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Full-Text Articles in Law
Beyond Exit And Voice: User Participation In The Production Of Local Public Goods, Lee Anne Fennell
Beyond Exit And Voice: User Participation In The Production Of Local Public Goods, Lee Anne Fennell
Articles
No abstract provided.
In The United States Court Of Appeals For The Fourteenth Circuit, Richard A. Posner
In The United States Court Of Appeals For The Fourteenth Circuit, Richard A. Posner
Articles
No abstract provided.
Further Thoughts On Customary International Law, Eric A. Posner, Jack L. Goldsmith
Further Thoughts On Customary International Law, Eric A. Posner, Jack L. Goldsmith
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No abstract provided.
Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein
Private Commercial Law In The Cotton Industry: Creating Cooperation Through Rules, Norms, And Institutions, Lisa Bernstein
Articles
No abstract provided.
A New Executive Order For Improving Federal Regulation - Deeper And Wider Cost-Benefit Analysis, Cass R. Sunstein, Robert W. Hahn
A New Executive Order For Improving Federal Regulation - Deeper And Wider Cost-Benefit Analysis, Cass R. Sunstein, Robert W. Hahn
Articles
For over two decades, federal agencies have been required to analyze the benefits and costs of significant regulatory actions and to show that the benefits justify the costs. But the regulatory state continues to suffer from significant problems, including poor priority-setting, unintended adverse side-effects, and, on occasion, high costs for low benefits. In many cases, agencies do not offer an adequate account of either costs or benefits, and hence the commitment to cost-benefit balancing is not implemented in practice. A major current task is to ensure a deeper and wider commitment to cost-benefit analysis, properly understood. We explain how this …
Cost-Benefit Analysis And Relative Position, Cass R. Sunstein, Robert H. Frank
Cost-Benefit Analysis And Relative Position, Cass R. Sunstein, Robert H. Frank
Articles
Current estimates of regulatory benefits are too low and possibly far too low. This is because the standard economic approach to measuring costs and benefits, which attempts to estimate people's willingness to pay for various regulatory benefits, ignores a central point about valuation, thus producing numbers that systematically understate those benefits. Conventional estimates tell us the amount of income an individual, acting in isolation, would be willing to sacrifice in return for, say, an increase in safety on the job. But while these estimates are based on the implicit assumption that economic well-being depends only on absolute income, considerable evidence …
Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Douglas G. Baird, Robert K. Rasmussen
Control Rights, Priority Rights, And The Conceptual Foundations Of Corporate Reorganizations, Douglas G. Baird, Robert K. Rasmussen
Articles
No abstract provided.
Using Net Benefit Accounts To Discipline Agencies: A Thought Experiment, Eric A. Posner
Using Net Benefit Accounts To Discipline Agencies: A Thought Experiment, Eric A. Posner
Articles
No abstract provided.
Introduction: Guns, Crime, And Punishment In America, Bernard E. Harcourt
Introduction: Guns, Crime, And Punishment In America, Bernard E. Harcourt
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No abstract provided.
Life In No Trump: Property And Speech Under The Constitution, Richard A. Epstein
Life In No Trump: Property And Speech Under The Constitution, Richard A. Epstein
Articles
No abstract provided.
Clinical And Theoretical Approaches To The Teaching Of Evidence And Trial Advocacy, Richard A. Posner
Clinical And Theoretical Approaches To The Teaching Of Evidence And Trial Advocacy, Richard A. Posner
Articles
No abstract provided.
Naturalized Epistemology And The Law Of Evidence, Brian Leiter, Ronald J. Allen
Naturalized Epistemology And The Law Of Evidence, Brian Leiter, Ronald J. Allen
Articles
No abstract provided.
