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Full-Text Articles in Law
Policy Preferences And Legal Interpretation, Anup Malani, Ward Farnsworth, Dustin F. Guzior
Policy Preferences And Legal Interpretation, Anup Malani, Ward Farnsworth, Dustin F. Guzior
Articles
No abstract provided.
The Social Production Of National Security, Aziz Huq
The Social Production Of National Security, Aziz Huq
Articles
This Article analyzes a recent policy innovation offered by governments on both sides of the Atlantic as a means of mitigating one form of national security risk: the idea that private individuals and voluntary associations have an untapped capacity for combating terrorism and in particular al Qaeda. Bold assertions in recent strategy statements mooting this possibility have wanted for any supporting account of how private behavior conduces to security. Even if the claimed social production of security against terrorism is causally well-founded, it is unclear how the state can elicit desirable private conduct. Consequently, the proposal's legal and policy ramifications …
Book Review (Reviewing Jack M. Balkin, Living Originalism (2011)), David A. Strauss
Book Review (Reviewing Jack M. Balkin, Living Originalism (2011)), David A. Strauss
Articles
No abstract provided.
Our Electoral Exceptionalism, Nicholas Stephanopoulos
Our Electoral Exceptionalism, Nicholas Stephanopoulos
Articles
Election law suffers from a comparative blind spot. Scholars in the field have devoted almost no attention to how other countries organize their electoral systems, let alone to the lessons that can be drawn from foreign experiences. This Article begins to fill this gap by carrying out the first systematic analysis of redistricting practices around the world. The Article initially separates district design into its three constituent components: institutions, criteria, and minority representation. For each component, the Article then describes the approaches used in America and abroad, introduces a new conceptual framework for classifying different policies, and challenges the exceptional …
Is Texas Hold 'Em A Game Of Chance? A Legal And Economic Analysis, Thomas J. Miles, Steven Levitt, Andrew M. Rosenfield
Is Texas Hold 'Em A Game Of Chance? A Legal And Economic Analysis, Thomas J. Miles, Steven Levitt, Andrew M. Rosenfield
Articles
In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), prohibiting the knowing receipt of funds for the purpose of unlawful gambling. The principal consequence of the UIGEA was the shutdown of the burgeoning online poker industry in the United States. Courts determine whether a game is prohibited gambling by asking whether skill or luck is the "dominant factor" in the game. We argue that courts' conception of a dominant factor— whether chance swamps the effect of skill in playing a single hand of poker—is unduly narrow. We develop four alternative tests to distinguish the impact of skill and …
Advertising Expensive Mortgages, Umit G. Gurun, Gregor Matvos, Amit Seru
Advertising Expensive Mortgages, Umit G. Gurun, Gregor Matvos, Amit Seru
Kreisman Working Paper Series in Housing Law and Policy
We use a unique dataset that combines information on advertising and mortgages originated by subprime lenders to study whether advertising helped consumers find cheaper mortgages. Lenders who advertise more within a region sell more expensive mortgages, measured as the excess rate of a mortgage after accounting for a broad set of borrower, contract, and regional characteristics. These effects are stronger for mortgages sold to less sophisticated consumers. We exploit variation in mortgage advertising induced by the entry of Craigslist across different regions as well as a battery of other tests to demonstrate that the relation between advertising and mortgage expensiveness …
No Contract?, Oren Bar-Gill, Omri Ben-Shahar
No Contract?, Oren Bar-Gill, Omri Ben-Shahar
Coase-Sandor Working Paper Series in Law and Economics
"No Contract" is on the rise in many consumer markets. Sellers are luring customers with the assurance that no commitment is required—that the consumer can terminate the service freely at any time, without paying a termination penalty. What explains the increasing prevalence of No Contract? Is it welfare enhancing? We examine the costs and benefits of No Contract, as compared to the lock-in alternative, and conclude that the rise of No Contract is generally desirable, a market response to consumers' growing awareness and understanding of the costs of lock-in. We argue, however, that lock-ins continue to prevail less conspicuously, through …
