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Articles 2131 - 2160 of 6510
Full-Text Articles in Law
Constitutional Outliers, Justin Driver
Noise Reduction: The Screening Value Of Qui Tam, Anthony Casey, Anthony Niblett
Noise Reduction: The Screening Value Of Qui Tam, Anthony Casey, Anthony Niblett
Articles
No abstract provided.
Constitutional Islamization And Human Rights: The Surprising Origin And Spread Of Islamic Supremacy In Constitutions, Dawood I. Ahmed, Tom Ginsburg
Constitutional Islamization And Human Rights: The Surprising Origin And Spread Of Islamic Supremacy In Constitutions, Dawood I. Ahmed, Tom Ginsburg
Articles
No abstract provided.
Supplying Compliance: Why And When The Us Complies With Wto Rulings, Adam S. Chilton, Rachel Brewster
Supplying Compliance: Why And When The Us Complies With Wto Rulings, Adam S. Chilton, Rachel Brewster
Articles
No abstract provided.
Distributionally-Weighted Cost Benefit Analysis: Welfare Economics Meets Organizational Design, David A. Weisbach
Distributionally-Weighted Cost Benefit Analysis: Welfare Economics Meets Organizational Design, David A. Weisbach
Public Law and Legal Theory Working Papers
Conventional approaches to cost benefit analysis, derived from social welfare maximization, suggest that it should ideally be adjusted to account for distributional effects. These approaches do not consider how tasks should be assigned within a large institution that includes specialized units such as the numerous agencies in the federal government. This paper considers how optimal distributive systems map onto the assignment of tasks to government agencies in such a system. It concludes that regulatory agencies should not, in general be asked to consider the distributive effects of regulations. The types of distributive adjustments that specialized regulatory agencies are able to …
Marx, Law, Ideology, Legal Positivism, Brian Leiter
Marx, Law, Ideology, Legal Positivism, Brian Leiter
Public Law and Legal Theory Working Papers
This essay -- for the UVA conference on "Jurisprudence and History" -- offers an account of Marx’s theory of history and his claim that law (and morality) are "ideological," and then asks what theory of law is adequate to explain the way the Marxist theory understands law in both its ideological and non-ideological senses. In Marx's theory we need to be able to say what law is in three contexts: (1) there are the laws that constitute the relations of production, i.e., the scheme of property rights in the existing forces of production; (2) there are the laws (and associated …
Reconsidering The Motivations Of The United States' Bilateral Investment Treaty Program, Adam S. Chilton
Reconsidering The Motivations Of The United States' Bilateral Investment Treaty Program, Adam S. Chilton
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Distributionally-Weighted Cost Benefit Analysis: Welfare Economics Meets Organizational Design, David A. Weisbach
Distributionally-Weighted Cost Benefit Analysis: Welfare Economics Meets Organizational Design, David A. Weisbach
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Habeas And The Roberts Court, Aziz Huq
Internality Regulation Through Public Choice, Saul Levmore
Internality Regulation Through Public Choice, Saul Levmore
Articles
No abstract provided.
Reactionary Rhetoric And Liberal Legal Academia, Justin Driver
Reactionary Rhetoric And Liberal Legal Academia, Justin Driver
Articles
As celebrations mark the fiftieth anniversary of the Civil Rights Act of 1964, it is essential to recover the arguments mainstream critics made in opposing what has become a sacrosanct piece of legislation. Prominent legal scholarship now appears to misap
Redistribution Within Collective Organizations: What Corporations, Condominiums And Unions Tell Us About The Proper Use Of Government Power, Richard A. Epstein
Redistribution Within Collective Organizations: What Corporations, Condominiums And Unions Tell Us About The Proper Use Of Government Power, Richard A. Epstein
Articles
No abstract provided.
Innovation And Incarceration: An Economic Analysis Of Criminal Intellectual Property Law, Jonathan Masur, Christopher Buccafusco
Innovation And Incarceration: An Economic Analysis Of Criminal Intellectual Property Law, Jonathan Masur, Christopher Buccafusco
Articles
No abstract provided.
Can Lawyers Stay In The Driver's Seat?, Daniel G. Currell, M. Todd Henderson
Can Lawyers Stay In The Driver's Seat?, Daniel G. Currell, M. Todd Henderson
Articles
No abstract provided.
Personalizing Default Rules And Disclosure With Big Data, Lior Strahilevitz, Ariel Porat
Personalizing Default Rules And Disclosure With Big Data, Lior Strahilevitz, Ariel Porat
Articles
No abstract provided.
Public Accommodations Under The Civil Rights Act Of 1964: Why Freedom Of Association Counts As A Human Right, Richard A. Epstein
Public Accommodations Under The Civil Rights Act Of 1964: Why Freedom Of Association Counts As A Human Right, Richard A. Epstein
Articles
No abstract provided.
