Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles 2161 - 2190 of 6510

Full-Text Articles in Law

Cost-Benefit Analysis Of Financial Regulations: A Response To Criticisms, Eric A. Posner, E. Glen Weyl May 2014

Cost-Benefit Analysis Of Financial Regulations: A Response To Criticisms, Eric A. Posner, E. Glen Weyl

Public Law and Legal Theory Working Papers

Financial regulators should use cost-benefit analysis (CBA) to evaluate financial regulations. Finance is an ideal domain for CBA because the direct costs and benefits of financial activity can be easily monetized, and a huge amount of data exists for calculating the relevant valuations. John Coates and others have argued that in fact the valuations are too difficult to determine because of unique features of financial markets that distinguish them from other types of markets where CBA is used. We respond that these features are present in other markets, and that financial valuations are difficult to determine at present only because …


Does The Constitutional Amendment Rule Matter At All? Amendment Cultures And The Challenges Of Measuring Amendment Difficulty, Tom Ginsburg, James Melton May 2014

Does The Constitutional Amendment Rule Matter At All? Amendment Cultures And The Challenges Of Measuring Amendment Difficulty, Tom Ginsburg, James Melton

Public Law and Legal Theory Working Papers

No abstract provided.


Regarding Re's Revisionism: Notes On 'The Due Process Exclusionary Rule', Albert W. Alschuler May 2014

Regarding Re's Revisionism: Notes On 'The Due Process Exclusionary Rule', Albert W. Alschuler

Public Law and Legal Theory Working Papers

No abstract provided.


Constitutional Islamization And Human Rights: The Surprising Origin And Spread Of Islamic Supremacy In Constitutions, Dawood I. Ahmed, Tom Ginsburg May 2014

Constitutional Islamization And Human Rights: The Surprising Origin And Spread Of Islamic Supremacy In Constitutions, Dawood I. Ahmed, Tom Ginsburg

Public Law and Legal Theory Working Papers

No abstract provided.


Does The Constitutional Amendment Rule Matter At All? Amendment Cultures And The Challenges Of Measuring Amendment Difficulty, Tom Ginsburg, James Melton May 2014

Does The Constitutional Amendment Rule Matter At All? Amendment Cultures And The Challenges Of Measuring Amendment Difficulty, Tom Ginsburg, James Melton

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Cost-Benefit Analysis Of Financial Regulations: A Response To Criticisms, Eric A. Posner, E. Glen Weyl May 2014

Cost-Benefit Analysis Of Financial Regulations: A Response To Criticisms, Eric A. Posner, E. Glen Weyl

Coase-Sandor Institute for Law & Economics Research Paper Series

Financial regulators should use cost-benefit analysis (CBA) to evaluate financial regulations. Finance is an ideal domain for CBA because the direct costs and benefits of financial activity can be easily monetized, and a huge amount of data exists for calculating the relevant valuations. John Coates and others have argued that in fact the valuations are too difficult to determine because of unique features of financial markets that distinguish them from other types of markets where CBA is used. We respond that these features are present in other markets, and that financial valuations are difficult to determine at present only because …


A Study Of The Risks Of Contract Ambiguity, Preston Torbert May 2014

A Study Of The Risks Of Contract Ambiguity, Preston Torbert

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Partition And Revelation, Yun-Chien Chang, Lee Anne Fennell Apr 2014

Partition And Revelation, Yun-Chien Chang, Lee Anne Fennell

Articles

No abstract provided.


Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard H. Mcadams Apr 2014

Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard H. Mcadams

Articles

No abstract provided.


Partition And Revelation, Yun-Chien Chang, Lee Anne Fennell Apr 2014

Partition And Revelation, Yun-Chien Chang, Lee Anne Fennell

Kreisman Working Paper Series in Housing Law and Policy

No abstract provided.


Foreword: What Books On Law Should Be, Richard A. Posner Apr 2014

Foreword: What Books On Law Should Be, Richard A. Posner

Articles

No abstract provided.


Supremacies And The Southern Manifesto, Justin Driver Apr 2014

Supremacies And The Southern Manifesto, Justin Driver

Articles

No abstract provided.


Sport As Speech, Genevieve Lakier Apr 2014

Sport As Speech, Genevieve Lakier

Articles

No abstract provided.


Regulation Through Boilerplate: An Apologia (Reviewing Margaret Jane Radin, Boilerplate: The Fine Print, Vanishing Rights, And The Rule Of Law (2013)), Omri Ben-Shahar Apr 2014

Regulation Through Boilerplate: An Apologia (Reviewing Margaret Jane Radin, Boilerplate: The Fine Print, Vanishing Rights, And The Rule Of Law (2013)), Omri Ben-Shahar

Articles

No abstract provided.


