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Full-Text Articles in Law
Why Judicial Independence Fails, Aziz Huq
Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan
Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan
Articles
No abstract provided.
Long Live The Federal Power Act’S Bright Line, Joshua Macey
Long Live The Federal Power Act’S Bright Line, Joshua Macey
Articles
No abstract provided.
Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case
Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case
Articles
No abstract provided.
The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg
The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg
Articles
No abstract provided.
Designing Supreme Court Term Limits, Adam Chilton, Daniel Epps, Kyle Rozema, Maya Sen
Designing Supreme Court Term Limits, Adam Chilton, Daniel Epps, Kyle Rozema, Maya Sen
Articles
Since the Founding, Supreme Court Justices have enjoyed life tenure. This helps insulate the Justices from political pressures, but it also results in unpredictable deaths and strategic retirements determining the timing of Court vacancies. In order to regularize the appointments process, a number of academics and policymakers have put forward detailed term-limits proposals. However, many of these proposals have been silent on several key design decisions, and there has been almost no empirical work assessing the impact that term limits would have on the composition of the Supreme Court.
This Article provides a framework for designing a complete term-limits proposal …
Congress's Commissioners, Brian Feinstein, M Henderson
Chevronizing Around Cost-Benefit Analysis, Jonathan Masur, Eric Posner
Chevronizing Around Cost-Benefit Analysis, Jonathan Masur, Eric Posner
Articles
No abstract provided.
Property Law For The Ages, Michael Pollack, Lior Strahilevitz
Property Law For The Ages, Michael Pollack, Lior Strahilevitz
Articles
No abstract provided.
Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein
Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein
Articles
No abstract provided.
Rethinking Nudge: An Information-Costs Theory Of Default Rules, Oren Bar-Gill, Omri Ben-Shahar
Rethinking Nudge: An Information-Costs Theory Of Default Rules, Oren Bar-Gill, Omri Ben-Shahar
Articles
Policy makers and scholars—both lawyers and economists—have long pondered the optimal design of default rules. From the classic works on “mimicking” defaults for contracts and corporations to the modern rush to set “sticky” default rules to promote policies as diverse as organ donation, retirement savings, consumer protection, and data privacy, the optimal design of default rules has featured as a central regulatory challenge. The key element driving the design is opt-out costs— how to minimize them, or, alternatively, how to raise them to make the default sticky. Much of the literature has focused on “mechanical” opt-out costs—the effort people incur …
Discovering Racial Discrimination By The Police, Alison Siegler
Discovering Racial Discrimination By The Police, Alison Siegler
Articles
No abstract provided.
Remixing Resources, Lee Fennell
Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude
Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude
Articles
No abstract provided.
The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse
The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse
Articles
No abstract provided.
Taxing Buybacks, Daniel Daniel, Gregg Polsky
Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony Casey, Joshua Macey
Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony Casey, Joshua Macey
Articles
No abstract provided.
Valuation Blunders In The Law Of Eminent Domain, Richard Epstein
Valuation Blunders In The Law Of Eminent Domain, Richard Epstein
Articles
No abstract provided.
Limiting The Pardon Power, Albert W. Alschuler
Limiting The Pardon Power, Albert W. Alschuler
Articles
Although our government is said to be one of checks and balances, the president’s power “to grant Reprieves and Pardons for Offenses against the United States” appears to be unlimited. In granting this power, the Framers deliberately cast structural safeguards aside. Nevertheless, the presidency of Donald Trump prompted a search for limits. This Article examines: (1) whether a president may pardon crimes that have not yet happened (or announce his intention to do so); (2) whether he may pardon himself; (3) whether he may use pardons to obstruct justice or commit other crimes; (4) whether criminal statutes should be construed …
Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett
Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett
Articles
Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama's immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante, but the record of using prosecutorial discretion to accomplish humanitarian goals in immigration enforcement under Obama was, at best, mixed. Moreover, it is unclear whether Biden can depend on the availability of programs such as Deferred Action for Childhood Arrivals (DACA), Obama's signature prosecutorial discretion program. Although the …
Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams
Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams
Articles
No abstract provided.
The Eventual Decline Of Empirical Law And Economics, Saul Levmore
The Eventual Decline Of Empirical Law And Economics, Saul Levmore
Articles
No abstract provided.
The Social Science Approach To International Law, Daniel Abebe, Adam Chilton, Tom Ginsburg
The Social Science Approach To International Law, Daniel Abebe, Adam Chilton, Tom Ginsburg
Articles
No abstract provided.
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola, Chelsea Kehrer, Hannah Abrahams
Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola, Chelsea Kehrer, Hannah Abrahams
Global Human Rights Clinic
No abstract provided.
Petitioner’S Final Observations On The Merits Petition No. 1418-07, Siti Aisah And Others V. United States Of America, Claudia Flores, Mariana Olaizola, Ana Luquerna, Keila Mayberry
Petitioner’S Final Observations On The Merits Petition No. 1418-07, Siti Aisah And Others V. United States Of America, Claudia Flores, Mariana Olaizola, Ana Luquerna, Keila Mayberry
Global Human Rights Clinic
No abstract provided.
Symposium: The Roberts Court And Free Speech: Transcript, Michael Cahill, Joel Gora, Geoffrey Stone
Symposium: The Roberts Court And Free Speech: Transcript, Michael Cahill, Joel Gora, Geoffrey Stone
Articles
No abstract provided.
The Boundaries Of Normative Law And Economics, Eric Posner
The Boundaries Of Normative Law And Economics, Eric Posner
Articles
No abstract provided.
The Comparative Constitutional Law Of Presidential Impeachment, Aziz Huq, Tom Ginsburg, David Landau
The Comparative Constitutional Law Of Presidential Impeachment, Aziz Huq, Tom Ginsburg, David Landau
Articles
No abstract provided.
The Other American Law, Elizabeth Reese
Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam Chilton, Nuno Garoupa
Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam Chilton, Nuno Garoupa
Articles
There is a large body of research in economics and law suggesting that the legal origin of a country that is, whether its legal regime is based on English common law or French, German, or Nordic civil law--profoundly impacts a range of outcomes. However, the exact relationship between legal origin and legal substance has been disputed in the literature and not fully explored with nuanced legal coding. We revisit this debate while leveraging novel cross-country datasets that provide detailed coding of two areas of laws: property and antitrust. We find that having shared legal origins strongly predicts whether countries have …