Puzzling Stock Options And Compensation Norms, Saul Levmore
Puzzling Stock Options And Compensation Norms, Saul Levmore
Articles
Why do so many executives and other employees receive fixed stock options as part of their compensation packages? Even though there is an impressive literature on compensatory options, it raises more puzzles than it solves. Tax law, option theory, and agency theory all suggest that we might have expected to find quite different practices than we observe. In particular, there is a puzzle in the popularity of conventional fixed options when indexed options would seem to be relatively attractive. The solution or story offered here develops arguments about signaling; employees will not want to be seen as preferring cash over …
The Human Rights Of The Mentally Disabled: Can European Union Law Help?, Elizabeth Duquette
The Human Rights Of The Mentally Disabled: Can European Union Law Help?, Elizabeth Duquette
Articles
No abstract provided.
Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein
Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein
Articles
No abstract provided.
Subrogation And Insolvency, Alan O. Sykes
Subrogation And Insolvency, Alan O. Sykes
Articles
When tort judgments exceed the assets of tortfeasors and the tort victim has first-party insurance for a portion of the loss suffered, the question arises as to how the recovery from the tortfeasor should be divided between' the tort victim on the one hand and the insurer via its rights of subrogation on the other. A common view among the courts and legal commentators is that the insured should be made whole before the insurer recovers subrogation. This paper employs simple models of optimal insurance contracts to show that the opposite rule will often be optimal. Accordingly, there is little …
Order Without Law, Cass R. Sunstein
Statistics, Not Experts, Cass R. Sunstein, William Meadow
Statistics, Not Experts, Cass R. Sunstein, William Meadow
Articles
No abstract provided.
The Arithmetic Of Arsenic, Cass R. Sunstein
The Arithmetic Of Arsenic, Cass R. Sunstein
Articles
What does cost-benefit analysis mean, or do, in actual practice? When agencies engage 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 the EPA's proposed regulation of arsenic in drinking water The largest finding is that often science can produce only "benefit ranges, " and wide ones at that. With reasonable assumptions based on the scientific data before the EPA at the time it made its initial decision, the proposed arsenic regulation can be projected to save as few as 0 lives …
'In Such Manner As The Legislature Thereof May Direct': The Outcome In Bush V Gore Defended, Richard A. Epstein
'In Such Manner As The Legislature Thereof May Direct': The Outcome In Bush V Gore Defended, Richard A. Epstein
Articles
No abstract provided.
Consent, Not Power, As The Basis Of Jurisdiction Frontiers Of Jurisdiction, Richard A. Epstein
Consent, Not Power, As The Basis Of Jurisdiction Frontiers Of Jurisdiction, Richard A. Epstein
Articles
No abstract provided.
Standing And Spending - The Role Of Legal And Equitable Principles, Richard A. Epstein
Standing And Spending - The Role Of Legal And Equitable Principles, Richard A. Epstein
Articles
No abstract provided.
When Courts And Politics Collide: Mongolia's Constitutional Crisis, Tom Ginsburg, Gombosuren Ganzorig
When Courts And Politics Collide: Mongolia's Constitutional Crisis, Tom Ginsburg, Gombosuren Ganzorig
Articles
No abstract provided.
Money And Judges In The Law Of The Medieval Church, Richard H. Helmholz
Money And Judges In The Law Of The Medieval Church, Richard H. Helmholz
Articles
No abstract provided.
Peonage And Contractual Liberty, Aziz Huq
Speculating Law: Beyond Cigarettes And Swiss Banks, Saul Levmore
Speculating Law: Beyond Cigarettes And Swiss Banks, Saul Levmore
Articles
No abstract provided.
Conjunction And Aggregation, Saul Levmore
Signaling Discount Rates: Law, Norms, And Economic Methodology (Reviewing Eric A. Posner, Law And Social Norms (2000)), Richard H. Mcadams
Signaling Discount Rates: Law, Norms, And Economic Methodology (Reviewing Eric A. Posner, Law And Social Norms (2000)), Richard H. Mcadams
Articles
No abstract provided.
Bush V. Gore: Reply To Friedman, Richard A. Posner
Comment On Lempert On Posner, Richard A. Posner