Law Commons^™

Arizona And Anti-Reform, Nicholas Stephanopoulos

Public Law and Legal Theory Working Papers

The Supreme Court is on the cusp of rejecting one of the best ideas for reforming American elections: independent commissions for congressional redistricting. According to the plaintiffs in a pending case, a commission is not “the Legislature” of a state.

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

Coase-Sandor Institute for Law & Economics Research Paper Series

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

Don't Ask, Must Tell—And Other Combinations, Adam M. Samaha, Lior Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

No-Haggle Agreements, Saul Levmore, Ariel Porat

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Distributive Deficit In Law And Economics, Richard H. Mcadams, Lee Anne Fennell

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Inefficacy Of Constitutional Torture Prohibitions, Adam S. Chilton, Mila Versteeg

Coase-Sandor Institute for Law & Economics Research Paper Series

The prohibition of torture is one of the most emblematic norms of the modern human rights movement, and its prevalence in national constitution has increased steeply in the past three decades. Yet little is known about whether constitutional torture prohi

Don't Ask, Must Tell—And Other Combinations, Adam M. Samaha, Lior Strahilevitz

Public Law and Legal Theory Working Papers

No abstract provided.

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

Public Law and Legal Theory Working Papers

No abstract provided.

The Death Of Rules And Standards, Anthony Casey, Anthony Niblett

Public Law and Legal Theory Working Papers

Scholars have examined the lawmakers’ choice between rules and standards for decades. This Article, however, explores the possibility of a new form of law that renders that choice unnecessary. Advances in technology (such as big data and artificial intelligence) will give rise to this new form—the microdirective—which will provide the benefits of both rules and standards without the costs of either.

Lawmakers will be able to use predictive and communication technologies to enact complex legislative goals that are translated by machines into a vast catalog of simple commands for all possible scenarios. When an individual citizen faces a legal choice, …

Mead As (Mostly) Moot: Predictive Interpretation In Administrative Law, Ryan D. Doerfler

Articles

In National Cable & Telecommunications Ass’n v. Brand X Internet Services, the Supreme Court explained that, within the domain of unclear agency-administered statutes, a federal court is subordinate to an administering agency. When an administering agency

Human Capital Effects Of Anti-Poverty Programs: Evidence From A Randomized Housing Voucher Lottery, Brian A. Jacob, Max Kapustin, Jens Ludwig

Kreisman Working Paper Series in Housing Law and Policy

Whether government transfer programs increase the human capital of low-income children is a question of first-order policy importance. Such policies might help poor children if their parents are credit constrained, and so under-invest in their human capit

Expertise Value Added In The Real Estate Market, Sebastien Gay, Allen T. Zhang

Kreisman Working Paper Series in Housing Law and Policy

No abstract provided.

Agglomerama, Lee Anne Fennell

Kreisman Working Paper Series in Housing Law and Policy

Urbanization presents students of commons dilemmas with a pressing challenge: how to achieve the benefits of proximity among people and land uses while curbing the negative effects of that same proximity. This piece, written for the 2014 BYU Law Review Sy

Guarding The Subjective Premium: Condemnation Risk Discounts In The Housing Market, Sebastien Gay, Nadia Nasser-Ghodsi

Kreisman Working Paper Series in Housing Law and Policy

We propose the condemnation risk discount theory, whereby home buyers deduct a discount from housing prices in the absence of insurance against the risk that the government will condemn their property for private transfer. Homeowners cannot separate out t

Trial Court Budgets, The Enforcer's Dilemma, And The Rule Of Law, Scott Baker, Anup Malani

Articles

No abstract provided.

Agglomerama, Lee Anne Fennell

Public Law and Legal Theory Working Papers

Urbanization presents students of commons dilemmas with a pressing challenge: how to achieve the benefits of proximity among people and land uses while curbing the negative effects of that same proximity. This piece, written for the 2014 BYU Law Review Sy

The Psychology Of Corporate Rights, Avital Mentovich, Aziz Huq, Moran Cerf

Public Law and Legal Theory Working Papers

Relying on the corporate personhood doctrine, the U.S. Supreme Court has increasingly expanded the scope of rights granted to corporations and other forms of collective entities. While this trend has received widespread attention in legal scholarship and

State Regulation And The Necessary And Proper Clause, William Baude

Public Law and Legal Theory Working Papers

The new marijuana federalism is here, but is it here to stay? In this Article, I address that question by way of two related points, a practical one and a technical one, and I ultimately argue that state regulation should have a bigger role in fixing the limits of federal constitutional power. The practical point is that the current regime of state marijuana legalization is unstable, and it is a miracle that it is working as well as it is. Because marijuana remains contraband at the federal level, businesses and lawmakers who invest in responsible legalization at the state level …

Agglomerama, Lee Anne Fennell

Coase-Sandor Institute for Law & Economics Research Paper Series

Urbanization presents students of commons dilemmas with a pressing challenge: how to achieve the benefits of proximity among people and land uses while curbing the negative effects of that same proximity. This piece, written for the 2014 BYU Law Review Sy

Let The Right 'One' Win: Policy Lessons From The New Economics Of Platforms, E. Glen Weyl, Alexander White

Coase-Sandor Institute for Law & Economics Research Paper Series

Many of the leading controversies in competition policy in the last two decades, especially those surrounding the Microsoft case, reflect the challenges posed by platform industries. Unfortunately, too often economists and policymakers have drawn the wron

Sharing The Necessary And Proper Clause, William Baude

Articles

No abstract provided.

Guarding The Subjective Premium: Condemnation Risk Discounts In The Housing Market, Sebastien Gay, Nadia Nasser-Ghodsi

Articles

No abstract provided.

Redeeming Bond?, Alison Lacroix

Articles

No abstract provided.

The Antitrust Analysis Of Rules And Standards For Software Platforms, David S. Evans

Coase-Sandor Institute for Law & Economics Research Paper Series

Software platforms anchor vast global communities of users, application developers, device manufacturers, content providers, advertisers, and others. They drive innovation by enabling entrepreneurs, often anywhere in the world, to develop “applications” a

Well-Being And Public Policy, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Public Law and Legal Theory Working Papers

Governments rely on certain basic economic metrics and tools to analyze prospective laws and policies and to monitor how well their countries are doing. For decades, critics of such economic measures have argued that they ignore important aspects of value

Sharing The Necessary And Proper Clause, William Baude

Public Law and Legal Theory Working Papers

Few constitutional clauses have been the focus of so many hopes and fears as the Necessary and Proper Clause. In his Foreword, Professor John Manning puts forward a powerful vision of the clause, challenging the current approach of the Supreme Court. F

The Paradoxes Of Public Philosophy, Brian Leiter

Public Law and Legal Theory Working Papers

No abstract provided.

[Dis-]Informing The People's Discretion: Judicial Deference Under The National Security Exemption Of The Freedom Of Information Act, Susan Nevelow Mart, Tom Ginsburg

Public Law and Legal Theory Working Papers

No abstract provided.

Well-Being And Public Policy, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Coase-Sandor Institute for Law & Economics Research Paper Series

Governments rely on certain basic economic metrics and tools to analyze prospective laws and policies and to monitor how well their countries are doing. For decades, critics of such economic measures have argued that they ignore important aspects of value

Contested Space: Design Principles And Regulatory Regimes In Mixed-Income Communities Replacing Public Housing Complexes In Chicago, Robert J. Chaskin, Mark L. Joseph

Kreisman Working Paper Series in Housing Law and Policy

No abstract provided.