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Qualified Immunity's Boldest Lie, Joanna C. Schwartz May 2021

Qualified Immunity's Boldest Lie, Joanna C. Schwartz

University of Chicago Law Review

Qualified immunity shields government officials from damages liability—even if they have violated plaintiffs’ constitutional rights—so long as they have not violated “clearly established law.” The Supreme Court has explained that water-shed cases describing legal requirements—like Graham v. Connor and Tennessee v. Garner—are alone insufficient to clearly establish the law. Instead, the plaintiff must find prior cases applying Graham and Garner to cases with facts virtually identical to their own case, explaining that such factually analogous cases are necessary to put officers on notice of the illegality of their conduct. But do officers actually know about the facts and holdings of …


Organizational Rights In Times Of Crisis, Adam Chilton, Mila Versteeg May 2021

Organizational Rights In Times Of Crisis, Adam Chilton, Mila Versteeg

University of Chicago Law Review

As populist leaders gain power around the world, democratic governments retreat, and authoritarian states gain power in the international system,1 it is critical to find levers of resistance. Professors Adam Chilton and Mila Versteeg’s masterful volume, How Constitutional Rights Matter, offers a timely and provocative answer: let’s look to organizations as potential defenders of rights in challenging times.2 In a world in which human rights are widely understood as individual rights, it is high time to theorize about how organizations can help vindicate these individual protections.

The specific thesis Chilton and Versteeg promote is that “some rights, once …


Classaction.Gov, Amanda M. Rose Mar 2021

Classaction.Gov, Amanda M. Rose

University of Chicago Law Review

This Essay proposes the creation of a federally run class action website and supporting administration (collectively, Classaction.gov) that would both operate a comprehensive research database on class actions and assume many of the notice and claims-processing functions performed by class action claims administrators today. Classaction.gov would bring long-demanded transparency to class actions and, through forces of legitimization and coordination, would substantially increase the rate of consumer participation in class action settlements. It also holds the key to mitigating other problems in class action practice, such as the inefficiencies and potential abuses associated with multiforum litigation, the limited success of the …


The Corpus And The Critics, Thomas R. Lee, Stephen C. Mouritsen Mar 2021

The Corpus And The Critics, Thomas R. Lee, Stephen C. Mouritsen

University of Chicago Law Review

Most any approach to interpretation of the language of law begins with a search for ordinary meaning. Increasingly, judges, scholars, and practitioners are highlighting shortcomings in our means for assessing such meaning. With this in mind, we have proposed the use of the tools of corpus linguistics to take up the task. Our proposals have gained traction but have also seen significant pushback. The search for ordinary meaning poses a series of questions that are amenable to evaluation and analysis using evidence of language usage. And we have proposed to use the tools of corpus linguistics—tools for assessing patterns of …


The Missing Indian Affairs Clause, Lorianne Updike Toler Mar 2021

The Missing Indian Affairs Clause, Lorianne Updike Toler

University of Chicago Law Review

Congressional plenary power over Native Americans sits in direct conflict with tribal sovereignty. Scholarship and case law justifying plenary power run the gamut from finding an expansive preconstitutional federal plenary power over Native Americans to narrowly reading the Indian Commerce Clause to limit congressional power to trade alone. All claim historical legitimacy, but none has been able to explain why the Indian Affairs Clause from the Articles of Confederation failed to appear in the Constitution or, conversely, why the new federal government never limited itself to regulating Indian trade. The combination of the unexplained textual shrinkage and disharmony between text …


Why Judicial Independence Fails, Aziz Huq Jan 2021

Why Judicial Independence Fails, Aziz Huq

Articles

No abstract provided.


Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg

Articles

No abstract provided.


New Empirical Tests For Classic Litigation Selection Models: Evidence From A Low Settlement Environment, Yun-Chien Chang, William H.J. Hubbard Jan 2021

New Empirical Tests For Classic Litigation Selection Models: Evidence From A Low Settlement Environment, Yun-Chien Chang, William H.J. Hubbard

Articles

No abstract provided.


Designing Supreme Court Term Limits, Adam Chilton, Daniel Epps, Kyle Rozema, Maya Sen Jan 2021

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 Jan 2021

Congress's Commissioners, Brian Feinstein, M Henderson

Articles

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

Articles

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

Articles

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

Articles

No abstract provided.


Remixing Resources, Lee Fennell Jan 2021

Remixing Resources, Lee Fennell

Articles

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

Articles

No abstract provided.


Democracy As Failure, Aziz Z. Huq Jan 2021

Democracy As Failure, Aziz Z. Huq

Articles

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

Articles

No abstract provided.


Taxing Buybacks, Daniel Daniel, Gregg Polsky Jan 2021

Taxing Buybacks, Daniel Daniel, Gregg Polsky

Articles

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

Articles

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

Articles

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

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 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 …