach, however, has advantages that are less obvious. Notably, the …
Antitrust And Sharing Information About Product Quality, John Han
Antitrust And Sharing Information About Product Quality, John Han
University of Chicago Law Review
No abstract provided.
Revealing The True Definition Of Apa § 701(A)(2) By Reconciling "No Law To Apply" With The Nondelegation Doctrine, Viktoria Lovei
Revealing The True Definition Of Apa § 701(A)(2) By Reconciling "No Law To Apply" With The Nondelegation Doctrine, Viktoria Lovei
University of Chicago Law Review
No abstract provided.
Drawing A Line Between Terry And Miranda: The Degree And Duration Of Restraint, Katherine M. Swift
Drawing A Line Between Terry And Miranda: The Degree And Duration Of Restraint, Katherine M. Swift
University of Chicago Law Review
No abstract provided.
Jurisdiction To Adjudicate: A Revised Analysis, A. Benjamin Spencer
Jurisdiction To Adjudicate: A Revised Analysis, A. Benjamin Spencer
University of Chicago Law Review
Personal jurisdiction doctrine as articulated by the Supreme Court is in disarray. As a constitutional doctrine whose contours remain imprecise, the law of personal jurisdiction has generated confusion, unpredictability, and extensive satellite litigation over what should be an uncomplicated preliminary issue. Many commentators have long lamented these defects, making suggestions for how the doctrine could be improved. Although many of these proposals have had much to offer, they generally have failed to articulate (or adequately justify or explain) a simple and sound approach to jurisdiction that the Supreme Court can embrace. This Article revises the law of personal jurisdiction by …
International Law: A Welfarist Approach, Eric A. Posner
International Law: A Welfarist Approach, Eric A. Posner
University of Chicago Law Review
This Article evaluates international law from a welfarist perspective. Global welfarism requires that international law advance the well-being of everyone in the world, and scholars influenced by global welfarism and similar cosmopolitan principles have advocated radical restructuring of international law. But global welfarism is subject to several constraints, including (1) heterogeneity of preferences of the world population, which produces the state system; (2) agency costs, which produce imperfect governments; and (3) the problem of collective action. These constraints place limits on what policies motivated by global welfarism can achieve and explain some broad features of international law that otherwise remain …
Justice Breyer's Mandarin Liberty (Reviewing Active Liberty: Interpreting Our Democratic Constitution By Stephen Breyer), Ken I. Kersch
Justice Breyer's Mandarin Liberty (Reviewing Active Liberty: Interpreting Our Democratic Constitution By Stephen Breyer), Ken I. Kersch
University of Chicago Law Review
No abstract provided.
Payments To Medicaid Doctors: Interpreting The "Equal Access" Provision, Abigail R. Moncrieff
Payments To Medicaid Doctors: Interpreting The "Equal Access" Provision, Abigail R. Moncrieff
University of Chicago Law Review
No abstract provided.
Settlement Class Actions, The Case-Or-Controversy Requirement, And The Nature Of The Adjudicatory Process, Martin H. Redish, Andrianna D. Kastanek
Settlement Class Actions, The Case-Or-Controversy Requirement, And The Nature Of The Adjudicatory Process, Martin H. Redish, Andrianna D. Kastanek
University of Chicago Law Review
No abstract provided.
Putting The "Best" In Best Efforts, Rob Park
Putting The "Best" In Best Efforts, Rob Park
University of Chicago Law Review
No abstract provided.
Standard Of Review In Foia Appeals And The Misuse Of Summary Judgment, Rebecca Silver
Standard Of Review In Foia Appeals And The Misuse Of Summary Judgment, Rebecca Silver
University of Chicago Law Review
No abstract provided.
The President, The Supreme Court, And The Founding Fathers: A Reply To Professor Ackerman (Reviewing The Failure Of The Founding Fathers: Jefferson, Marshall, And The Rise Of Presidential Democracy By Bruce Ackerman), Steven G. Calabresi
University of Chicago Law Review
No abstract provided.
Proving Probable Cause: Allocating The Burden Of Proof In False Arrest Claims Under § 1983, Sarah Hughes Newman
Proving Probable Cause: Allocating The Burden Of Proof In False Arrest Claims Under § 1983, Sarah Hughes Newman
University of Chicago Law Review
No abstract provided.
Appellate Review Of Slusa Remands After Cafa, Stephen J. Cowen
Appellate Review Of Slusa Remands After Cafa, Stephen J. Cowen
University of Chicago Law Review
No abstract provided.
