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Full-Text Articles in Law

Congress's Commissioners, Brian Feinstein, M Henderson Jan 2021

Congress's Commissioners, Brian Feinstein, M Henderson

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No abstract provided.


Chevronizing Around Cost-Benefit Analysis, Jonathan Masur, Eric Posner Jan 2021

Chevronizing Around Cost-Benefit Analysis, Jonathan Masur, Eric Posner

Articles

No abstract provided.


Property Law For The Ages, Michael Pollack, Lior Strahilevitz Jan 2021

Property Law For The Ages, Michael Pollack, Lior Strahilevitz

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No abstract provided.


Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein Jan 2021

Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein

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No abstract provided.


Rethinking Nudge: An Information-Costs Theory Of Default Rules, Oren Bar-Gill, Omri Ben-Shahar Jan 2021

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 …


United Nations Endorsement And Support For Human Rights: An Experiment On Women's Rights In Pakistan., Adam Chilton, Gulnaz Anjum, Zahid Usman Jan 2021

United Nations Endorsement And Support For Human Rights: An Experiment On Women's Rights In Pakistan., Adam Chilton, Gulnaz Anjum, Zahid Usman

Articles

No abstract provided.


Discovering Racial Discrimination By The Police, Alison Siegler Jan 2021

Discovering Racial Discrimination By The Police, Alison Siegler

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No abstract provided.


Remixing Resources, Lee Fennell Jan 2021

Remixing Resources, Lee Fennell

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No abstract provided.


Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude Jan 2021

Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude

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No abstract provided.


Democracy As Failure, Aziz Z. Huq Jan 2021

Democracy As Failure, Aziz Z. Huq

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No abstract provided.


The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse Jan 2021

The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse

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No abstract provided.


Taxing Buybacks, Daniel Daniel, Gregg Polsky Jan 2021

Taxing Buybacks, Daniel Daniel, Gregg Polsky

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No abstract provided.


The Foreign Tax Credit Implications Of Reallocating The Income Of "Digital" Taxpayers, Julie Roin Jan 2021

The Foreign Tax Credit Implications Of Reallocating The Income Of "Digital" Taxpayers, Julie Roin

Articles

No abstract provided.


Sex And The Constitution: Some Additional Views Of The Cathedral, Mary Anne Case Jan 2021

Sex And The Constitution: Some Additional Views Of The Cathedral, Mary Anne Case

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No abstract provided.


Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony Casey, Joshua Macey Jan 2021

Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony Casey, Joshua Macey

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No abstract provided.


Valuation Blunders In The Law Of Eminent Domain, Richard Epstein Jan 2021

Valuation Blunders In The Law Of Eminent Domain, Richard Epstein

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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 Rosenblat, Chelsea Kehrer, Hannah Abrahams Jan 2021

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 Rosenblat, Chelsea Kehrer, Hannah Abrahams

Articles

No abstract provided.


Limiting The Pardon Power, Albert W. Alschuler Jan 2021

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 Jan 2021

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 …


Zombie Energy Laws, Joshua Macey Jan 2021

Zombie Energy Laws, Joshua Macey

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No abstract provided.


Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams Jan 2021

Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams

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No abstract provided.


The Eventual Decline Of Empirical Law And Economics, Saul Levmore Jan 2021

The Eventual Decline Of Empirical Law And Economics, Saul Levmore

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No abstract provided.


The Social Science Approach To International Law, Daniel Abebe, Adam Chilton, Tom Ginsburg Jan 2021

The Social Science Approach To International Law, Daniel Abebe, Adam Chilton, Tom Ginsburg

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No abstract provided.


Symposium: The Roberts Court And Free Speech: Transcript, Michael Cahill, Joel Gora, Geoffrey Stone Jan 2021

Symposium: The Roberts Court And Free Speech: Transcript, Michael Cahill, Joel Gora, Geoffrey Stone

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No abstract provided.


The Boundaries Of Normative Law And Economics, Eric Posner Jan 2021

The Boundaries Of Normative Law And Economics, Eric Posner

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No abstract provided.


Constraining Executive Entrenchment, Jennifer Nou Jan 2021

Constraining Executive Entrenchment, Jennifer Nou

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No abstract provided.


The Comparative Constitutional Law Of Presidential Impeachment, Aziz Huq, Tom Ginsburg, David Landau Jan 2021

The Comparative Constitutional Law Of Presidential Impeachment, Aziz Huq, Tom Ginsburg, David Landau

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No abstract provided.


The Other American Law, Elizabeth Reese Jan 2021

The Other American Law, Elizabeth Reese

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No abstract provided.


Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam Chilton, Nuno Garoupa Jan 2021

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 …


Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey Stone Jan 2021

Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey Stone

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No abstract provided.