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Full-Text Articles in Law
Did The Court Kill The Treason Charge?: Reassessing Cramer V. United States And Its Significance, Paul Crane
Did The Court Kill The Treason Charge?: Reassessing Cramer V. United States And Its Significance, Paul Crane
Articles
No abstract provided.
The Death Of Judicial Conservatism, David A. Strauss
Gun Control After Heller: Threats And Sideshows From A Social Welfare Perspective, Jens Ludwig, Adam M. Samaha, Philip J. Cook
Gun Control After Heller: Threats And Sideshows From A Social Welfare Perspective, Jens Ludwig, Adam M. Samaha, Philip J. Cook
Articles
What will happen after District of Columbia v. Heller? We know that five justices on the Supreme Court now oppose comprehensive federal prohibitions on home handgun possession by some class of trustworthy homeowners for the purpose of, and maybe only at the time of, self-defense. Perhaps the justices will push further and apply Heller's holding to state and local governments via the Fourteenth Amendment. But the majority opinion in Heller offered limited guidance for future cases. It did not follow a purely originalist method of constitutional interpretation, nor did it establish a constraining doctrinal framework for evaluating firearms regulation-although the …
The Future Of Law And Development, Tom Ginsburg
The Impotence Of Delaware's Taxes: A Response To Barzuza's 'Delaware's Compensation', M. Todd Henderson
The Impotence Of Delaware's Taxes: A Response To Barzuza's 'Delaware's Compensation', M. Todd Henderson
Articles
No abstract provided.
The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa
The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa
Articles
No abstract provided.
The Bankruptcy Exchange, Douglas G. Baird
Are American Ceos Overpaid, And, If So, What If Anything Should Be Done About It?, Richard A. Posner
Are American Ceos Overpaid, And, If So, What If Anything Should Be Done About It?, Richard A. Posner
Articles
No abstract provided.
Free Speech And National Security, Geoffrey R. Stone
The Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg
The Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg
Articles
This Essay examines the under-studied relationship between liberalization and litigation. Liberalization should lead to expanded civil litigation for four reasons: (1) new market entrants are less subject to informal sanctions and may have a greater propensity to go to court; (2) privatization transfers resources away from the state, expanding the number of transactions subject to civil law regimes; (3) liberalization reduces the government’s ability to resolve disputes outside the courts; and (4) liberalization leads to economic development, which is generally litigation-enhancing. We test these propositions using a unique dataset of prefecture-level civil litigation data in Japan during the 1990s. Using …
Describing The Effect Of Adaptation On Settlement, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Describing The Effect Of Adaptation On Settlement, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Articles
No abstract provided.
Happiness And Punishment, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Happiness And Punishment, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Articles
This Article continues our project of applying new findings in the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. When a state decides how to punish criminal offenders, at least one important consideration is the amount of harm any given punishment is likely to inflict. It would be undesirable, for example, to impose greater harm on those who commit less serious crimes or to impose harm that rises to the level of cruelty. Our penal system fits punishments to crimes primarily by adjusting the size of monetary fines and the length of prison …
Debate, Implicit Race Bias And The 2008 Presidential Election: Much Ado About Nothing?, Richard A. Epstein, Gregory S. Parks, Jeffrey J. Rachlinski
Debate, Implicit Race Bias And The 2008 Presidential Election: Much Ado About Nothing?, Richard A. Epstein, Gregory S. Parks, Jeffrey J. Rachlinski
Articles
No abstract provided.
Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg, Glenn Hoetker
Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg, Glenn Hoetker
Articles
This Essay examines the under-studied relationship between liberalization and litigation. Liberalization should lead to expanded civil litigation for four reasons: (1) new market entrants are less subject to informal sanctions and may have a greater propensity to go to court, (2) privatization transfers resources away from the state, expanding the number of transactions subject to civil law regimes, (3) liberalization reduces the government's ability to resolve disputes outside the courts; and (4) liberalization leads to economic development, which is generally litigation-enhancing. We test these propositions using a unique dataset of prefecture-level civil litigation data in Japan during the 1990s. Using …
Should Greenhouse Gas Permits Be Allocated On A Per Capita Basis?, Eric A. Posner, Cass R. Sunstein
Should Greenhouse Gas Permits Be Allocated On A Per Capita Basis?, Eric A. Posner, Cass R. Sunstein
Articles
Many people believe that the problem of climate change would be best handled by an international agreement that includes a system of "cap-andtrade. "Such a system would impose a global cap on greenhouse gas emissions and allocate tradable emissions permits. This proposal raises a crucial but insufficiently explored question: How should such permits be allocated? It is tempting to suggest that in principle, a cap-and-trade system should allocate permits on a per capita basis, with the idea that each person should begin with the same entitlement, regardless of place of birth. This idea, pressed by many analysts and by the …
Judicial Evaluations And Information Forcing: Ranking State High Courts And Their Judges, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati
Judicial Evaluations And Information Forcing: Ranking State High Courts And Their Judges, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati
Articles