Menus Matter, Ian Ayres
Menus Matter, Ian Ayres
University of Chicago Law Review
Lawmakers can affect contractual equilibria by regulating contractual menus. The potential impact of menu regulation grows more important in contexts where contractors are cognitively constrained or imperfectly informed. This Essay explores the regulation of menus-both with regard to the simultaneous, alternative offers that private parties make to each other, and with regard to the offers that the state makes to potential contractors themselves.
Discharge, Waiver, And The Behavioral Undercurrents Of Debtor-Creditor Law, Douglas G. Baird
Discharge, Waiver, And The Behavioral Undercurrents Of Debtor-Creditor Law, Douglas G. Baird
University of Chicago Law Review
No abstract provided.
Bundling And Consumer Misperception, Oren Bar-Gill
Bundling And Consumer Misperception, Oren Bar-Gill
University of Chicago Law Review
This Essay studies bundling of two (or more) products as a strategic response to consumer misperception. In contrast to the bundling and tying studied in the antitrust literature-strategies used by a seller with market power in market A trying to leverage its market power into market B-bundling in response to consumer misperception may occur in intensely competitive markets. The analysis demonstrates that such competitive bundling can be either welfare enhancing or welfare reducing. The Essay considers several "unbundling policies" that can protect consumers and increase welfare in markets where bundling is undesirable.
Credit Card Accountability, Samuel Issacharoff, Erin F. Delaney
Credit Card Accountability, Samuel Issacharoff, Erin F. Delaney
University of Chicago Law Review
No abstract provided.
Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski
Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski
University of Chicago Law Review
Legal scholars commonly argue that the widespread presence of cognitive errors in judgment justifies legal intervention to save people from predictable mistakes. Such arguments often fail to account for individual variation in the commission of such errors even though individual variation is probably common. If predictable groups of people avoid making the errors that others commit, then law should account for such differences because those who avoid errors will not benefit from paternalistic interventions and indeed may be harmed by them. The research on individual variation suggests three parameters that might distinguish people who can avoid error: cognitive ability, experience …
Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig
Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig
University of Chicago Law Review
In 1982, James Q. Wilson and George Kelling suggested in an influential article in the Atlantic Monthly that targeting minor disorder could help reduce more serious crime. More than twenty years later, the three most populous cities in the United States-New York, Chicago, and, most recently, Los Angeles-have all adopted at least some aspect of Wilson and Kelling's theory, primarily through more aggressive enforcement of minor misdemeanor laws. Remarkably little, though, is currently known about the effect of broken windows policing on crime. According to a recent National Research Council report, existing research does not provide strong support for the …
Towards A Sensible Rule Governing Stays Pending Appeals Of Denials Of Arbitration, Gabriel Taran
Towards A Sensible Rule Governing Stays Pending Appeals Of Denials Of Arbitration, Gabriel Taran
University of Chicago Law Review
No abstract provided.
Parents, Subsidiaries, And Rico Distinctiveness, William B. Ortman
Parents, Subsidiaries, And Rico Distinctiveness, William B. Ortman
University of Chicago Law Review
No abstract provided.
Some Kind Of Process For Felon Reenfranchisement, Melissa C. Chiang
Some Kind Of Process For Felon Reenfranchisement, Melissa C. Chiang
University of Chicago Law Review
No abstract provided.
A Constitutional Analysis Of Grandparents' Custody Rights, Michelle Ognibene
A Constitutional Analysis Of Grandparents' Custody Rights, Michelle Ognibene
University of Chicago Law Review
No abstract provided.
Employee Stock Options In Personal Bankruptcy: Assets Or Earnings?, Ryan J. Foreman
Employee Stock Options In Personal Bankruptcy: Assets Or Earnings?, Ryan J. Foreman
University of Chicago Law Review
No abstract provided.
Failed States, Or The State As Failure?, Rosa Ehrenreich Brooks
Failed States, Or The State As Failure?, Rosa Ehrenreich Brooks
University of Chicago Law Review
This Article seeks to challenge a basic assumption of international law and policy, arguing that the existing state-based international legal framework stands in the way of developing effective responses to state failure. It offers an alternative theoretical framework designed to spark debate about better legal and policy responses to failed states. Although the Article uses failed states as a lens to focus its arguments, it also has broad implications for how we think about sovereignty, the evolving global order, and the place of states within it. State failure causes a wide range of humanitarian, legal, and security problems. Unsurprisingly, given …
A Freedom-Promoting Approach To Property: A Renewed Tradition For New Debates, Jedediah Purdy
A Freedom-Promoting Approach To Property: A Renewed Tradition For New Debates, Jedediah Purdy
University of Chicago Law Review
No abstract provided.