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Economic Reforms In Cuba And The United States: Sure I Can Invest…But Should I?, Andrew Charles Adair Jan 2015

Economic Reforms In Cuba And The United States: Sure I Can Invest…But Should I?, Andrew Charles Adair

International Program Papers

No abstract provided.


The Role Of The Wto In Assisting Developing Countries, Especially The Brics: An Analysis Of Doha And Bali, Thomas Banwell Ayres Jan 2015

The Role Of The Wto In Assisting Developing Countries, Especially The Brics: An Analysis Of Doha And Bali, Thomas Banwell Ayres

International Program Papers

No abstract provided.


A Cuban Claims-Settlement Agreement: The Case From History, Casen Ross Jan 2015

A Cuban Claims-Settlement Agreement: The Case From History, Casen Ross

International Program Papers

No abstract provided.


Gender Equality In Cuba: Constitutional Promises Vs. Reality, Keiko Rose Jan 2015

Gender Equality In Cuba: Constitutional Promises Vs. Reality, Keiko Rose

International Program Papers

No abstract provided.


Privatization Reforms And The Cuban Tourism Industry: A Reflection On The Benefits And Consequences, Blair Bradford Jan 2015

Privatization Reforms And The Cuban Tourism Industry: A Reflection On The Benefits And Consequences, Blair Bradford

International Program Papers

No abstract provided.


Co-Location, Co-Location, Co-Location: Land Use And Housing Priorities Reimagined, Lee Anne Fennell Jan 2015

Co-Location, Co-Location, Co-Location: Land Use And Housing Priorities Reimagined, Lee Anne Fennell

Kreisman Working Paper Series in Housing Law and Policy

No abstract provided.


The Perverse Effects Of Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue Jan 2015

The Perverse Effects Of Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue

Kreisman Working Paper Series in Housing Law and Policy

No abstract provided.


Censorship In Cuba, Viviana Aldous Jan 2015

Censorship In Cuba, Viviana Aldous

International Program Papers

No abstract provided.


The Boundaries Of 'Team' Production Of Corporate Governance, Anthony Casey, M. Todd Henderson Jan 2015

The Boundaries Of 'Team' Production Of Corporate Governance, Anthony Casey, M. Todd Henderson

Articles

No abstract provided.


The Surprising Resilience Of State Opposition To Abortion: The Supreme Court, Federalism, And The Role Of Intense Minorities In The U.S. Politics System, Gerald Rosenberg Jan 2015

The Surprising Resilience Of State Opposition To Abortion: The Supreme Court, Federalism, And The Role Of Intense Minorities In The U.S. Politics System, Gerald Rosenberg

Articles

No abstract provided.


Legal Realism And Legal Doctrine, Brian Leiter Jan 2015

Legal Realism And Legal Doctrine, Brian Leiter

Articles

No abstract provided.


Foreign Relations Law And The Purported Shift Away From “Exceptionalism”, Curtis A. Bradley Jan 2015

Foreign Relations Law And The Purported Shift Away From “Exceptionalism”, Curtis A. Bradley

Articles

The field of “ foreign relations law ” encompasses a variety of constitutional, statutory, and common law rules and doctrines that regulate how the United States interacts with the rest of the world.1 In their article on The Normalization of Foreign Relations Law, Professors Ganesh Sitaraman and Ingrid Wuerth contend that there has been a revolution in U.S. foreign relations law during the past twenty-five years.2 In particular, they claim that there has been a shift away from treating foreign relations law issues as “exceptional ” toward treating them as “normal ” — that is, “as if they …


Agora: Reflections On Zivotofsky V. Kerry : Historical Gloss, The Recognition Power, And Judicial Review, Curtis A. Bradley Jan 2015

Agora: Reflections On Zivotofsky V. Kerry : Historical Gloss, The Recognition Power, And Judicial Review, Curtis A. Bradley

Articles

The U.S. executive branch has long declined to recognize any country’s sovereignty over Jerusalem, insisting that the matter be worked out through negotiations between Israel and the Palestinians. The U.S. Congress, by contrast, has tended to support Israeli sovereignty over the city. In 2002, Congress enacted the Foreign Relations Authorization Act for Fiscal Year 2003, Section 214(d) of which provides that, “[f]or purposes of the registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary [of State] shall, upon the request of the citizen or the …


Foreign Sovereign Immunity And Comparative Institutional Competence, Adam S. Chilton, Christopher A. Whytock Jan 2015

Foreign Sovereign Immunity And Comparative Institutional Competence, Adam S. Chilton, Christopher A. Whytock

Articles

No abstract provided.


