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Articles 1981 - 2010 of 6510

Full-Text Articles in Law

Redundant Public-Private Enforcement, Zachary D. Clopton Mar 2015

Redundant Public-Private Enforcement, Zachary D. Clopton

Coase-Sandor Institute for Law & Economics Research Paper Series

Redundancy is a four-letter word. According to courts and scholars, redundant litigation is costly, unfair, and confounding. Modern civil procedure has a (nearly) maximalist preference for centralization, and various rules seek to limit duplicative suits within and across court systems. This seemingly dominant view stands in marked contrast to the reality of the modern regulatory state. Redundant public-private enforcement, in which public and private actors have overlapping authority to enforce the law, is ubiquitous. Redundant enforcement also is noticeably underrepresented in the substantial literature on private and public enforcement, which treats government agencies and private attorneys general as substitutes rather …


A Fresh Look At Plausibility Pleading, William Hubbard Mar 2015

A Fresh Look At Plausibility Pleading, William Hubbard

Coase-Sandor Institute for Law & Economics Research Paper Series

The plausibility pleading regime of Twombly and Iqbal has gener-ated continuing controversy and concern over its effects on the ability of plaintiffs, particularly certain categories of civil rights plaintiffs, to bring cases in federal court. I assess the effects of plausibility pleading by undertaking a novel thought experiment: What would a plaintiff’s filing and pleading decisions look like in a world with no pleading standard at all? In other words, what if there were no motions to dis-miss for failure to state a claim, and every filed case could reach dis-covery? I show that in this hypothetical world, plaintiffs usually …


Agency Slack And The Design Of Criminal Justice Institutions, Aziz Huq Mar 2015

Agency Slack And The Design Of Criminal Justice Institutions, Aziz Huq

Public Law and Legal Theory Working Papers

No abstract provided.


Fraudulent Income Overstatement On Mortgage Applications During The Credit Expansion Of 2002 To 2005, Atif Mian, Amir Sufi Feb 2015

Fraudulent Income Overstatement On Mortgage Applications During The Credit Expansion Of 2002 To 2005, Atif Mian, Amir Sufi

Kreisman Working Paper Series in Housing Law and Policy

Academic research, government inquiries, and press accounts show extensive mortgage fraud during the housing boom of the mid-2000s. We explore a particular type of mortgage fraud: the overstatement of income on mortgage applications. We define “income ove


The New And Old Originalism: A Discussion, Steven Douglas Smith, Michael B. Rappaport, William Baude, Stephen E. Sachs Feb 2015

The New And Old Originalism: A Discussion, Steven Douglas Smith, Michael B. Rappaport, William Baude, Stephen E. Sachs

Public Law and Legal Theory Working Papers

These five essays, which were originally published on the Library of Law and Liberty website, explore several themes involving the new and o


The Interbellum Constitution: Federalism In The Long Founding Moment, Alison Lacroix Feb 2015

The Interbellum Constitution: Federalism In The Long Founding Moment, Alison Lacroix

Articles

No abstract provided.


The Law Of Police, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa Feb 2015

The Law Of Police, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa

Public Law and Legal Theory Working Papers

No abstract provided.


Slicing Spontaneity, Lee Anne Fennell Feb 2015

Slicing Spontaneity, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.


Toward A Pigovian State, Jonathan Masur, Eric A. Posner Feb 2015

Toward A Pigovian State, Jonathan Masur, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.


Vengeance, Complicity And Criminal Law In Othello, Richard H. Mcadams Feb 2015

Vengeance, Complicity And Criminal Law In Othello, Richard H. Mcadams

Public Law and Legal Theory Working Papers

No abstract provided.


Do Not Cite Or Circulate, Lee Anne Fennell Feb 2015

Do Not Cite Or Circulate, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.


A Framework For Bailout Regulation, Anthony Casey, Eric A. Posner Feb 2015

A Framework For Bailout Regulation, Anthony Casey, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.


Slicing Spontaneity, Lee Anne Fennell Feb 2015

Slicing Spontaneity, Lee Anne Fennell

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


The New And Old Originalism: A Discussion, Steven Douglas Smith, Michael B. Rappaport, William Baude, Stephen E. Sachs Feb 2015

The New And Old Originalism: A Discussion, Steven Douglas Smith, Michael B. Rappaport, William Baude, Stephen E. Sachs

Coase-Sandor Institute for Law & Economics Research Paper Series

These five essays, which were originally published on the Library of Law and Liberty website, explore several themes involving the new and o


A Framework For Bailout Regulation, Anthony Casey, Eric A. Posner Feb 2015

A Framework For Bailout Regulation, Anthony Casey, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

During the height of the financial crisis in 2008 and 2009, the government bailed out numerous corporations, including banks, investment banks, and automobile manufacturers. While the bailouts helped end the financial crisis, they were intensely controver


Continuity In Secession: The Case Of The Confederate Constitution, Alison Lacroix Feb 2015

Continuity In Secession: The Case Of The Confederate Constitution, Alison Lacroix

Public Law and Legal Theory Working Papers

No abstract provided.


