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Full-Text Articles in Law
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.
Constraining Executive Entrenchment, Jennifer Nou
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 …
Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey Stone
Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey Stone
Articles
No abstract provided.
Research Letter: Prevalence Of Sars-Cov-2 In Karnataka, India, Anup Malan, Manoj Mohanan, Kaushik Krishnan, Anu Acharya
Research Letter: Prevalence Of Sars-Cov-2 In Karnataka, India, Anup Malan, Manoj Mohanan, Kaushik Krishnan, Anu Acharya
Articles
No abstract provided.
Cost-Benefit Conventions, Jennifer Nou
On Disruption And Leximetrics: A Reply To Niels Petersen And Konstantin Chatziathanasiou, Zachary Elkins, Tom Ginsburg
On Disruption And Leximetrics: A Reply To Niels Petersen And Konstantin Chatziathanasiou, Zachary Elkins, Tom Ginsburg
Articles
No abstract provided.
Getting It Right: The Push For Open Borders Ignores The Hard Questions. How To Ask--And Answer--Them., Richard A. Epstein
Getting It Right: The Push For Open Borders Ignores The Hard Questions. How To Ask--And Answer--Them., Richard A. Epstein
Articles
No abstract provided.
Niccolò Dei Tedeschi (Panormitanus) (1386-1445), Richard Helmholz
Niccolò Dei Tedeschi (Panormitanus) (1386-1445), Richard Helmholz
Book Sections
No abstract provided.
Legal Positivism As A Realist Theory Of Law, Brian Leiter
Legal Positivism As A Realist Theory Of Law, Brian Leiter
Book Sections
No abstract provided.
Personalized Law: Different Rules For Different People, Omri Ben-Shahar, Ariel Porat
Personalized Law: Different Rules For Different People, Omri Ben-Shahar, Ariel Porat
Books
No abstract provided.
The Constitution Of The United States, Michael Paulsen, Steven Calabres, Michael Mcconnell, Samuel Bray, William Baude
The Constitution Of The United States, Michael Paulsen, Steven Calabres, Michael Mcconnell, Samuel Bray, William Baude
Books
No abstract provided.
Antitrust And Labor Markets: A Reply To Richard Epstein, Eric A. Posner
Antitrust And Labor Markets: A Reply To Richard Epstein, Eric A. Posner
Coase-Sandor Working Paper Series in Law and Economics
In his article, The Application of Antitrust Law to Labor Markets—Then and Now, Richard Epstein argues that rather than urge courts and regulators to apply antitrust law to labor markets, reformers who care about labor market competition should try to constrain unions. In this reply, I argue that Epstein’s assumptions about labor market structure are contradicted by mountains of empirical evidence. The anticompetitive behavior of employers causes significant harm to social welfare—both in terms of economic output and equity. Antitrust law is a valuable tool for addressing America’s ailing labor markets.
Equalizing The Tax Treatment Of Stock Buybacks And Dividends, Daniel J. Hemel, Gregg D. Polsky
Equalizing The Tax Treatment Of Stock Buybacks And Dividends, Daniel J. Hemel, Gregg D. Polsky
Coase-Sandor Working Paper Series in Law and Economics
his policy brief highlights flaws in the current federal tax treatment of stock buybacks and proposes to address those flaws by equalizing the tax treatment of buybacks and dividends. (We explore the proposal in greater detail in Hemel & Polsky, Taxing Buybacks, 38 Yale J. on Reg. 246 (2021), https://ssrn.com/abstract=3764112.) Stock buybacks allow foreign shareholders to avoid U.S. withholding tax on corporate cash distributions. Stock buybacks also allow U.S. taxable investors to reduce or eliminate shareholder-level tax on corporate cash distributions through a combination of deferral, loss harvesting, and stepped-up basis at death. Our proposal—based on an idea first suggested …
Stigler's Theory Of Economic Regulation After Fifty Years, Sam Peltzman
Stigler's Theory Of Economic Regulation After Fifty Years, Sam Peltzman
Coase-Sandor Working Paper Series in Law and Economics
George Stigler’s “The Theory of Economic Regulation” (1971) is a landmark in the economics of regulation. It used simple public choice reasoning to set out the “capture theory” of regulation whereby “… as a rule, regulation is acquired by the industry and is designed and operated primarily for its benefit.” This article, written for a commemoration of the 1971 article in Public Choice, summarizes the context within which the article appeared and evaluate its long run impact. A central argument is the need to distinguish “acquired” from “designed and operated.” The rule that regulation is produced in response to industry …