The Shadow Powers Of Article I, Alison Lacroix Apr 2014

The Shadow Powers Of Article I, Alison Lacroix

Articles

No abstract provided.


The Function Of Article V, Aziz Huq Apr 2014

The Function Of Article V, Aziz Huq

Articles

No abstract provided.


The Shadow Powers Of Article I, Alison Lacroix Apr 2014

The Shadow Powers Of Article I, Alison Lacroix

Public Law and Legal Theory Working Papers

This essay argues that the interpretive struggle over the meaning of American federalism has recently shifted from the Commerce Clause to two textually marginal but substantively important battlegrounds: the Necessary and Proper Clause and, to a lesser ex


Coasean Bargaining Over The Structural Constitution, Aziz Huq Apr 2014

Coasean Bargaining Over The Structural Constitution, Aziz Huq

Public Law and Legal Theory Working Papers

No abstract provided.


Introduction, Chapter 1 Of Constitutions In Authoritarian Regimes, Tom Ginsburg, Alberto Simpser Apr 2014

Introduction, Chapter 1 Of Constitutions In Authoritarian Regimes, Tom Ginsburg, Alberto Simpser

Public Law and Legal Theory Working Papers

No abstract provided.


Habeas And The Roberts Court, Aziz Huq Apr 2014

Habeas And The Roberts Court, Aziz Huq

Public Law and Legal Theory Working Papers

No abstract provided.


Zombie Federalism, William Baude Apr 2014

Zombie Federalism, William Baude

Public Law and Legal Theory Working Papers

No abstract provided.


Partition And Revelation, Yun-Chien Chang, Lee Anne Fennell Apr 2014

Partition And Revelation, Yun-Chien Chang, Lee Anne Fennell

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Economic Aspects Of Bitcoin And Other Decentralized Public-Ledger Currency Platforms, David S. Evans Apr 2014

Economic Aspects Of Bitcoin And Other Decentralized Public-Ledger Currency Platforms, David S. Evans

Coase-Sandor Institute for Law & Economics Research Paper Series

A number of internet-based digital currency platform based on decentralized public ledgers have started since the introduction of the blockchain concept by the founder of Bitcoin in 2008. An important element of these public ledger platforms is an incentive system that elicits efforts from a distributed global workforce to verify and record transactions on the public ledger and a governance system for the platform. The economic efficiency and possibly viability of a public ledger platform ultimately depend on the design of these incentive and governance systems. Even if a decentralized public ledger were a more efficient technology for conducting financial …


The Function Of Article V, Aziz Huq Apr 2014

The Function Of Article V, Aziz Huq

Public Law and Legal Theory Working Papers

No abstract provided.


The Fannie And Freddie Bailouts Through The Corporate Lens, Adam Badawi, Anthony Casey Mar 2014

The Fannie And Freddie Bailouts Through The Corporate Lens, Adam Badawi, Anthony Casey

Kreisman Working Paper Series in Housing Law and Policy

No abstract provided.


Libertarian Separation Of Powers, Aziz Huq Mar 2014

Libertarian Separation Of Powers, Aziz Huq

Articles

No abstract provided.


Modern Environmentalists Overreach: A Plea For Understanding Background Common Law Principles, Richard A. Epstein Mar 2014

Modern Environmentalists Overreach: A Plea For Understanding Background Common Law Principles, Richard A. Epstein

Articles

No abstract provided.


We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti Mar 2014

We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti

Articles

No abstract provided.


Incentives For Reporting Disease Outbreaks, Ramanan Laxminarayan, Julian Reif, Anup Malani Mar 2014

Incentives For Reporting Disease Outbreaks, Ramanan Laxminarayan, Julian Reif, Anup Malani

Articles

Background: Countries face conflicting incentives to report infectious disease outbreaks. Reports of outbreaks can prompt other countries to impose trade and travel restrictions, which has the potential to discourage reporting. However, reports can also b


Deference Mistakes, Jonathan Masur, Lisa Larrimore Ouellette Mar 2014

Deference Mistakes, Jonathan Masur, Lisa Larrimore Ouellette

Public Law and Legal Theory Working Papers

This Article begins with what should seem a relatively straightforward proposition: it is impossible to fully understand the holding of a case without understanding its “deference regime”—the standard of review or burden of proof that governs the case. If a court holds in the context of a habeas petition that a constitutional right was not “clearly established,” that does not mean that the court would hold that the right does not exist were it writing on a blank slate. If a court refuses to invalidate a granted patent, which is presumed valid and can only be held invalid upon a …