The Neo-Hamiltonian Temptation, David A. Strauss
The Neo-Hamiltonian Temptation, David A. Strauss
Articles
The central force behind the development of constitutional law, according to Bruce Ackerman’s magisterial We the People: The Civil Rights Revolution, is not the courts but the People, acting through the elected officials who were responsible for the civi
Legal Protections For The 'Personal Best' Of Each Employee: Title Vii's Prohibition On Sex Discrimination, The Legacy Of Price Waterhouse V. Hopkins, And The Prospect Of Enda, Mary Anne Case
Articles
No abstract provided.
The Influence Of International Human Rights Agreements On Public Opinion: An Experimental Study, Adam S. Chilton
The Influence Of International Human Rights Agreements On Public Opinion: An Experimental Study, Adam S. Chilton
Articles
Scholars have long speculated that commitments to human rights agreements are unlikely to have an effect on domestic policy because they do not contain a threat of external enforcement. Recent research has challenged that belief by suggesting that ratific
Legal Protections For The 'Personal Best' Of Each Employee: Title Vii’S Prohibition On Sex Discrimination, The Legacy Of Price Waterhouse V. Hopkins, And The Prospect Of Enda, Mary Anne Case
Articles
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
Articles
No abstract provided.
Nuisance Suits, William Hubbard
Nuisance Suits, William Hubbard
Public Law and Legal Theory Working Papers
This paper develops a simple but general model of negative-expected-value (NEV) suit and settlement given symmetric information. It accounts for the roles of the merits, litigation costs, and bargaining power; incorporates complaints and answers for which parties' investments in pleading detail are endogenously determined; permits strategic default by the defendant; and nests several existing models of NEV litigation as special cases. It generates testable, counterintuitive, empirical predictions and facilitates normative analysis. For example, the model predicts that plausibility pleading standards will have modest effects in deterring low-merit suits but may be harmful to plaintiffs and defendants settling stronger cases.
The Case Against Free Speech, Brian Leiter
The Case Against Free Speech, Brian Leiter
Public Law and Legal Theory Working Papers
Free societies employ a variety of institutions — including courts and schools — in which speech is heavily regulated on the basis of its content (and with regard to the cognitive infirmities of listeners) in order to promote other desirable ends, including discovery of the truth. I illustrate this with the case of courts and rules of evidence. Three differences between courts and the polity at large might seem to counsel, of course, against extending that approach more widely. First, the courtroom has an official and somewhat reliable (as well as reviewable) arbiter of the epistemic merits, while the polity …
Nuisance Suits, William Hubbard
Nuisance Suits, William Hubbard
Coase-Sandor Institute for Law & Economics Research Paper Series
This paper develops a simple but general model of negative-expected-value (NEV) suit and settlement given symmetric information. It accounts for the roles of the merits, litigation costs, and bargaining power; incorporates complaints and answers for which parties' investments in pleading detail are endogenously determined; permits strategic default by the defendant; and nests several existing models of NEV litigation as special cases. It generates testable, counterintuitive, empirical predictions and facilitates normative analysis. For example, the model predicts that plausibility pleading standards will have modest effects in deterring low-merit suits but may be harmful to plaintiffs and defendants settling stronger cases.
Lapses Of Attention In Medical Malpractice And Road Accidents, Robert D. Cooter, Ariel Porat
Lapses Of Attention In Medical Malpractice And Road Accidents, Robert D. Cooter, Ariel Porat
Coase-Sandor Institute for Law & Economics Research Paper Series
A doctor who lapses and injures her patient, and a driver who lapses and causes an accident, are liable under negligence law for the harm done. But lapse is not necessarily negligence, since reasonable people lapse from time to time. We show that tort liability for "reasonable" lapses distorts doctors’, drivers’, and manufacturers’ incentives to take care. Furthermore, such liability provides potential injurers with incentives to substitute activities which are less prone to lapses with activities which are more prone to lapses, even if such substitution is inefficient. We propose several solutions to the inefficiencies that result from liability for …
The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Samuel Bagenstos, Gabriel Chin, Gilda Daniels, Nicholas Stephanopoulos
The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Samuel Bagenstos, Gabriel Chin, Gilda Daniels, Nicholas Stephanopoulos
Articles
No abstract provided.
Elections And Alignment, Nicholas Stephanopoulos
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
Articles
No abstract provided.
Boards-R-Us: Reconceptualizing Corporate Boards, Stephen Bainbridge, M. Todd Henderson
Boards-R-Us: Reconceptualizing Corporate Boards, Stephen Bainbridge, M. Todd Henderson
Articles
No abstract provided.
The Laws Of War And Public Opinion: An Experimental Study, Adam S. Chilton
The Laws Of War And Public Opinion: An Experimental Study, Adam S. Chilton
Coase-Sandor Institute for Law & Economics Research Paper Series
Research examining whether the laws of war change state behavior has produced conflicting results, and limitations of observational studies have stalled progress on the topic. I have conducted a survey experiment to bring new evidence to the debate. I directly test whether a mechanism hypothesized to drive compliance with international law—public opinion—creates pressure to comply with the laws of war. The results provide qualified support to research suggesting that democracies may comply with the laws of war when there is the expectation of reciprocity, and demonstrate the potential of using experimental methods to study the laws of war.