Visibility And Indivisibility In Resource Arrangements, Lee Anne Fennell
Visibility And Indivisibility In Resource Arrangements, Lee Anne Fennell
Coase-Sandor Working Paper Series in Law and Economics
Projects like highways, bridges, pipelines, and wildlife corridors exhibit indivisibilities—we need the whole thing to have anything of value. Many environmental and social goals have a similar all-or-nothing character: staying above or below a certain critical threshold can make all the difference. This essay focuses on the role of visibility in addressing resource dilemmas that have this structure. I examine how two kinds of visibility can help avoid catastrophic consequences and advance desirable ones. The first involves recognizing when an indivisibility is present—that is, appreciating the vulnerability of resources to thresholds and cliff effects before it is too late. The …
Framing Vaccine Mandates: Messenger And Message Effects, Christopher Buccafusco, Daniel Hemel
Framing Vaccine Mandates: Messenger And Message Effects, Christopher Buccafusco, Daniel Hemel
Coase-Sandor Working Paper Series in Law and Economics
In September 2021, President Biden announced that the Occupational Safety and Health Administration (OSHA) would require all employers with 100 or more employees to ensure that their workers are fully vaccinated against Covid-19 or show a negative test for the virus at least once a week. The policy has been widely characterized in the media as “President Biden’s vaccine mandate,” though it could be described with equal accuracy as “OSHA’s testing mandate” (since OSHA, rather than Biden, officially promulgated the policy, and once-a-week testing and vaccination are both valid compliance options). Some commentators have speculated that reframing the policy as …
Mega-Iras, Mega-401(K)S, And Other Mega-Retirement Accounts: Statement For The Record, Daniel J. Hemel, Steve Rosenthal
Mega-Iras, Mega-401(K)S, And Other Mega-Retirement Accounts: Statement For The Record, Daniel J. Hemel, Steve Rosenthal
Coase-Sandor Working Paper Series in Law and Economics
The Senate Finance Committee’s hearing on July 28, 2021 -- "Building on Bipartisan Retirement Legislation: How Can Congress Help?" -- spotlighted “mega-IRAs”: individual retirement accounts with balances of $5 million or more. An analysis by the Joint Committee on Taxation in advance of the July 28 hearing found that the number of taxpayers with mega-IRAs now exceeds 28,000. The hearing followed a June 2021 report by the nonprofit investigative journalism organization ProPublica, which revealed—based on leaked IRS files—that a handful of high-net-worth individuals had accumulated massive IRA balances. The Senate Finance Committee hearing and the ProPublica report emphasized one way …
Controlling Externalities: Ownership Structure And Cross-Firm Externalities, Dhammika Dharmapala, Vikramaditya S. Khanna
Controlling Externalities: Ownership Structure And Cross-Firm Externalities, Dhammika Dharmapala, Vikramaditya S. Khanna
Coase-Sandor Working Paper Series in Law and Economics
In recent years, debates over the social purpose of corporations have taken center stage amidst rising concern about externalities (such as those associated with climate change and harmful speech) generated by firms. A key motivation is the claim that government regulation and liability regimes appear not to be functioning sufficiently well to force firms to internalize these externalities. There is thus rising interest in exploring alternative mechanisms. In particular, a rapidly growing body of scholarship argues that index funds increasingly approximate diversified “universal owners” with incentives to maximize portfolio value (and thus to internalize cross-firm externalities). However, much of this …
Essential Businesses And Shareholder Value, Aneil Kovvali
Essential Businesses And Shareholder Value, Aneil Kovvali
Coase-Sandor Working Paper Series in Law and Economics
The COVID-19 crisis has demonstrated that Americans rely on certain for-profit corporations to supply the essentials of everyday life. Even though the government had assumed extraordinary responsibilities for the wellbeing of its citizens for the duration of the crisis, for-profit companies were deemed so essential to social functioning that workers were sent to keep them running despite the risk of infection with a deadly disease. If our society’s capacity to meet basic needs in a crisis is entirely dependent on the capacity of private corporations, it is necessary to critically evaluate the performance of the directors and officers who lead …
