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Articles 2101 - 2130 of 6510
Full-Text Articles in Law
Forcings, Lee Anne Fennell
Offsetting Benefits, Ariel Porat, Eric A. Posner
The Negotiated Structural Constitution, Aziz Huq
A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin
A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Fairness In Law And Economics: Introduction, Lee Anne Fennell, Richard H. Mcadams
Fairness In Law And Economics: Introduction, Lee Anne Fennell, Richard H. Mcadams
Public Law and Legal Theory Working Papers
No abstract provided.
Aligning Campaign Finance Law, Nicholas Stephanopoulos
Aligning Campaign Finance Law, Nicholas Stephanopoulos
Public Law and Legal Theory Working Papers
Campaign finance law is in crisis. In a series of recent decisions, the Supreme Court has rejected state interests such as anti-distortion and equality, while narrowing the anti-corruption interest to its quid pro quo core. This core cannot sustain the bulk of campaign finance regulation. As a result, an array of contribution limits, expenditure limits, and public financing programs have been struck down by the Court. If any meaningful rules are to survive, a new interest capable of justifying them must be found. This Article introduces just such an interest: the alignment of voters’ policy preferences with their government’s policy …
Partisan Gerrymandering And The Efficiency Gap, Nicholas Stephanopoulos, Eric Mcghee
Partisan Gerrymandering And The Efficiency Gap, Nicholas Stephanopoulos, Eric Mcghee
Public Law and Legal Theory Working Papers
The usual legal story about partisan gerrymandering is relentlessly pessimistic. The courts did not even recognize the cause of action until the 1980s; they have never struck down a district plan on this basis; and four sitting Justices want to vacate the field altogether. The Supreme Court’s most recent gerrymandering decision, however, is the most encouraging development in this area in a generation. Several Justices expressed interest in the concept of partisan symmetry — the idea that a plan should treat the major parties symmetrically in terms of the conversion of votes to seats — and suggested that it could …
Fairness In Law And Economics: Introduction, Lee Anne Fennell, Richard H. Mcadams
Fairness In Law And Economics: Introduction, Lee Anne Fennell, Richard H. Mcadams
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Valuable Lies, Ariel Porat, Omri Yadlin
Valuable Lies, Ariel Porat, Omri Yadlin
Public Law and Legal Theory Working Papers
Should a Muslim employee who falsely stated in his job interview that he is Christian in order to avoid discrimination be fired for his dishonesty? Should a buyer of a tract of land who conducted an expensive investigation before contracting that revealed a high likelihood of mineral deposits be subject to liability for fraud because he told the seller he knew nothing about the land's mineral potential before purchase? Is a doctor violating her legal duties toward her patient if she convinces him to get vaccinated on the pretext that it is in his best interest when it is instead …
Teaching Election Law, Nicholas Stephanopoulos
Teaching Election Law, Nicholas Stephanopoulos
Public Law and Legal Theory Working Papers
In the last couple years, new editions of the two most prominent election law casebooks have been released, and one entirely new casebook has been published. This is an opportune moment, then, both to review the volumes and to assess the state of the field. Fortunately, both are strong. All of the casebooks are well organized, thorough in their coverage, and full of insightful commentary. And the field, at least as presented by the volumes, is impressively confident in its substantive and methodological choices. There is a high level of consensus as to both the subject areas that election law …
Base Erosion And Profit Shifting: A Simple Conceptual Framework, Dhammika Dharmapala
Base Erosion And Profit Shifting: A Simple Conceptual Framework, Dhammika Dharmapala
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
The Discovery Sombrero, And Other Metaphors For Litigation, William Hubbard
The Discovery Sombrero, And Other Metaphors For Litigation, William Hubbard
Public Law and Legal Theory Working Papers
