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Escape Room: Implicit Takings After Cedar Point Nursery, Lee Fennell Jan 2022

Escape Room: Implicit Takings After Cedar Point Nursery, Lee Fennell

Articles

No abstract provided.


Modeling Comparative Cost-Effectiveness Of Sars-Cov-2 Vaccine Dose Fractionation In India, Zhanwei Du, Lin Wang, Abhishek Pandey, Wey Wen Lim, Matteo Chinazzi, Ana Pastore Piontti, Eric H.Y. Lau, Peng Wu, Anup Malani, Sarah Cobey, Benjamin Cowling Jan 2022

Modeling Comparative Cost-Effectiveness Of Sars-Cov-2 Vaccine Dose Fractionation In India, Zhanwei Du, Lin Wang, Abhishek Pandey, Wey Wen Lim, Matteo Chinazzi, Ana Pastore Piontti, Eric H.Y. Lau, Peng Wu, Anup Malani, Sarah Cobey, Benjamin Cowling

Articles

No abstract provided.


Article 2(4) And Authoritarian International Law, Tom Ginsburg Jan 2022

Article 2(4) And Authoritarian International Law, Tom Ginsburg

Articles

In 1970, Thomas Franck asked a rhetorical question of enduring significance: Who Killed Article 2(4)?1 The reference is to the provision of the United Nations Charter that requires all member states to refrain “from the threat or use of force against the territorial integrity or political independence of any state.”2 Vladimir Putin’s gambit in Ukraine, conducted with the rhetorical purpose of eliminating the country as an independent state, is the latest in a series of events that periodically cause analysts to bemoan the end of the post-World War II international order. Will this time be different? Will it …


Civil Procedure As The Regulation Of Externalities: Toward A New Theory Of Civil Litigation, Ronen Avraham, William Hubbard Jan 2022

Civil Procedure As The Regulation Of Externalities: Toward A New Theory Of Civil Litigation, Ronen Avraham, William Hubbard

Articles

No abstract provided.


The Application Of Antitrust Law To Labor Markets -Then And Now, Richard A. Epstein Jan 2022

The Application Of Antitrust Law To Labor Markets -Then And Now, Richard A. Epstein

Articles

As of late, there has been a concerted push in the Biden administration, backed by prominent academics, to expand the application of antitrust law against major employers who are said to exercise monopsony power that reduces aggregate demand and thus leaves too many workers on the sidelines. The effort takes place chiefly in two major areas: stricter attacks on covenants not-to-compete, and more intense review of mergers under the Clayton Act.

This paper begins with an historical account of the law in both areas, from which it concludes that there is no good reason to alter the status quo ante. …


Assessing Affirmative Action's Diversity Rationale, Adam Chilton, Justin Driver, Jonathan Masur, Kyle Rozema Jan 2022

Assessing Affirmative Action's Diversity Rationale, Adam Chilton, Justin Driver, Jonathan Masur, Kyle Rozema

Articles

No abstract provided.


Antitrust And Labor Markets: A Reply To Richard Epstein, Eric Posner Jan 2022

Antitrust And Labor Markets: A Reply To Richard Epstein, Eric Posner

Articles

No abstract provided.


Antitrust Overreach In Labor Markets: A Response To Eric Posner, Richard Epstein Jan 2022

Antitrust Overreach In Labor Markets: A Response To Eric Posner, Richard Epstein

Articles

No abstract provided.


Infrastructure, Enforcement And Covid-19 In Mumbai Slums: A First Look, Anup Malani, Vaidehi Tandel, Sahil Gandhi, Shaonlee Patranabis, Luas Bettencourt Jan 2022

Infrastructure, Enforcement And Covid-19 In Mumbai Slums: A First Look, Anup Malani, Vaidehi Tandel, Sahil Gandhi, Shaonlee Patranabis, Luas Bettencourt

Articles

No abstract provided.


Personalized Class Actions, Omri Ben-Shahar Jan 2022

Personalized Class Actions, Omri Ben-Shahar

Articles

No abstract provided.


The Expanding Universe Of Bilateral Labor Agreements, Adam Chilton, Bartosz Woda Jan 2022

The Expanding Universe Of Bilateral Labor Agreements, Adam Chilton, Bartosz Woda

Articles

In the seventy-five years since the end of World War II, pairs of countries have entered into over a thousand bilateral labor agreements (BLAs) to regulate the cross-border flow of workers. These agreements have received little public or academic attention. This is likely, in part, because there is limited data or easily available information on BLAs. This Article hopes to change that by introducing three new resources: (1) a dataset documenting the formation of over 1,200 BLAs; (2) a corpus including the texts of over 800 BLAs; and (3) a dataset coding whether over 500 BLAs mention twenty topics that …


The Eventual Decline Of Empirical Law And Economics, Saul Levmore Jan 2021

The Eventual Decline Of Empirical Law And Economics, Saul Levmore

Articles

No abstract provided.


