Law Commons^™

Book Review (Reviewing Mary Elizabeth Basile, Jane Fair Bestor, Daniel R. Coquillette & Charles Donahue, Jr., Eds. And Transs., 'Lex Mercatoria' And Legal Pluralism: A Late Thirteenth-Century Treatise And Its Afterlife (1998)), Richard H. Helmholz

Articles

No abstract provided.

Parenthood Divided: A Legal History Of The Bifurcated Law Of Parental Relations, Jill Elaine Hasday

Articles

No abstract provided.

The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Articles

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U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley

Articles

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The Juvenile Death Penalty And International Law, Curtis A. Bradley

Articles

The United States is almost alone among nations in permitting the execution of juvenile offenders. Citing this fact, along with a variety of legal and historical materials, litigants and scholars are increasingly claiming that the United States’ use of the juvenile death penalty violates international law. This Article examines the validity of this claim,from the perspective of both the international legal system and the U.S. legal system.

Based on a detailed examination of the United States’ interaction with treaty regimes and international institutions since the late 1940s,the Article concludes that the international law arguments against the juvenile death penalty have …

World War Ii Compensation And Foreign Relations Federalism, Curtis A. Bradley

Articles

In the past several years, numerous suits have been filed in U.S. courts seeking compensation for personal injury or loss of property relating to events associated with World War I. These suits have been brought against sovereign defendants, such as Germany and Japan, as well as private companies, such as companies that allegedly used slave labor during the War. In this essay, I consider some of the implications of this litigation for the relationship between federalism and foreign relations.

The starting point for my analysis is an article by Justice William Brennan that, at first glance, might seem to have …

Economic Structure Of Renegotiation And Dispute Resolution In The World Trade Organization, The Rational Choice And International Law, Alan O. Sykes, Warren F. Schwartz

Articles

The treaty creating the World Trade Organization (WTO) replaced the General Agreement on Tariffs and Trade (GATT) dispute resolution system, which contained no formal sanctions for breach of agreement as a practical matter, with a system that results in centrally authorized sanctions against recalcitrant violators of WTO trade agreements. We examine the important features of the new system and argue that the institutionalization of a sanctioning mechanism was not motivated by a perceived need to increase the penalty for violations, but rather by a need to decrease the penalty. In particular, the GATT system relied on unilateral retaliation and reputation …

Domestic Regulation, Sovereignty, And Scientific Evidence Requirements: A Pessimistic View, Alan O. Sykes

Articles

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Trips, Pharmaceuticals, Developing Countries, And The Doha Solution, Alan O. Sykes

Articles

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Manhattan The Vast Wasteland Revisited, Cass R. Sunstein

Articles

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The Future Of Campaign Finance Reform Laws In The Courts And In Congress, Elizabeth Garrett

Public Law and Legal Theory Working Papers

No abstract provided.

Throwing Good Money After Bad? Board Connections And Conflicts In Bank Lending, Philip E. Strahan, Randall S. Kroszner

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper investigates the frequency of connections between banks and non-financial firms through board linkages and whether those connections affect lending and borrowing behavior. Although a board linkages may reduce the costs of information flows between the lender and borrower, a board linkage may generate pressure for special treatment of a borrower not normally justifiable on economic grounds. To address this issue, we first document that banks are heavily involved in the corporate governance network through frequent board linkages. Banks tend to have larger boards with a higher proportion of outside directors than non- financial firms, and bank officer-directors tend …

Hesitating To Look In The Mirror: German Jurisprudence After 1933 And After 1945, Michael Stolleis

Fulton Lectures

No abstract provided.

Beyond Exit And Voice: User Participation In The Production Of Local Public Goods, Lee Anne Fennell

Articles

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Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

When strong emotions are triggered by a risk, people show a remarkable tendency to neglect a small probability that the risk will actually come to fruition. Experimental evidence, involving electric shocks and arsenic, supports this claim, as does real-world evidence, involving responses to abandoned hazardous waste dumps, the pesticide Alar, and anthrax. The resulting “probability neglect” has many implications for law and policy. It suggests the need for institutional constraints on policies based on ungrounded fears; it also shows how government might effectively draw attention to risks that warrant special concern. Probability neglect helps to explain the enactment of certain …

Of Artifical Intelligence And Legal Reasoning, Cass R. Sunstein

Public Law and Legal Theory Working Papers

Can computers, or artificial intelligence, reason by analogy? This essay urges that they cannot, because they are unable to engage in the crucial task of identifying the normative principle that links or separates cases. Current claims, about the ability of artificial intelligence to reason analogically, rest on an inadequate picture of what legal reasoning actually is. For the most part, artificial intelligence now operates as a kind of advanced version of LEXIS, offering research assistance rather than analogical reasoning. But this is a claim about current technology, not about inevitable limitations of artificial intelligence; things might change in the future.

Covenants Not To Compete From An Incomplete Contracts Perspective, George Triantis, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Internet And The Legitimacy Of Remote Cross-Border Searches, Jack L. Goldsmith

Public Law and Legal Theory Working Papers

No abstract provided.