The Law Of Restitution For Mistaken Payments: An Economic Analysis, Dhammika Dharmapala, Nuno Garoupa
The Law Of Restitution For Mistaken Payments: An Economic Analysis, Dhammika Dharmapala, Nuno Garoupa
Coase-Sandor Working Paper Series in Law and Economics
The law of restitution and unjust enrichment has emerged as an important and independent branch of private law globally, but has attracted relatively little economic analysis. The aim of this paper is to develop a general conceptual framework for the economic analysis of the core example of restitution - mistaken payments. We develop a formal model in a parsimonious setting with two buyer-seller pairs, with low (high) transaction costs within (across) pairs. This model generates several novel insights, based on the idea that mistaken payments to strangers impose a “transaction tax” on contracting parties. It sheds new light on distortions …
The Tax Gap's Many Shades Of Gray, Daniel J. Hemel, Janet Holtzblatt, Steve Rosenthal
The Tax Gap's Many Shades Of Gray, Daniel J. Hemel, Janet Holtzblatt, Steve Rosenthal
Coase-Sandor Working Paper Series in Law and Economics
The “tax gap”—the difference between the amount of “true tax” and the amount of tax actually paid—has garnered widespread attention in recent months. Much of the commentary on the subject equates the tax gap with “tax evasion,” a term broadly understood to connote intentional (and potentially criminal) under reporting. This paper cautions against conflating the tax gap with tax evasion. The tax gap includes substantial gray areas where the law is ambiguous and the IRS’s determination of “true tax” is debatable. On top of that, the IRS’s methodology for measuring the tax gap includes upward adjustments that are recommended by …
Promoting Regulatory Prediction, Jonathan S. Masur, Jonathan Remy Nash
Promoting Regulatory Prediction, Jonathan S. Masur, Jonathan Remy Nash
Coase-Sandor Working Paper Series in Law and Economics
It is essential for environmental protection that private actors be able to anticipate government regulation. If, for instance, the Biden Administration is planning to tighten regulations of greenhouse gas emissions, it is imperative that private companies anticipate this regulatory change now, not a few years from now after they have constructed even more coal- and gas-fired power plants. Those additional power plants will mean more irreversible greenhouse gases, and these plants can be politically challenging to shutter once built. The point is general to private actors making decisions in the shadow of potential government regulation. Better information about future government …
Taxing Buybacks, Daniel J. Hemel, Gregg D. Polsky
Taxing Buybacks, Daniel J. Hemel, Gregg D. Polsky
Coase-Sandor Working Paper Series in Law and Economics
A recent rise in the volume of corporate share repurchases has prompted calls for changes to the rules governing stock buybacks. These calls for reform are animated by concerns that buybacks enrich corporate executives at the expense of productive investment. This emerging antibuyback movement includes prominent politicians as well as academics and Republicans as well as Democrats. The primary focus of buyback critics has been on securities-law changes to deter repurchases, with only passing mention of potential tax-law solutions.
This Article critically examines the policy arguments against buybacks and arrives at a mixed verdict. On the one hand, claims that …
Grid Reliability Through Clean Energy, Alexandra Klass, Joshua Macey, Shelley Welton, Hannah Jacobs Wiseman
Grid Reliability Through Clean Energy, Alexandra Klass, Joshua Macey, Shelley Welton, Hannah Jacobs Wiseman
Coase-Sandor Working Paper Series in Law and Economics
Energy policy is at a critical turning point. To counteract potentially catastrophic climate change, we must rapidly transition to clean energy. At the same time, we must ensure the reliability of an increasingly vulnerable electricity grid. In the wake of recent high-profile power failures, both policymakers and politicians have asserted that there is an inherent tension between the aims of clean energy and grid reliability. But continuing to rely on fossil fuels to avoid system outages will only exacerbate reliability challenges by contributing to increasingly extreme, climate-related weather events. These extremes will disrupt the power supply, with impacts rippling far …