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Full-Text Articles in Law
Consumption Taxation Is Still Superior To Income Taxation, David A. Weisbach, Joseph Bankman
Consumption Taxation Is Still Superior To Income Taxation, David A. Weisbach, Joseph Bankman
Articles
No abstract provided.
Current Research On Medical Malpractice Liability, Anup Malani
Current Research On Medical Malpractice Liability, Anup Malani
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No abstract provided.
Probability Thresholds, Jonathan Masur
Probability Thresholds, Jonathan Masur
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Scholars and lower courts have traditionally operated under the belief that cases involving direct tradeoffs between free speech and national security call for the application of straightforward cost-benefit analysis. But the Supreme Court has refused to adhere to this approach, instead deciding difficult liberty-versus-security questions with reference to a "probability threshold"--a doctrinal floor defining how likely a potential threat must be in order to register in the constitutional calculus. This doctrinal innovation has served as a necessary corrective to what would otherwise be the systematic overestimation of speech-based threats driven by the interaction of two factors. First, distinct informational asymmetries …
Classic Revisited: Penal Theory In Paradise Lost, Richard A. Posner, Jillisa Brittan
Classic Revisited: Penal Theory In Paradise Lost, Richard A. Posner, Jillisa Brittan
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No abstract provided.
John Milton: Complete Poems And Major Prose, Richard A. Posner
John Milton: Complete Poems And Major Prose, Richard A. Posner
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No abstract provided.
Essay: On The Divergent American Reactions To Terrorism And Climate Change, Cass R. Sunstein
Essay: On The Divergent American Reactions To Terrorism And Climate Change, Cass R. Sunstein
Articles
Two of the most important sources of catastrophic risk are terrorism and climate change. The United States has responded aggressively to the risk of terrorism while doing very little about the risk of climate change. For the United States alone, the cost of the Iraq War is in excess of the anticipated cost of the Kyoto Protocol. The divergence presents a puzzle; it also raises more general questions about both risk perception and the public demand for legislation. The best explanation for the divergence emphasizes bounded rationality. Americans believe that aggressive steps to reduce the risk of terrorism promise to …
The Law And Economics Of Company Stock In 401(K) Plans, Cass R. Sunstein, Shlomo Benartzi, Richard H. Thaler, Stephen P. Utkus
The Law And Economics Of Company Stock In 401(K) Plans, Cass R. Sunstein, Shlomo Benartzi, Richard H. Thaler, Stephen P. Utkus
Articles
Some 11 million participants in 401(k) plans invest more than 20 percent of their retirement savings in their employer's stock. Yet investing in the stock of one's employer is risky: single securities are riskier than diversified portfolios, and an employee's human capital typically is positively correlated with the company's performance. In the worst-case scenario, workers can lose their jobs and much of their retirement wealth simultaneously. For workers who expect to work for a company for many years, a dollar of company stock can be valued at less than 50 cents after accounting for risk. However, employees still invest voluntarily …
Federalism: Executive Power In Wartime, Richard A. Epstein, Roger Pilon, Geoffrey R. Stone, John C. Yoo
Federalism: Executive Power In Wartime, Richard A. Epstein, Roger Pilon, Geoffrey R. Stone, John C. Yoo
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No abstract provided.
Due Process Traditionalism, Cass R. Sunstein
Due Process Traditionalism, Cass R. Sunstein
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In important cases, the Supreme Court has limited the scope of "substantive due process" by reference to tradition, but it has yet to explain why it has done so. Due process traditionalism might be defended in several distinctive ways. The most ambitious defense draws on a set of ideas associated with Edmund Burke and Friedrich Hayek, who suggested that traditions have special credentials by virtue of their acceptance by many minds. But this defense runs into three problems. Those who have participated in a tradition may not have accepted any relevant proposition; they might suffer from a systematic bias; and …
If People Would Be Outraged By Their Rulings, Should Judges Care, Cass R. Sunstein
If People Would Be Outraged By Their Rulings, Should Judges Care, Cass R. Sunstein
Articles
At first glance, judicial anticipation of public outrage and its effects seems incompatible with judicial independence. Nonetheless, judges might be affected by the prospect of outrage for both consequentialist and epistemic reasons. If a judicial ruling would undermine the cause that it is meant to promote or impose serious social harms, judges might have reason to hesitate on consequentialist grounds. The prospect ofpublic outrage might also suggest that the court's ruling would be incorrect on the merits; if most people disagree with the court's decision, perhaps the court is wrong. Those who adopt a method of constitutional interpretation on consequentialist …
The Erosion Of Individual Autonomy In Medical Decisionmaking: Of The Fda And Irbs, Richard A. Epstein
The Erosion Of Individual Autonomy In Medical Decisionmaking: Of The Fda And Irbs, Richard A. Epstein
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No abstract provided.
