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Full-Text Articles in Law
The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls
The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls
Articles
Considerable attention has been given to the Implicit Association Test (IA T), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of "debiasing …
The Temporal Dimension Of Voting Rights, Adam B. Cox
The Temporal Dimension Of Voting Rights, Adam B. Cox
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Clear Statement Principles And National Security: Hamdan And Beyond, Cass R. Sunstein
Clear Statement Principles And National Security: Hamdan And Beyond, Cass R. Sunstein
Public Law and Legal Theory Working Papers
In resolving conflicts between individual rights and national security, the Supreme Court has often said that Congress must unambiguously authorize presidential action; the Court has also attempted to ensure that defendants are not deprived of their liberty except pursuant to fair trials. These decisions, a form of liberty-promoting minimalism, reject claims of unilateral or exclusive presidential authority. The Court’s decision in Hamdan v. Rumsfeld reflects a distinctive clear statement principle, one that bans the President from convening a military commission, or otherwise departing from the standard adjudicative forms, unless Congress explicitly authorizes him to do so. The Court’s conclusion diverges …
Presidential Signing Statements And Executive Power, Eric A. Posner, Curtis A. Bradley
Presidential Signing Statements And Executive Power, Eric A. Posner, Curtis A. Bradley
Public Law and Legal Theory Working Papers
A recent debate about the Bush administration’s use of presidential signing statements has raised questions about their function, legality, and value. We argue that presidential signing statements are legal and that they provide a useful way for the president to disclose his views about the meaning and constitutionality of legislation. Although President Bush has challenged more statutory provisions in signing statements than prior administrations have, his signing statements are similar in many respects to the signing statements issued by prior presidents, such as President Clinton. In addition, basic tenets of positive political theory suggest that signing statements do not undermine …
The Temporal Dimension Of Voting Rights, Adam B. Cox
The Temporal Dimension Of Voting Rights, Adam B. Cox
Public Law and Legal Theory Working Papers
No abstract provided.
Tax Expenditures, Principle Agent Problems, And Redundancy, David A. Weisbach
Tax Expenditures, Principle Agent Problems, And Redundancy, David A. Weisbach
Coase-Sandor Working Paper Series in Law and Economics
This paper considers tax expenditures from two related perspectives. First, it analyzes how the incentives on Congress to use a tax expenditure change when principal agent problems are considered. For example, it considers whether tax expenditures can reduce moral hazard or adverse selection problems created by delegations to expert agencies. Second, it considers the condition under which tax expenditures should be expected to be redundant with direct expenditures, as many are. The two, principal agent problems and redundancy, are related because redundancy is often seen as a solution to the principal agent problem. The paper concludes that both principal agent …
Temporary Legislation, Jacob Gersen
Temporary Legislation, Jacob Gersen
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
What Happened On Deliberation Day?, Cass R. Sunstein, David Schkade, Reid Hastie
What Happened On Deliberation Day?, Cass R. Sunstein, David Schkade, Reid Hastie
Coase-Sandor Working Paper Series in Law and Economics
What are the effects of deliberation about political issues? This essay reports the results of a kind of Deliberation Day, involving sixty-three citizens in Colorado. Groups from Boulder, a predominantly liberal city, met and discussed global warming, affirmative action, and civil unions for same-sex couples; groups from Colorado Springs, a predominately conservative city, met to discuss the same issues. The major effect of deliberation was to make group members more extreme than they were when they started to talk. Liberals became more liberal on all three issues; conservatives became more conservative. As a result, the division between the citizens of …
Chevorn As A Voting Rule, Jacob Gersen, Adrian Vermeule
Chevorn As A Voting Rule, Jacob Gersen, Adrian Vermeule
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Do Judges Make Regulatory Policy? An Empirical Investigation Of Chevron, Cass R. Sunstein, Thomas J. Miles
Do Judges Make Regulatory Policy? An Empirical Investigation Of Chevron, Cass R. Sunstein, Thomas J. Miles
Coase-Sandor Working Paper Series in Law and Economics
In the last 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, the most …
Implementing Income And Consumption Taxes: An Essay In Honor Of David Bradford, David A. Weisbach
Implementing Income And Consumption Taxes: An Essay In Honor Of David Bradford, David A. Weisbach
Coase-Sandor Working Paper Series in Law and Economics
This essay explores the extent to which income and consumption taxes can be implemented using parallel designs. The economic differences in the two taxes is thought to be the taxation of pure time value returns under an income tax but not under a consumption tax. In theory, therefore, all differences in implementation methods should be traceable to the measurement of time value returns. To explore the extent to which this is true, the essay examines four major design elements of any tax system: (i) the use of cash flows or basis accounts to measure the base; (ii) remittance of the …
On The Divergent American Reactions To Terrorism And Climate Change, Cass R. Sunstein
On The Divergent American Reactions To Terrorism And Climate Change, Cass R. Sunstein
Coase-Sandor Working Paper Series in Law and Economics
Two of the most important sources of catastrophic risk are terrorism and climate change. The United States has responded aggressively to the risk of terrorism while doing very little about the risk of climate change. For the United States alone, the cost of the Iraq war is now in excess of the anticipated cost of the Kyoto Protocol. The divergence presents a puzzle; it also raises more general questions about both risk perception and the public demand for legislation. The best explanation for the divergence emphasizes bounded rationality. Americans believe that aggressive steps to reduce the risk of terrorism promise …
Chevron As A Voting Rule, Jacob Gersen, Adrian Vermeule
Chevron As A Voting Rule, Jacob Gersen, Adrian Vermeule
Public Law and Legal Theory Working Papers
No abstract provided.