A Man For All Treasons: Crimes By And Against The Tudor State In The Novels Of Hilary Mantel, Alison Lacroix Feb 2015

A Man For All Treasons: Crimes By And Against The Tudor State In The Novels Of Hilary Mantel, Alison Lacroix

Public Law and Legal Theory Working Papers

No abstract provided.


Agency Coordinators Outside Of The Executive Branch, Jennifer Nou Jan 2015

Agency Coordinators Outside Of The Executive Branch, Jennifer Nou

Articles

No abstract provided.


Regional Redistribution Through The U.S. Mortgage Market, Erik Hurst, Benjamin J. Keys, Amit Seru, Joseph Vavra Jan 2015

Regional Redistribution Through The U.S. Mortgage Market, Erik Hurst, Benjamin J. Keys, Amit Seru, Joseph Vavra

Kreisman Working Paper Series in Housing Law and Policy

No abstract provided.


Aftershocks: The Human Impact Of U.S. Deportations To Post-Earthquake Haiti, University Of Chicago Law School - Global Human Rights Clinic, University Of Miami Law School Immigration Clinic, University Of Miami Law School Human Rights Clinic Jan 2015

Aftershocks: The Human Impact Of U.S. Deportations To Post-Earthquake Haiti, University Of Chicago Law School - Global Human Rights Clinic, University Of Miami Law School Immigration Clinic, University Of Miami Law School Human Rights Clinic

Global Human Rights Clinic

Haiti still reels from the devastating effects of the January 12, 2010 earthquake that killed over 300,000 people, rendered one in seven Haitians homeless, and wreaked $9 billion of damage in a country whose 2009 GDP was only $7 billion. At least 85,000 people still live in internally displaced person camps (IDP camps) and many have moved back into shoddy structures that would not survive another earthquake. The cholera epidemic that struck Haiti in the wake of the earthquake has been characterized by the Centers for Disease Control and Prevention (CDC) as “the worst cholera outbreak in recent history,” killing …


Even Immoral Governments Should Stop Torturing To Attract Investment, Eleanor Healy-Birt Jan 2015

Even Immoral Governments Should Stop Torturing To Attract Investment, Eleanor Healy-Birt

International Program Papers

No abstract provided.


A Revolution Deferred: Racism In Cuba, Ronald Jones Jan 2015

A Revolution Deferred: Racism In Cuba, Ronald Jones

International Program Papers

No abstract provided.


The Impact Of Law Firm Litigation In International Trade Disputes, Robert S. Sandoval Jan 2015

The Impact Of Law Firm Litigation In International Trade Disputes, Robert S. Sandoval

International Program Papers

No abstract provided.


The Two Equilibriums Arising From The Eu Qualification Directive On The Scope And Content Of International Protection, Yuan Yuan Jan 2015

The Two Equilibriums Arising From The Eu Qualification Directive On The Scope And Content Of International Protection, Yuan Yuan

International Program Papers

No abstract provided.


Lineamientos De La Política Económica Y Social Del Partido Y La Revolución: An Overview Of Cuban Domestic Reform, Jessica Gonzalez Jan 2015

Lineamientos De La Política Económica Y Social Del Partido Y La Revolución: An Overview Of Cuban Domestic Reform, Jessica Gonzalez

International Program Papers

No abstract provided.


Recent Reforms In Cuban Housing Policy, John Grein Jan 2015

Recent Reforms In Cuban Housing Policy, John Grein

International Program Papers

No abstract provided.


Privacy In Cuba, Dan Epstein Jan 2015

Privacy In Cuba, Dan Epstein

International Program Papers

No abstract provided.


The Case Against Judicialization Of The Wto Dispute Settlement System, Don (Dong Hyun) Song Jan 2015

The Case Against Judicialization Of The Wto Dispute Settlement System, Don (Dong Hyun) Song

International Program Papers

No abstract provided.


The Cuban Health Care System And Child Health Outcomes: An Admirable Accomplishment With Lurking Questions, Josephine Schulte Jan 2015

The Cuban Health Care System And Child Health Outcomes: An Admirable Accomplishment With Lurking Questions, Josephine Schulte

International Program Papers

No abstract provided.


Cuba’S Healthcare Mandate: A Vision For The Future Or Relic Of A Socialist Past?, Val Washington Jan 2015

Cuba’S Healthcare Mandate: A Vision For The Future Or Relic Of A Socialist Past?, Val Washington

International Program Papers

No abstract provided.