Under The Weather: Government Insurance And The Regulation Of Climate Risks, Omri Ben-Shahar, Kyle D. Logue Jan 2015

Under The Weather: Government Insurance And The Regulation Of Climate Risks, Omri Ben-Shahar, Kyle D. Logue

Public Law and Legal Theory Working Papers

This Article explores the role of insurance as substitute for direct regulation of risks posed by severe weather. In pricing the risk of human activity along the predicted path of storms, insurance can provide incentives for efficient location decisions a


Cyberwar, International Politics, And Institutional Design, Daniel Abebe Jan 2015

Cyberwar, International Politics, And Institutional Design, Daniel Abebe

University of Chicago Law Review

In the United States, the breadth of the president’s warmaking authority has been governed by the Constitution, the Supreme Court’s jurisprudence, and, over time, historical practice; in short, the president’s powers are constrained by a well-developed body of US foreign relations law. But the prospect of a new kind of conflict—cyberwar—potentially challenges the existing regulatory regime, which rests on assumptions that are common to traditional, conventional war. For some, the complexities of cyberwar generate new foreign relations–law questions about the president’s authority to engage in offensive cyberoperations, and they thus necessi-tate a new regulatory framework. For others, cyberwar is not …


Territoriality, Technology, And National Security, Zachary D. Clopton Jan 2015

Territoriality, Technology, And National Security, Zachary D. Clopton

University of Chicago Law Review

Across various contexts, parties and courts have pressed for territorial rules in cases implicating technology and national security. This Essay suggests that presumptively territorial approaches to these questions are misguided. Territorial rules do not track the division of authority or capacity among the branches, nor are they effective proxies for the important interests of regulators or regulatees. On is-sues of technology and national security, territorial rules seem particularly ill suited: territorial rules aspire to certainty, but technology makes it harder to define “territoriality” in a consistent and predictable way; technology weakens territoriali-ty as a proxy for policy goals because data …


Checks And Balances From Abroad, Ashley Deeks Jan 2015

Checks And Balances From Abroad, Ashley Deeks

University of Chicago Law Review

Judicial and scholarly discussions about checks and balances almost always focus on actions and reactions by domestic actors. At least in the intelligence area, however, foreign actors can have direct and indirect influences on US checks and balances. New national-security challenges require increased cooperation with foreign intelligence partners. Leaks and voluntary transparency mean that far more information is publicly available about intelligence missions. And robust legal rules now bind the United States and other Western intelligence services. These changes create opportunities for foreign leaders, citizens, corporations, and peer intelligence services to affect the quantum of power within the executive or …


The Mutual Dependency Of Force And Law In American Foreign Policy, Richard A. Epstein, Mario Loyola Jan 2015

The Mutual Dependency Of Force And Law In American Foreign Policy, Richard A. Epstein, Mario Loyola

University of Chicago Law Review

A successful American grand strategy requires a close integration of interna-tional and domestic institutions and practices. This Essay explores the vital inter-dependence of grand strategy and law, both international and domestic. First, it asks how the United States should formulate its foreign policy strategy by pointing to the three primary components that must be deployed in tandem to forge a suc-cessful American foreign policy—persuasion, inducements, and force. Second, this Essay shows that in light of the distribution of powers between the president and Congress, and within the executive branch, the execution of that strategy requires a high level of bipartisan …


Big Data And Bad Data: On The Sensitivity Of Security Policy To Imperfect Information, James T. Graves, Alessandro Acquisti, Nicolas Christin Jan 2015

Big Data And Bad Data: On The Sensitivity Of Security Policy To Imperfect Information, James T. Graves, Alessandro Acquisti, Nicolas Christin

University of Chicago Law Review

In this Essay, we examine some of the factors that make developing a “science of security” a significant research and policy challenge. We focus on how the empirical hurdles of missing data, inaccurate data, and invalid inferences can significantly impact—and sometimes impair—the security decisionmaking processes of individuals, firms, and policymakers. We offer practical examples of the sensitivity of policy modeling to those hurdles and highlight the relevance of these examples in the context of national security.