Designing Redistricting Institutions, Adam B. Cox
Designing Redistricting Institutions, Adam B. Cox
Public Law and Legal Theory Working Papers
No abstract provided.
Temporary Legislation, Jacob Gersen
Temporary Legislation, Jacob Gersen
Public Law and Legal Theory Working Papers
No abstract provided.
Patent Holdouts And The Standard Setting Process, Douglas Gary Lichtman
Patent Holdouts And The Standard Setting Process, Douglas Gary Lichtman
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Chevronizing Foreign Relations Law, Cass R. Sunstein, Eric A. Posner
Chevronizing Foreign Relations Law, Cass R. Sunstein, Eric A. Posner
Public Law and Legal Theory Working Papers
A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, ambiguous statutes are usually interpreted to conform to international law, and statutes are usually not understood to apply outside of the nation’s territorial boundaries. The international comity doctrines are best understood as a product of a judicial judgment that in various settings, the costs of American deference to foreign interests are less than the benefits to American interests. Sometimes Congress balances these considerations and incorporates its judgment in a statute, but usually it does not. In such …
International Law And The Rise Of China, Eric A. Posner, John C. Yoo
International Law And The Rise Of China, Eric A. Posner, John C. Yoo
Public Law and Legal Theory Working Papers
No abstract provided.
The New International Law Scholarship, Eric A. Posner, Jack L. Goldsmith
The New International Law Scholarship, Eric A. Posner, Jack L. Goldsmith
Public Law and Legal Theory Working Papers
The Limits of International Law sets forth a general theory of international law. The book rejects the traditional explanations of international law based on legality, morality, opinio juris, and related non-instrumental concepts. Using simple rational choice tools, the book seeks instead to provide an instrumental account of when and why nations use international law, when and why they comply with it, and when and why international law changes. The basic descriptive story is that international law emerges from and is sustained by nations acting rationally to maximize their interests (i.e., their preferences over international relations outcomes), given their perception of …
The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls
The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls
Coase-Sandor Working Paper Series in Law and Economics
Considerable attention has been given to the Implicit Association Test (IAT), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of "debiasing through …
’How's My Driving?’ For Everyone (And Everything?), Lior Strahilevitz
’How's My Driving?’ For Everyone (And Everything?), Lior Strahilevitz
Coase-Sandor Working Paper Series in Law and Economics
This is a paper about using reputation tracking technologies to displace criminal law enforcement and improve the tort system. The paper contains an extended application of this idea to the regulation of motorist behavior in the United States and examines the broader case for using technologies that aggregate dispersed information in various settings where reputational concerns do not adequately deter antisocial behavior. The paper begins by exploring the existing data on "How's My Driving?" programs for commercial fleets. Although more rigorous study is warranted, the initial data is quite promising, suggesting that the use of "How's My Driving?" placards in …
Mistrust-Based Digital Rights Management, Randal C. Picker
Mistrust-Based Digital Rights Management, Randal C. Picker
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz
'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz
Public Law and Legal Theory Working Papers
This is a paper about using reputation tracking technologies to displace criminal law enforcement and improve the tort system. The paper contains an extended application of this idea to the regulation of motorist behavior in the United States and examines the broader case for using technologies that aggregate dispersed information in various settings where reputational concerns do not adequately deter antisocial behavior. The paper begins by exploring the existing data on “How’s My Driving?” programs for commercial fleets. Although more rigorous study is warranted, the initial data is quite promising, suggesting that the use of “How’s My Driving?” placards in …
Muslim Profiles Post 911: Is Racial Profiling An Effective Counterterrorist Measure And Does It Violate The Right To Be Free From Discrimination?, Bernard E. Harcourt
Muslim Profiles Post 911: Is Racial Profiling An Effective Counterterrorist Measure And Does It Violate The Right To Be Free From Discrimination?, Bernard E. Harcourt
Public Law and Legal Theory Working Papers
Racial profiling as a defensive counterterrorism measure necessarily implicates a rights trade-off: if effective, racial profiling limits the right of young Muslim men to be free from discrimination in order to promote the security and well-being of others. Proponents of racial profiling argue that it is based on simple statistical fact and represents “just smart law enforcement.” Opponents of racial profiling, like New York City police commissioner Raymond Kelly, say that it is dangerous and “just nuts.” As a theoretical matter, both sides are partly right. Racial profiling in the context of counterterrorism measures may increase the detection of terrorist …
The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls
The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls
Public Law and Legal Theory Working Papers
Considerable attention has been given to the Implicit Association Test (IAT), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of “debiasing through …
Legal Reason: The Use Of Analogy In Legal Argument, Richard A. Posner
Legal Reason: The Use Of Analogy In Legal Argument, Richard A. Posner
Articles
No abstract provided.
Reasoning By Analogy (Reviewing Lloyd L. Weinreb, Legal Reason: The Use Of Analogy In Legal Argument (2005)), Richard A. Posner
Reasoning By Analogy (Reviewing Lloyd L. Weinreb, Legal Reason: The Use Of Analogy In Legal Argument (2005)), Richard A. Posner
Articles
No abstract provided.
Self-Defeating Proposals: Ackerman On Emergency Powers, Adrian Vermeule
Self-Defeating Proposals: Ackerman On Emergency Powers, Adrian Vermeule
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
The Delegation Lottery, Adrian Vermeule
The Delegation Lottery, Adrian Vermeule
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
The Judiciary And Economic Development, Kenneth W. Dam
The Judiciary And Economic Development, Kenneth W. Dam
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.