Does Commerce Clause Review Have Perverse Effects?, Adrian Vermeule

Public Law and Legal Theory Working Papers

There is a crucial, although implicit, empirical assumption in the debate about federal judicial review under the affirmative Commerce Clause. The assumption, indulged by many different camps in the debate, is that Commerce Clause review decreases the centralization of policymaking by shifting policy authority to the states. I want to suggest that, on equally plausible empirical assumptions, Commerce Clause review will in fact do just the opposite: it will promote the centralization of public policy at the national level by providing congressional coalitions with ex ante incentives to legislate more broadly, and to create national programs that are more comprehensive, …

Law And The Emotions, Eric A. Posner

Occasional Papers

No abstract provided.

The Allocation Of The Commons: Parking And Stopping On The Commons, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

The economic forces governing transitions between different property rights regimes has been the source of extensive study since Demsetz's path breaking 1967 essay, "Toward a Theory of Property Rights." This paper offers first a general critique of that position, chiefly on the ground that it underestimates the practical difficulties of orchestrating efficient transitions in contexts where strong political forces are at play. Thereafter, the paper explores the movement among various systems that are used to allocate a particular public good, namely parking places on public streets. It examines both bottom-up systems that rely on analogues to the rule of first …

The Future Of Offshore Tax Havens, Taylor Morgan Hoffman

Chicago Journal of International Law

Recently, the Organization for Economic Cooperation and Development ("OECD") issued a report targeting "harmful tax regimes"-preferential, low tax regimes that are primarily tailored to rap into the tax bases of other countries. The report, Towards Global Tax Cooperation: Progress in Identifying and Eliminating Harmful Tax Practices, ("Towards Global Tax Cooperation"), identified a list of tax practices the OECD deemed harmful, such as "ring-fencing" (where foreign customers are subject to rules different than those applied to citizens which encourages the establishment of foreign entities with no substantial activities), a lack of transparency, and the absence of information exchange regarding tax practices. …

The Arithmetic Of Arsenic, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

What does cost-benefit mean, or do, in actual practice? When agencies are engaging in cost-benefit balancing, what are the interactions among law, science, and economics? This Article attempts to answer that question by exploring, in some detail, the controversy over EPA’s proposed regulation of arsenic in drinking water. The largest finding is that science often can produce only “benefit ranges,” and wide ones at that. With reasonable assumptions based on the existing science data, the proposed arsenic regulation can be projected to save as few as 0 lives and as many as 112. With reasonable assumptions, the monetized benefits of …

The Political Economy Of Property Exemption Laws, Eric A. Posner, Richard M. Hynes, Anup Malani

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

It Isn't Easy Being Green: Environmental Policy Implications For Foreign Policy, International Law, And Sovereignty, Terry Anderson, J. Bishop Grewell

Chicago Journal of International Law

This paper examines how foreign policy involving trade, defense, diplomacy, and international law is being "greened" at home and abroad as environmental groups pressure government agencies to give environmental concerns greater weight. It argues that these changes represent a fundamental shift in US foreign policy and international relations. It identifies problems that arise from these revisions and explains how free market environmentalism offers a sound alternative that will lead to better environmental protection through freer trade, increased wealth, and decentralization.

Inside "L": Some Thoughts On The Office Of The Legal Adviser, Ashley Deeks

Chicago Journal of International Law

I have helped scour a foreign capital hours before a closing to assemble the twenty-one owners of a property we wanted to buy. I have litigated a million dollar case on my own. I have learned what "hak pakai" and "hak guna bangunan" are. I have seen China's Great Wall, Cambodia's Angkor War, and Cape Town's towMships (and I am one of the least well-traveled people in the building). I have had an ambassador swing an armadillo at me. For all that, I am still in my first rotation in the Office of the Legal Adviser (or "L," as it …

Taking Pride In International Human Rights Litigation, Beth Stephens

Chicago Journal of International Law

Over the past 20 years, several dozen international human rights cases have been filed in US courts. Many have been dismissed; many are still pending. A small number have resulted in judgments against defendants accused of violations ranging from genocide and war crimes to torture and disappearances. While few money judgments have yet been collected, successful plaintiffs have expressed great satisfaction in the sense of justice and vindication they have obtained from participation in these lawsuits. What does Curtis Bradley find objectionable about this litigation?' He asserts that this is a dangerous line of cases, expanding rapidly, without proper authorization …

Foreword, Cjil Editors

Chicago Journal of International Law

No abstract provided.

The Undersea World Of Foreign Relations Federalism, Edward T. Swaine

Chicago Journal of International Law

Long before 'Judge Wapner's Animal Court," commercial television broadcast a nature series perhaps equally relevant to the law-"The Undersea World of Jacques Cousteau." The show was popular because of what it revealed about a world still mysterious to many of us. It also appealed, however, because it managed to maintain that air of mystery-the sense of a truly distinct world that could not be wholly disclosed, a sense conveyed even more plainly in the tites of Cousteau's Oscar- winning documentaries, "Le Monde du Silence" and "Le Monde sans Soleil." This theme undoubtedly owed a great deal to its narrator: more …

Contextual Determinism And Foreign Relations Federalism, Peter J. Spiro

Chicago Journal of International Law

No doubt we are today trolling murky waters in matters involving the intersection of the domestic constitutional order and the global system. By way of evidence for the proposition, foreign relations law must now be counted among the hottest topics in the legal academy. The top law reviews in recent years have included many contributions in the area; indeed, one might venture that there have been more articles on foreign relations law subjects in the past five years than in the preceding twenty-five. Issues relating to the treaty power, the status of international law in our constitutional order, the role …