How The Fourth Amendment And The Separation Of Powers Rise (And Fall) Together, Aziz Z. Huq Jan 2015

How The Fourth Amendment And The Separation Of Powers Rise (And Fall) Together, Aziz Z. Huq

University of Chicago Law Review

This Essay explores an entanglement of ends and means between two seem-ingly disparate parts of the Constitution: the Fourth Amendment and the separation of powers. Not only do these two elements of the Constitution share a common ambition; they are also intertwined in practical operation. The vindication of Fourth Amendment interests, however defined, depends on a measure of institutional differentiation between the branches of government. That predicate, however, has eroded over time. In its absence, difficult questions arise about how Fourth Amendment values are best implemented and whether their realization will in the end hinge on private rather than on …


Separation Of Powers And Centripetal Forces: Implications For The Institutional Design And Constitutionality Of Our National-Security State, Jon D. Michaels Jan 2015

Separation Of Powers And Centripetal Forces: Implications For The Institutional Design And Constitutionality Of Our National-Security State, Jon D. Michaels

University of Chicago Law Review

Today’s national-security state is increasingly highly concentrated, centralized, and consolidated across at least three dimensions: the public-private divide, the federal-state divide, and the political–civil servant divide within government agencies. Each of these dimensions of concentration, centralization, and consolida-tion has been individually examined. Yet notwithstanding careful study, there has been little appreciation of the potentially reinforcing effects of consolidation occurring along any two, let alone all three, of the relevant dimensions. That is to say, scholars and policymakers have generally zeroed in on only one dimension of con-solidation at a time—and they have assessed the pros and cons of public-private, federal-state, …


Constitutional Implications Of The Cost Of War, Lucas Issacharoff, Samuel Issacharoff Jan 2015

Constitutional Implications Of The Cost Of War, Lucas Issacharoff, Samuel Issacharoff

University of Chicago Law Review

Institutional practices evolve to fill gaps in all constitutional blueprints. One of the underappreciated features of the initial constitutional settlement of war powers was the accountability of the executive through the process of budgetary authorization and the corresponding need for Congress to answer to the citizenry for the tax implications of military expenditures. This political accountability is more complex than often described, consisting not merely of the division of the Declare War and Commander-in-Chief Clauses of Article I and Article II, but also of the temporal limitation of the budgetary power for the army and a variety of practical and …


The Norm Against Economic Espionage For The Benefit Of Private Firms: Some Theoretical Reflections, Samuel J. Rascoff Jan 2015

The Norm Against Economic Espionage For The Benefit Of Private Firms: Some Theoretical Reflections, Samuel J. Rascoff

University of Chicago Law Review

For decades, the American intelligence community has adhered to a norm against spying for the sake of enriching private firms. More recently, the norm has figured in a prominent presidential directive as well as in various international agreements. But notwithstanding its durability and its newfound renown, the norm has largely eluded scholarly consideration. In this Essay, I aim to address that gap by showing how theories of agency capture and institutional culture can help make sense of the norm’s past and inform judgments about its future.


Beyond Cheneyism And Snowdenism, Cass R. Sunstein Jan 2015

Beyond Cheneyism And Snowdenism, Cass R. Sunstein

University of Chicago Law Review

In the domain of national security, many people favor some kind of precautionary principle, insisting that it is far better to be safe than sorry and contending that a range of important safeguards, including widespread surveillance, is amply justified to prevent the loss of life. Those who object to the resulting initiatives, and in particular to widespread surveillance, respond with a precautionary principle of their own, seeking safeguards against what they see as unacceptable risks to privacy and liberty. The problem is that, as in the environmental context, a precautionary principle threatens to create an unduly narrow viewscreen, focusing people …


Privacy-Privacy Tradeoffs, David E. Pozen Jan 2015

Privacy-Privacy Tradeoffs, David E. Pozen

University of Chicago Law Review

Legal and policy debates about privacy revolve around conflicts between pri-vacy and other goods. But privacy also conflicts with itself. Whenever securing privacy on one margin compromises privacy on another margin, a privacy-privacy tradeoff arises. This Essay introduces the phenomenon of privacy-privacy tradeoffs, with par-ticular attention to their role in NSA surveillance. After explaining why these tradeoffs are pervasive in modern society and developing a typology, the Essay shows that many of the arguments made by the NSA’s defenders appeal not only to a national-security need but also to a privacy-privacy tradeoff. An appreciation of these tradeoffs, the Essay contends, …


How Spontaneous? How Regulated?: The Evolution Of Property Rights Systems, Richard A. Epstein Jan 2015

How Spontaneous? How Regulated?: The Evolution Of Property Rights Systems, Richard A. Epstein

Articles

No abstract provided.


Rebellion: The Courts Of Appeals’ Latest Anti-Booker Backlash, Alison Siegler Jan 2015

Rebellion: The Courts Of Appeals’ Latest Anti-Booker Backlash, Alison Siegler

Articles

No abstract provided.


Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler Jan 2015

Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler

Articles

No abstract provided.


Entick V. Carrington And Boyd V. United States: Keeping The Fourth And Fifth Amendments On Track, Richard A. Epstein Jan 2015

Entick V. Carrington And Boyd V. United States: Keeping The Fourth And Fifth Amendments On Track, Richard A. Epstein

Articles

No abstract provided.