Personalizing Default Rules And Disclosure With Big Data, Lior Strahilevitz, Ariel Porat
Personalizing Default Rules And Disclosure With Big Data, Lior Strahilevitz, Ariel Porat
Public Law and Legal Theory Working Papers
This paper provides the first comprehensive account of personalized default rules and personalized disclosure in the law. Under a personalized approach to default rules, individuals are assigned default terms in contracts or wills that are tailored to their own personalities, characteristics, and past behaviors. Similarly, disclosures by firms or the state can be tailored so that only information likely to be relevant to an individual is disclosed, and information likely to be irrelevant to her is omitted. The paper explains how the rise of Big Data makes the effective personalization of default rules and disclosure far easier than it would …
Access And The Public Domain, Randal C. Picker
Access And The Public Domain, Randal C. Picker
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Legal Realisms, Old And New, Brian Leiter
Bankruptcy Step Zero, Anthony Casey, Douglas G. Baird
Bankruptcy Step Zero, Anthony Casey, Douglas G. Baird
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Policing Immigration, Thomas J. Miles, Adam B. Cox
Policing Immigration, Thomas J. Miles, Adam B. Cox
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Personalizing Default Rules And Disclosure With Big Data, Ariel Porat, Lior Strahilevitz
Personalizing Default Rules And Disclosure With Big Data, Ariel Porat, Lior Strahilevitz
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Raising The Stakes In Patent Cases, Jonathan Masur, Anup Malani
Raising The Stakes In Patent Cases, Jonathan Masur, Anup Malani
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Asset Quality Misrepresentation By Financial Intermediaries: Evidence From Rmbs Market, Tomasz Piskorski, Amit Seru, James Witkin
Asset Quality Misrepresentation By Financial Intermediaries: Evidence From Rmbs Market, Tomasz Piskorski, Amit Seru, James Witkin
Kreisman Working Paper Series in Housing Law and Policy
We contend that buyers received false information about the true quality of assets in contractual disclosures by intermediaries during the sale of mortgages in the $2 trillion non-agency market. We construct two measures of misrepresentation of asset quality -- misreported occupancy status of borrower and misreported second liens -- by comparing the characteristics of mortgages disclosed to the investors at the time of sale with actual characteristics of these loans at that time that are available in a dataset matched by a credit bureau. About one out of every ten loans has one of these misrepresentations. These misrepresentations are not …
Altruism Exchanges And The Kidney Shortage, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati
Altruism Exchanges And The Kidney Shortage, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati
Coase-Sandor Working Paper Series in Law and Economics
Not enough kidneys are donated each year to satisfy the demand from patients who need them. Strong moral and legal norms interfere with market-based solutions. To improve the supply of kidneys without violating these norms, we propose legal reforms that would strengthen the incentive to donate based on altruistic motives. We propose that donors be permitted to donate kidneys in exchange for commitments by recipients or their benefactors to engage in charitable activity or to donate funds to charities chosen by donors. And we propose that charities be permitted to create Altruism Exchanges, which would permit large numbers of altruists …
Public-Private Partnerships And Termination For Convenience Clauses: Time For A Mandate, Julie Roin
Public-Private Partnerships And Termination For Convenience Clauses: Time For A Mandate, Julie Roin
Articles
No abstract provided.
Foreword: The Unfinished Business Of The Supreme Court - An Introduction, Richard A. Epstein
Foreword: The Unfinished Business Of The Supreme Court - An Introduction, Richard A. Epstein
Articles
No abstract provided.
Intellectual Property And The Law Of Contract: The Case Against "Efficient Breach", Richard A. Epstein
Intellectual Property And The Law Of Contract: The Case Against "Efficient Breach", Richard A. Epstein
Articles
No abstract provided.
Jersey Central Power & Light Co V Federal Energy Regulatory Comission: Robert Bork On Public Utility Rate Regulation--And Lochner V New York, Richard A. Epstein
Jersey Central Power & Light Co V Federal Energy Regulatory Comission: Robert Bork On Public Utility Rate Regulation--And Lochner V New York, Richard A. Epstein
Articles
No abstract provided.
Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton
Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton
Articles
International lawyers are familiar with the concept of extraterritoriality the application of one country's laws to persons, conduct, or relationships outside of that country. Yet the transborder application of law is not limited to international cases. In many states, the presence of indigenous peoples, often within defined borders, creates an analogous puzzle. This Article begins a comparative study of foreign-and native-affairs law by examining the application of domestic laws to foreign facts ("extraterritoriality") and to indigenous peoples, often called "nations" ("extranationality"). Using a distinctive double-comparative perspective, this Article analyzes extraterritoriality and extranationality across three countries: the United States, Canada, and …
Copyright And Technology: Deja Vu All Over Again, Randal C. Picker
Copyright And Technology: Deja Vu All Over Again, Randal C. Picker
Articles
No abstract provided.
The Right Not To Use In Property And Patent Law, Eduardo Peñalver, Oskar Liivak
The Right Not To Use In Property And Patent Law, Eduardo Peñalver, Oskar Liivak
Articles
In Continental Paper Bag Co. v. Eastern Paper Bag Co., the Supreme Court held (1) that patent owners have an absolute right not to practice their patent and (2) that even these nonpracticing patent owners are entitled to the liberal use of injunctive relief against infringers. Both of these holdings have been very important to the viability of patent assertion entities, the so-called patent trolls. In eBay Inc. v. MercExchange, L.L.C., the Supreme Court softened the injunction rule. In this Article, we argue that Congress or the Court should reconsider Continental Paper Bag's embrace of an absolute right not to …
Emergency Power And Two-Tiered Legality, Curtis A. Bradley
Emergency Power And Two-Tiered Legality, Curtis A. Bradley
Articles
Commentators have long debated how to think about the relationship between law and presidential power during emergencies. Three distinct positions have emerged in that debate. First is the strict approach: that the president is subject to the normal constitutional and statutory laws even during emergencies. Second is the accommodation approach: that constitutional and statutory law should be interpreted to allow for more expansive presidential power during time of emergency. Third is the extralegal approach: that exercises of emergency authority should be understood as operating outside the law, potentially with some sort of after-the-fact evaluation of whether the exercise was functionally …
Tushnet's Lawless World: A Response To Mark Tushnet, Book Review, Epstein's Best Of All Possible Worlds: The Rule Of Law, 80 U Chi L Rev 487 (2013), Richard A. Epstein
Tushnet's Lawless World: A Response To Mark Tushnet, Book Review, Epstein's Best Of All Possible Worlds: The Rule Of Law, 80 U Chi L Rev 487 (2013), Richard A. Epstein
Articles
No abstract provided.
Contract Versus Property Damages, Omri Ben-Shahar
Fixing Obamacare: The Virtues Of Choice, Competition And Deregulation, Richard A. Epstein, David A. Hyman
Fixing Obamacare: The Virtues Of Choice, Competition And Deregulation, Richard A. Epstein, David A. Hyman
Articles
No abstract provided.
Introduction: A Law And Economics Approach To European Contract Law, Omri Ben-Shahar
Introduction: A Law And Economics Approach To European Contract Law, Omri Ben-Shahar
Articles
No abstract provided.
The Dynamics Of Contract Evolution, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati
The Dynamics Of Contract Evolution, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati
Articles
Contract scholarship has given little attention to the production process for contracts. The usual assumption is that the parties will construct the contract ex nihilo, choosing all the terms so that they will maximize the surplus from the contract. In fact, parties draft most contracts by slightly modifying the terms of contracts that they have used in the past, or that other parties have used in related transactions. A small literature on boilerplate recognizes this phenomenon, but little empirical work examines the process. This Article provides an empirical analysis by drawing on a dataset of sovereign bonds. We show that …
Free Trade And Free Immigration: Why Domestic Competitive Injury Should Never Influence Government Policy, Richard A. Epstein
Free Trade And Free Immigration: Why Domestic Competitive Injury Should Never Influence Government Policy, Richard A. Epstein
Articles
No abstract provided.