Property Law For The Ages, Michael Pollack, Lior Strahilevitz Jan 2021

Property Law For The Ages, Michael Pollack, Lior Strahilevitz

Articles

No abstract provided.


Congress's Commissioners, Brian Feinstein, M Henderson Jan 2021

Congress's Commissioners, Brian Feinstein, M Henderson

Articles

No abstract provided.


The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg Jan 2021

The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg

Articles

No abstract provided.


Chevronizing Around Cost-Benefit Analysis, Jonathan Masur, Eric Posner Jan 2021

Chevronizing Around Cost-Benefit Analysis, Jonathan Masur, Eric Posner

Articles

No abstract provided.


Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony Casey, Joshua Macey Jan 2021

Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony Casey, Joshua Macey

Articles

No abstract provided.


Cost-Benefit Conventions, Jennifer Nou Jan 2021

Cost-Benefit Conventions, Jennifer Nou

Articles

No abstract provided.


Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam Chilton, Nuno Garoupa Jan 2021

Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam Chilton, Nuno Garoupa

Articles

There is a large body of research in economics and law suggesting that the legal origin of a country that is, whether its legal regime is based on English common law or French, German, or Nordic civil law--profoundly impacts a range of outcomes. However, the exact relationship between legal origin and legal substance has been disputed in the literature and not fully explored with nuanced legal coding. We revisit this debate while leveraging novel cross-country datasets that provide detailed coding of two areas of laws: property and antitrust. We find that having shared legal origins strongly predicts whether countries have …


Symposium: The Roberts Court And Free Speech: Transcript, Michael Cahill, Joel Gora, Geoffrey Stone Jan 2021

Symposium: The Roberts Court And Free Speech: Transcript, Michael Cahill, Joel Gora, Geoffrey Stone

Articles

No abstract provided.


Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey Stone Jan 2021

Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey Stone

Articles

No abstract provided.


Limiting The Pardon Power, Albert W. Alschuler Jan 2021

Limiting The Pardon Power, Albert W. Alschuler

Articles

Although our government is said to be one of checks and balances, the president’s power “to grant Reprieves and Pardons for Offenses against the United States” appears to be unlimited. In granting this power, the Framers deliberately cast structural safeguards aside. Nevertheless, the presidency of Donald Trump prompted a search for limits. This Article examines: (1) whether a president may pardon crimes that have not yet happened (or announce his intention to do so); (2) whether he may pardon himself; (3) whether he may use pardons to obstruct justice or commit other crimes; (4) whether criminal statutes should be construed …


Constraining Executive Entrenchment, Jennifer Nou Jan 2021

Constraining Executive Entrenchment, Jennifer Nou

Articles

No abstract provided.


Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett Jan 2021

Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett

Articles

Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama's immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante, but the record of using prosecutorial discretion to accomplish humanitarian goals in immigration enforcement under Obama was, at best, mixed. Moreover, it is unclear whether Biden can depend on the availability of programs such as Deferred Action for Childhood Arrivals (DACA), Obama's signature prosecutorial discretion program. Although the …


On Disruption And Leximetrics: A Reply To Niels Petersen And Konstantin Chatziathanasiou, Zachary Elkins, Tom Ginsburg Jan 2021

On Disruption And Leximetrics: A Reply To Niels Petersen And Konstantin Chatziathanasiou, Zachary Elkins, Tom Ginsburg

Articles

No abstract provided.


Zombie Energy Laws, Joshua Macey Jan 2021

Zombie Energy Laws, Joshua Macey

Articles

No abstract provided.


Taxing Buybacks, Daniel Daniel, Gregg Polsky Jan 2021

Taxing Buybacks, Daniel Daniel, Gregg Polsky

Articles

No abstract provided.


Research Letter: Prevalence Of Sars-Cov-2 In Karnataka, India, Anup Malan, Manoj Mohanan, Kaushik Krishnan, Anu Acharya Jan 2021

Research Letter: Prevalence Of Sars-Cov-2 In Karnataka, India, Anup Malan, Manoj Mohanan, Kaushik Krishnan, Anu Acharya

Articles

No abstract provided.


Rethinking Nudge: An Information-Costs Theory Of Default Rules, Oren Bar-Gill, Omri Ben-Shahar Jan 2021

Rethinking Nudge: An Information-Costs Theory Of Default Rules, Oren Bar-Gill, Omri Ben-Shahar

Articles

Policy makers and scholars—both lawyers and economists—have long pondered the optimal design of default rules. From the classic works on “mimicking” defaults for contracts and corporations to the modern rush to set “sticky” default rules to promote policies as diverse as organ donation, retirement savings, consumer protection, and data privacy, the optimal design of default rules has featured as a central regulatory challenge. The key element driving the design is opt-out costs— how to minimize them, or, alternatively, how to raise them to make the default sticky. Much of the literature has focused on “mechanical” opt-out costs—the effort people incur …


Discovering Racial Discrimination By The Police, Alison Siegler Jan 2021

Discovering Racial Discrimination By The Police, Alison Siegler

Articles

No abstract provided.