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Full-Text Articles in Law
Civil Procedure As The Regulation Of Externalities: Toward A New Theory Of Civil Litigation, Ronen Avraham, William Hubbard
Civil Procedure As The Regulation Of Externalities: Toward A New Theory Of Civil Litigation, Ronen Avraham, William Hubbard
Articles
No abstract provided.
Managerial Contracting: A Preliminary Study, Lisa Bernstein, Brad Peterson
Managerial Contracting: A Preliminary Study, Lisa Bernstein, Brad Peterson
Articles
Important types of contractual relationships—among them those between integrated product manufacturers and their suppliers—are neither fully transactional nor fully relational. The agreements that govern these relationships incorporate highly detailed written terms that focus not only on what is promised but also on the details of how it is to be achieved and how suppliers’ actions will be monitored and responded to over the life of the agreement. Together with the implicit relational contracts that support their operation, these provisions create an economic hybrid that lies between markets and hierarchies, a set of relatively standard institutional arrangements that give buyers the …
Antitrust Overreach In Labor Markets: A Response To Eric Posner, Richard Epstein
Antitrust Overreach In Labor Markets: A Response To Eric Posner, Richard Epstein
Articles
No abstract provided.
Article 2(4) And Authoritarian International Law, Tom Ginsburg
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 …
Antitrust And Labor Markets: A Reply To Richard Epstein, Eric Posner
Antitrust And Labor Markets: A Reply To Richard Epstein, Eric Posner
Articles
No abstract provided.
Escape Room: Implicit Takings After Cedar Point Nursery, Lee Fennell
Escape Room: Implicit Takings After Cedar Point Nursery, Lee Fennell
Articles
No abstract provided.
Assessing Affirmative Action's Diversity Rationale, Adam Chilton, Justin Driver, Jonathan Masur, Kyle Rozema
Assessing Affirmative Action's Diversity Rationale, Adam Chilton, Justin Driver, Jonathan Masur, Kyle Rozema
Articles
No abstract provided.
Personalized Class Actions, Omri Ben-Shahar
The Application Of Antitrust Law To Labor Markets -Then And Now, Richard A. Epstein
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. …
The Expanding Universe Of Bilateral Labor Agreements, Adam Chilton, Bartosz Woda
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 …
Rethinking Nudge: An Information-Costs Theory Of Default Rules, Oren Bar-Gill, Omri Ben-Shahar
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 …
The Boundaries Of Normative Law And Economics, Eric Posner
The Boundaries Of Normative Law And Economics, Eric Posner
Articles
No abstract provided.
Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude
Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude
Articles
No abstract provided.
Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case
Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case
Articles
No abstract provided.
The Other American Law, Elizabeth Reese
The Eventual Decline Of Empirical Law And Economics, Saul Levmore
The Eventual Decline Of Empirical Law And Economics, Saul Levmore
Articles
No abstract provided.
The Social Science Approach To International Law, Daniel Abebe, Adam Chilton, Tom Ginsburg
The Social Science Approach To International Law, Daniel Abebe, Adam Chilton, Tom Ginsburg
Articles
No abstract provided.
The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse
The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse
Articles
No abstract provided.
Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony Casey, Joshua Macey
Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony Casey, Joshua Macey
Articles
No abstract provided.
Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein
Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein
Articles
No abstract provided.
Valuation Blunders In The Law Of Eminent Domain, Richard Epstein
Valuation Blunders In The Law Of Eminent Domain, Richard Epstein
Articles
No abstract provided.
Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam Chilton, Nuno Garoupa
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 …
The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg
The Performance Of Africa's International Courts: Using Litigation For Political, Legal, And Social Change, Tom Ginsburg
Articles
No abstract provided.
Property Law For The Ages, Michael Pollack, Lior Strahilevitz
Property Law For The Ages, Michael Pollack, Lior Strahilevitz
Articles
No abstract provided.
Limiting The Pardon Power, Albert W. Alschuler
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 …
Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett
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 …
Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams
Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams
Articles
No abstract provided.
Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey Stone
Introductory Remarks: The Roberts Court And The First Amendment: An Introduction, Geoffrey Stone
Articles
No abstract provided.
Symposium: The Roberts Court And Free Speech: Transcript, Michael Cahill, Joel Gora, Geoffrey Stone
Symposium: The Roberts Court And Free Speech: Transcript, Michael Cahill, Joel Gora, Geoffrey Stone
Articles
No abstract provided.
Congress's Commissioners, Brian Feinstein, M Henderson