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Full-Text Articles in Law
Harmful, Harmless, And Beneficial Uncertainty In Law, Scott Baker, Alex Raskolnikov
Harmful, Harmless, And Beneficial Uncertainty In Law, Scott Baker, Alex Raskolnikov
Faculty Scholarship
This article examines the impact of four types of law-related uncertainty on the utility of risk-neutral agents. We find that greater legal or factual uncertainty makes agents worse off if enforcement is targeted (meaning that greater deviations from what the law demands lead to a greater probability of enforcement), or if sanctions are graduated (meaning that greater deviations from what the law demands result in higher sanctions). In contrast, agents are indifferent to changes in detection uncertainty induced by variation in enforcement resources or to changes in sanction uncertainty arising from legally irrelevant factors. Finally, risk-neutral agents benefit from greater …
Internal Administrative Law Before And After The Apa, Gillian E. Metzger, Kevin M. Stack
Internal Administrative Law Before And After The Apa, Gillian E. Metzger, Kevin M. Stack
Faculty Scholarship
From his early work on social security to more recent scholarship excavating the first hundred years of administrative life in the United States, Professor Jerry L. Mashaw has forcefully argued for the centrality of “internal administrative law.” Internal administrative law, as Mashaw elaborates the term, is the set of practices, procedures, and pronouncements that administrative agencies adopt to structure their work. In his view, understanding administrative institutions and their promise for systemic legality depends upon recognizing their internal administrative law. Yet, as Mashaw observes, despite its importance, internal administrative law remains at the outskirts of the field of administrative law …
The Supreme Court, Madhav Khosla, Ananth Padmanabhan
The Supreme Court, Madhav Khosla, Ananth Padmanabhan
Faculty Scholarship
Over time, the Supreme Court of India has evolved from being a court of law to a major institutional actor in the political arena. The present chapter analyses this transition by directing external and internal lenses on the court’s functioning. The external lens reveals engagement by the Court with legislative and executive domains of governance, and the current concerns of transparency and accountability that it faces. The internal lens scrutinizes the Court’s success as a court of law and its capability to streamline the judicial process such that the judicial system lives up to the legitimate expectations of the litigant …