Against Irreparable Benefits, Omri Ben-Shahar
Against Irreparable Benefits, Omri Ben-Shahar
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The conventional approach to preliminary relief focuses on irreparable harm but entirely neglects irreparable benefits. That is hard to understand. Errant irreversible harms are important because they distort incentives and have lasting distributional con
Conflicts Of Interest In Health Care: Who Guards The Guardians?, Richard A. Epstein
Conflicts Of Interest In Health Care: Who Guards The Guardians?, Richard A. Epstein
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No abstract provided.
''Don't Try This At Home': Posner As Political Economist, Lior Strahilevitz
''Don't Try This At Home': Posner As Political Economist, Lior Strahilevitz
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No abstract provided.
Freedom Of Religion, The War On Terrorism, And The Courts, Geoffrey R. Stone
Freedom Of Religion, The War On Terrorism, And The Courts, Geoffrey R. Stone
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No abstract provided.
From Penn Central To Lingle: The Long Backwards Road, Richard A. Epstein
From Penn Central To Lingle: The Long Backwards Road, Richard A. Epstein
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No abstract provided.
In Memoriam: Bernard D. Meltzer (1914-2007), Geoffrey R. Stone
In Memoriam: Bernard D. Meltzer (1914-2007), Geoffrey R. Stone
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No abstract provided.
Is Public Reason Counterproductive?, Eduardo Peñalver
Judicial Deference And The Credibility Of Agency Commitments, Jonathan Masur
Judicial Deference And The Credibility Of Agency Commitments, Jonathan Masur
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No abstract provided.
Mixed-Income Housing As A Pre-Commitment Strategy, Jeff Leslie
Mixed-Income Housing As A Pre-Commitment Strategy, Jeff Leslie
Articles
No abstract provided.
Prediction Markets For Corporate Governance, M. Todd Henderson, Michael Abramowicz
Prediction Markets For Corporate Governance, M. Todd Henderson, Michael Abramowicz
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No abstract provided.
Property And Half-Torts, Lee Anne Fennell
Property And Half-Torts, Lee Anne Fennell
Articles
The idea that a tort can be split analytically into two parts -risk and harm- underlies a great deal of torts scholarship. Yet the notion has been all but ignored by property scholars employing Calabresi and Melamed's famous entitlement framework. Thus, i
Property Outlaws, Eduardo Peñalver, Sonia Katyal
Property Outlaws, Eduardo Peñalver, Sonia Katyal
Articles
Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a "wrongdoer" comports with the status of property rights within our characteristically individualist, capitalist, political culture. This reflexively dim view of property lawbreakers is also shared, to a large degree, by property theorists, many of whom regard property rights as a relatively fixed constellation of entitlements that collectively produce stability and efficiency through an orderly system of ownership. In this Article, Professors Peihalver and Katyal seek partially to rehabilitate the reviled character of the intentional property …
The Case For For-Profit Charities, Anup Malani, Eric A. Posner
The Case For For-Profit Charities, Anup Malani, Eric A. Posner
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No abstract provided.
Deference, Delegation, And Immigration Law, Adam B. Cox
Deference, Delegation, And Immigration Law, Adam B. Cox
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No abstract provided.
Unratified Treaties, Domestic Politics, And The U.S. Constitution, Curtis A. Bradley
Unratified Treaties, Domestic Politics, And The U.S. Constitution, Curtis A. Bradley
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Many commentators who favor expansions in international law also favor restrictions on executive authority. What these commentators often fail to recognize is the potential for conflict between these two commitments. In this Article, I consider one example of this potential conflict: the effect under international law of signed but unratified treaties.
Under contemporary treaty practice, a nation’s signature of a treaty, especially a multilateral treaty, typically does not make the nation a party to the treaty. Rather, nations become parties to treaties by an act of ratification or accession, either by depositing an instrument of ratification or accession with a …
Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe
Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe
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No abstract provided.
The International Protection Of Cultural Property: Some Skeptical Observations, Eric A. Posner
The International Protection Of Cultural Property: Some Skeptical Observations, Eric A. Posner
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No abstract provided.
Tribute To Bernard Meltzer, Phil C. Neal
Tribute To Bernard Meltzer, Richard A. Epstein