Judges and courts get evaluated and ranked in a variety of contexts. The President implicitly ranks lower-court judges when he picks some rather than others to be promoted within the federal judiciary. The ABA and other organizations evaluate and rank these same judges. For the state courts, governors and legislatures do similar rankings and evaluations, as do interest groups. The U.S. Chamber of Commerce, for example, produces an annual ranking of the state courts that is based on surveys of business lawyers. These various rankings and evaluations are often made on the basis of subjective information and opaque criteria. The …
Interpretive Preferences And The Limits Of The New Formalism, Adam Badawi
Interpretive Preferences And The Limits Of The New Formalism, Adam Badawi
Articles
A recent movement in contracts scholarship-the so-called New Formalism-seeks to justify limitations on the introduction of extrinsic evidence to interpret contracts on the instrumental grounds of efficiency and empirical observation. Less attention has been directed at the development of a similar instrumental argument for the more contextual types of interpretation observed in the Uniform Commercial Code and the Restatement (Second) of Contracts. This Article engages this question by arguing that the relative ability of transactors to draft complete contracts is likely to be an important determinant of their preferred interpretive regime. Where low contracting costs allow commercial parties to draft …
Depoliticizing Administrative Law, Thomas J. Miles, Cass R. Sunstein
Depoliticizing Administrative Law, Thomas J. Miles, Cass R. Sunstein
Articles
A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized in the sense that Republican appointees are significantly more likely to invalidate liberal agency decisions than conservative ones, while Democratic appointees are significantly more likely to invalidate conservative agency decisions than liberal ones. These results hold for both (a) judicial review of agency interpretations of law and (b) judicial review of agency decisions for "arbitrariness" on questions of policy and fact. On the federal courts of appeals, the most highly politicized voting patterns are found on unified panels, that is, on panels consisting solely …
Crisis Governance In The Administrative State: 9/11 And The Financial Meltdown Of 2008, Eric A. Posner, Adrian Vermeule
Crisis Governance In The Administrative State: 9/11 And The Financial Meltdown Of 2008, Eric A. Posner, Adrian Vermeule
Articles
This Article compares crisis governance and emergency lawmaking after 9/11 and the financial meltdown of 2008. We argue that the two episodes were broadly similar in outline, but importantly different in detail, and we attempt to explain both the similarities and differences. First, broad political processes, rather than legal or constitutional constraints, operated in both episodes to create a similar pattern of crisis governance, in which Congress delegated large new powers to the executive. We argue that this pattern is best explained by reference to the account of lawmaking in the administrative state offered by Carl Schmitt, as opposed to …
The Perils Of Religious Passion: A Response To Professor Samuel Calhoun, Geoffrey R. Stone
The Perils Of Religious Passion: A Response To Professor Samuel Calhoun, Geoffrey R. Stone
Articles
No abstract provided.
Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case
Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case
Articles
No abstract provided.
Against Permititis: Why Voluntary Organizations Should Regulate The Use Of Cancer Drugs, Richard A. Epstein
Against Permititis: Why Voluntary Organizations Should Regulate The Use Of Cancer Drugs, Richard A. Epstein
Articles
No abstract provided.
One Hat Too Many - Investment Desegregation In Private Equity, M. Todd Henderson, William A. Birdthistle
One Hat Too Many - Investment Desegregation In Private Equity, M. Todd Henderson, William A. Birdthistle
Articles
The nature of private-equity investing has changed significantly as two dynamics have evolved in recent years: portfolio companies have begun to experience serious financial distress, and general partners have started to diversify and desegregate their investment strategies Both developments have led private-equity shops-once exclusively interested in acquiring equity positions through leveraged buyouts- to invest in other tranches of the investment spectrum, most particularly public debt. By investing now in both private equity and public debt of the same issuer, general partners are generating a host of new conflicts of interest between themselves and their limited partners, between multiple general partners …
Privatizing Democracy: Promoting Election Integrity Through Procurement Contracts, Jennifer Nou
Privatizing Democracy: Promoting Election Integrity Through Procurement Contracts, Jennifer Nou
Articles
Voting machine failures continue to plague American elections. These failures have fueled the growing sense that private machine manufacturers must be held accountable. This Note argues that, because legitimacy externalities and resource disparities across election jurisdictions pose persistent threats to electoral integrity, meaningful accountability will require greater federal oversight. This oversight must take into account the unique nature of the public-private partnership that defines this nation's system of election administration. This Note thus proposes an amendment to the Help America Vote Act of 2002, which would condition federal funds on state procurement contracts. These procurement contracts would mandate performance-based requirements …
Randomization In Adjudication, Adam M. Samaha
Randomization In Adjudication, Adam M. Samaha
Articles
Flipping a coin to decide a case is among the most serious forms of judicial misconduct. Yet judges react quite differently to other types of lotteries. Judges tend to tolerate or encourage deliberately random decisions in nonjudicial settings ranging from military drafts to experimental welfare requirements. Equally striking, most adjudicators now embrace randomization within their own institutions: they commonly use lotteries to assign incoming cases to each other. This practice creates a remarkable tension. Because adjudicators vary in competence and ideology, randomizing their case assignments will effectively randomize outcomes in a subset of merits decisions. We might then ask whether …