Academics, judges, and policymakers know little about the timing, volume, and cost of discovery in our civil justice system. This information deficit is most severe with respect to the most salient discovery-related issue for practitioners today: preservation—the duty to preserve relevant data when litigation is reasonably anticipated. This collective ignorance feeds uncertainty at both the policy level and at the doctrinal level. In this paper, I present original, empirical research on the nature and costs of preservation and discovery. This research is the first, and to date only, systematic effort to measure the extent and costs of preservation activity. I …
How Do Bank Regulators Determine Capital Adequacy Requirements?, Eric A. Posner
How Do Bank Regulators Determine Capital Adequacy Requirements?, Eric A. Posner
Coase-Sandor Institute for Law & Economics Research Paper Series
Minimum capital regulations play a central role in banking regulation. Regulators require banks to maintain capital above a certain level in order to correct incentives to make excessively risky loans and investments. However, it has never been clear how regulators determine how high or low the minimum capital-asset ratio should be. An examination of U.S. regulators’ justifications for five regulations issued over more than 30 years reveals that regulators have never performed (or at least disclosed) a serious economic analysis that would justify the levels that they chose. Instead, regulators appear to have followed a practice of what I call …
What Do We Know About Base Erosion And Profit Shifting? A Review Of The Empirical Literature, Dhammika Dharmapala
What Do We Know About Base Erosion And Profit Shifting? A Review Of The Empirical Literature, Dhammika Dharmapala
Coase-Sandor Institute for Law & Economics Research Paper Series
The issue of tax-motivated income shifting within multinational firms – or “base erosion and profit shifting” (BEPS) – has attracted increasing global attention in recent years. This paper provides a survey of the empirical literature on this topic. Its emphasis is on reviewing and elucidating what is known about the magnitude of BEPS. The paper discusses different empirical approaches to identifying income shifting, describes existing data sources, and summarizes the findings of the empirical literature. A major theme that emerges from this survey is that in the more recent empirical literature, which uses new and richer sources of data, the …
The Article Iii Problem In Bankruptcy, Anthony Casey, Aziz Huq
The Article Iii Problem In Bankruptcy, Anthony Casey, Aziz Huq
Coase-Sandor Institute for Law & Economics Research Paper Series
This Article reconsiders the implementation of Article III in the bankruptcy context. Recent rulings limiting the delegation of adjudicative power to non-Article III tribunals have generated only uncertainty and a profusion of litigation. The reason for t
Does De Jure Judicial Independence Really Matter? A Reevaluation Of Explanations For Judicial Independence, James Melton, Tom Ginsburg
Does De Jure Judicial Independence Really Matter? A Reevaluation Of Explanations For Judicial Independence, James Melton, Tom Ginsburg
Coase-Sandor Institute for Law & Economics Research Paper Series
The relationship between de jure and de facto judicial independence is much debated in the literature on judicial politics. Some studies find no relationship between the formal rules governing the structure of the judiciary and de facto judicial independence, while others find a tight correlation. This article sets out to reassess the relationship between de jure and de facto judicial independence using a new theory and an expanded data set. De jure institutional protections, we argue, do not work in isolation but work conjunctively, so that particular combinations of protections are more likely to be effective than others. We find …
The Invention Of Low-Value Speech, Genevieve Lakier
The Invention Of Low-Value Speech, Genevieve Lakier
Public Law and Legal Theory Working Papers
It is widely accepted today that the First Amendment does not apply, or applies only weakly, to what are often referred to as “low-value” categories of speech. It is also widely accepted that the existence of these categories extends back to the ratification of the First Amendment: that low-value speech is speech the punishment of which has, since 1791, never been thought to raise any constitutional concern. This Article challenges this second assumption. It argues that early American courts and legislators did not in fact tie constitutional protection for speech to a categorical judgment of its value, nor did the …
Failure To Refinance, Benjamin J. Keys, Devin G. Pope, Jaren C. Pope
Failure To Refinance, Benjamin J. Keys, Devin G. Pope, Jaren C. Pope
Kreisman Working Paper Series in Housing Law and Policy
No abstract provided.
Egypt, Ethiopia, And The Nile: The Economics Of International Water Law, Daniel Abebe
Egypt, Ethiopia, And The Nile: The Economics Of International Water Law, Daniel Abebe
Public Law and Legal Theory Working Papers
As part of a Symposium on the book The Economic Foundations of International Law, this Article briefly compares and contrasts two distinct analytical approaches to international law—doctrinal versus economic—in the context of Egypt’s and Ethiopia’s dispute over the right to exploit the Nile River’s water resources. The Article argues that the traditional doctrinal approach, one based solely on an examination of international water law, treaties, and customary international law is unlikely to result in a legal conclusion that either state is likely to respect because such an approach fails to consider the incentives, material capabilities, and national interests of Egypt …
Limiting Political Contributions After Mccutcheon, Citizens United, And Speechnow, Albert W. Alschuler
Limiting Political Contributions After Mccutcheon, Citizens United, And Speechnow, Albert W. Alschuler
Public Law and Legal Theory Working Papers
The plurality and dissenting opinions in McCutcheon v. FEC seem unreal. These opinions, which considered a series of strategies for circumventing federal limits on contributions to candidates, failed to notice that these limits were no longer breathing. The D.C. Circuit’s 2010 decision in SpeechNow.org v. FEC created a far easier way to evade the limits than any of those the Supreme Court discussed. SpeechNow held all limits on contributions to super PACs unconstitutional. This Article contends that SpeechNow was wrongly decided. It also considers what can be said for and against a bumper sticker’s declarations that money is not speech …
Reply To Five Critics Of Why Tolerate Religion?, Brian Leiter
Reply To Five Critics Of Why Tolerate Religion?, Brian Leiter
Public Law and Legal Theory Working Papers
The NFL’s letter outlining the penalty cited “the club's prior record”—namely, the Spygate scandal—as a factor “in determining the discipline in this case.” Leaving aside the fact that Spygate was an overblown misdemeanor punished with unduly harsh measur
The Costs And Benefits Of Mandatory Securities Regulation: Evidence From Market Reactions To The Jobs Act Of 2012, Dhammika Dharmapala, Vikramaditya S. Khanna
The Costs And Benefits Of Mandatory Securities Regulation: Evidence From Market Reactions To The Jobs Act Of 2012, Dhammika Dharmapala, Vikramaditya S. Khanna
Coase-Sandor Institute for Law & Economics Research Paper Series
The effect of mandatory securities regulation on firm value has been a longstanding concern across law, economics and finance. In 2012, Congress enacted the Jumpstart Our Business Startups (“JOBS”) Act, relaxing disclosure and compliance obligations for a
Inequality In The Twenty-First Century (Reviewing Thomas Piketty, Capital In The Twenty-First Century (2014)), Saul Levmore
Inequality In The Twenty-First Century (Reviewing Thomas Piketty, Capital In The Twenty-First Century (2014)), Saul Levmore
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
An Empirical Study Of Political Bias In Legal Scholarship, Adam S. Chilton, Eric A. Posner
An Empirical Study Of Political Bias In Legal Scholarship, Adam S. Chilton, Eric A. Posner
Coase-Sandor Institute for Law & Economics Research Paper Series
Law professors routinely accuse each other of making politically biased arguments in their scholarship. They have also helped produce a large empirical literature on judicial behavior that has found that judicial opinions sometimes reflect the ideological
One-And-A-Half Badges Of Fraud, Douglas G. Baird
One-And-A-Half Badges Of Fraud, Douglas G. Baird
Coase-Sandor Institute for Law & Economics Research Paper Series
Lenders have long included savings clauses in loan documents as a way to minimize exposure to fraudulent conveyance at-tacks. This paper suggests that scope of operation of savings clauses is exceeding small. Those cases in which lenders find themselves exposed to fraudulent conveyance liability are only rarely ones in which a savings clause is of much use. Savings clauses are useful to guard against constructive fraudulent conveyance attacks, but only in environments in which actual intent fraudulent conveyances attacks are also possible and for these savings clauses do little good. Even when in environments in which they might protect a …
The Use Of Neutralities In International Tax Policy, David A. Weisbach
The Use Of Neutralities In International Tax Policy, David A. Weisbach
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Do Constitutional Rights Make A Difference?, Adam S. Chilton, Mila Versteeg
Do Constitutional Rights Make A Difference?, Adam S. Chilton, Mila Versteeg
Coase-Sandor Institute for Law & Economics Research Paper Series
Although the question of whether constitutional rights matter is of great theoretical and practical importance, we know little about whether any constitutional rights actually improve rights in practice. We test the effectiveness of six political rights.
Unbundling Efficient Breach, Maria Bigoni, Stefania Bortolotti, Francesco Parisi, Ariel Porat
Unbundling Efficient Breach, Maria Bigoni, Stefania Bortolotti, Francesco Parisi, Ariel Porat
Coase-Sandor Institute for Law & Economics Research Paper Series
Current law and economics scholarship analyzes efficient breach cases monolithically. The standard analysis holds that breach is efficient when performance of a contract generates a negative surplus for the parties. However, by simplistically grouping efficient breach cases as of a single kind, the prior literature overlooks some important factors that meaningfully distinguish types of efficient breach, such as effects of the breach on productive and allocative efficiency, restraints on the incentive to breach, information-forcing, and competitive effects of the right to breach. We argue that these factors are important for the development of a more nuanced economic theory of efficient …
An Off-Label Use Of Parental Rights? The Unanticipated Doctrinal Antidote For Professor Mnookin's Diagnosis, Emily Buss
An Off-Label Use Of Parental Rights? The Unanticipated Doctrinal Antidote For Professor Mnookin's Diagnosis, Emily Buss
Articles
No abstract provided.
Back To The Basics Of Erie, Diane P. Wood