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Articles

2015

Discipline
Institution
Keyword

Articles 1 - 30 of 337

Full-Text Articles in Law

Transparency And The Supreme Court—Can Employers Refuse To Disclose How Much They Pay For Health Care?, Nicholas Bagley, Christopher Koller Dec 2015

Transparency And The Supreme Court—Can Employers Refuse To Disclose How Much They Pay For Health Care?, Nicholas Bagley, Christopher Koller

Articles

For decades, the prices that hospitals and physicians charge private insurers have been treated as trade secrets. Even though inflated prices are an enormous reason why health care is so much more expensive in the United States than in other countries, we have only a hazy picture of what those prices actually are.


Intra-Agency Coordination, Jennifer Nou Dec 2015

Intra-Agency Coordination, Jennifer Nou

Articles

No abstract provided.


Officiating Removal, Leah Litman Dec 2015

Officiating Removal, Leah Litman

Articles

For the last several years, the Commonwealth of Pennsylvania has quietly attempted to curtail capital defendants' representation in state postconviction proceedings. In 2011, various justices on the Pennsylvania Supreme Court began to call for federally funded community defender organizations to stop representing capital defendants in state postconviction proceedings. The justices argued, among other things, that the organizations' representation of capital defendants constituted impermissible federal interference with state governmental processes and burdened state judicial resources. The court also alleged the community defender organizations were in violation of federal statutes, which only authorized the organizations to assist state prisoners in federal, but …


The Difficulties Of Democratic Mercy, Aziz Huq Dec 2015

The Difficulties Of Democratic Mercy, Aziz Huq

Articles

No abstract provided.


On Hearsay, Richard A. Posner Dec 2015

On Hearsay, Richard A. Posner

Articles

No abstract provided.


The Use And Misuse Of Patent Licenses, Jonathan Masur Dec 2015

The Use And Misuse Of Patent Licenses, Jonathan Masur

Articles

No abstract provided.


Toward A Pigouvian State, Jonathan Masur, Eric A. Posner Dec 2015

Toward A Pigouvian State, Jonathan Masur, Eric A. Posner

Articles

No abstract provided.


Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue Dec 2015

Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue

Articles

Insurance companies are financially responsible for a substantial portion of the losses associated with risky activities in the economy. The more insurers can lower the risks posed by their insureds, the more competitively they can price their policies, and the more customers they can attract. Thus, competition forces insurers to be private regulators of risk. To that end, insurers deploy a range of techniques to encourage their insureds to reduce the risks of their insured activities, from charging experience-rated premiums to discounting premium rates for insureds who make specific behavioral changes designed to reduce risk. Somewhat paradoxically, however, tort law …


Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association Dec 2015

Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association

Articles

These comments respond to proposed Treasury Regulations defining terms relating to marital status in the Internal Revenue Code following the Supreme Court's decision in the Windsor and Obergefell cases. The comments applaud the Internal Revenue Service for reading gendered terms relating to marital status in a gender-neutral fashion. For a number of reasons, however, the comments recommend that the final regulations omit the proposed rule for determining an individual’s marital status and, in its place, codify the current deference to local law in determining marital status for federal tax purposes. Most importantly, the comments further recommend that the final regulations …


Eighteen Years On: A Re-Review (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner Nov 2015

Eighteen Years On: A Re-Review (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.


Political Powerlessness, Nicholas Stephanopoulos Nov 2015

Political Powerlessness, Nicholas Stephanopoulos

Articles

No abstract provided.


Does The Constitution Mean What It Says?, David A. Strauss Nov 2015

Does The Constitution Mean What It Says?, David A. Strauss

Articles

No abstract provided.


Comment On Professor Gluck's "Imperfect Statutes, Imperfect Courts", Richard A. Posner Nov 2015

Comment On Professor Gluck's "Imperfect Statutes, Imperfect Courts", Richard A. Posner

Articles

No abstract provided.


What The Marriage Equality Cases Tell Us About Voter Id, Ellen D. Katz Nov 2015

What The Marriage Equality Cases Tell Us About Voter Id, Ellen D. Katz

Articles

Two years ago, United States u. Windsor tossed out the Defense of Marriage Act ("DOMA"). Thereafter, proponents of marriage equality secured dozens of notable victories in the lower courts, a smattering of setbacks, and last June, the victory they sought in Obergefell v. Hodges. During this same period, opponents of electoral restrictions such as voter identification have seen far less sustained success. Decided the day before Windsor, Shelby County v. Holder scrapped a key provision of the Voting Rights Act ("VRA") while making clear that plaintiffs might still challenge disputed voting regulations under Section 2 of the VRA and the …


The New Stock Market: Sense And Nonsense, Merritt B. Fox, Lawrence R. Glosten, Gabriel V. Rauterberg Nov 2015

The New Stock Market: Sense And Nonsense, Merritt B. Fox, Lawrence R. Glosten, Gabriel V. Rauterberg

Articles

How stocks are traded in the United States has been totally transformed. Gone are the dealers on NASDAQ and the specialists at the NYSE. Instead, a company’s stock can now be traded on up to sixty competing venues where a computer matches incoming orders. High-frequency traders (HFTs) post the majority of quotes and are the preponderant source of liquidity in the new market. Many practices associated with the new stock market are highly controversial, as illustrated by the public furor following the publication of Michael Lewis’s book Flash Boys. Critics say that HFTs use their speed in discovering changes in …


Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis Nov 2015

Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis

Articles

Until recently, state attorneys general defended their states’ laws as a matter of course. However, one attorney general’s decision not to defend his state’s law in a prominent marriage equality case sparked a cascade of attorney general declinations in other marriage equality cases. Declinations have also increased across a range of states and with respect to several other contentious subjects, including abortion and gun control. This Essay evaluates the causes and implications of this recent trend of state attorneys general abstaining from defending controversial laws on the grounds that those laws are unconstitutional, focusing on the marriage equality cases as …


Wrongs, Rights, And Third Parties, Nicholas Cornell Oct 2015

Wrongs, Rights, And Third Parties, Nicholas Cornell

Articles

In philosophical and legal arguments, it is commonly assumed that a person is wronged only if that person has had a right violated. This assumption is often viewed almost as a necessary conceptual truth: to be wronged is to have one's right violated, and to have a right is to be one who stands to be wronged. I will argue that this assumption is incorrect—that having a right and standing to be wronged are distinct and separable moral phenomena.

My argument begins from cases in which third parties are affected by the violation of someone else's rights. I will introduce …


Perfectionism And Fundamentalism In The Application Of The German Abortion Laws, Mary Anne Case Oct 2015

Perfectionism And Fundamentalism In The Application Of The German Abortion Laws, Mary Anne Case

Articles

No abstract provided.


The Equality Taboo, David A. Strauss Oct 2015

The Equality Taboo, David A. Strauss

Articles

No abstract provided.


Regulatory Textualism, Jennifer Nou Oct 2015

Regulatory Textualism, Jennifer Nou

Articles

No abstract provided.


The View From Inside The Nsa Review Group, Geoffrey R. Stone Oct 2015

The View From Inside The Nsa Review Group, Geoffrey R. Stone

Articles

No abstract provided.


A Framework For Bailout Regulation, Eric A. Posner, Anthony Casey Oct 2015

A Framework For Bailout Regulation, Eric A. Posner, Anthony Casey

Articles

No abstract provided.


Arizona And Anti-Reform, Nicholas Stephanopoulos Oct 2015

Arizona And Anti-Reform, Nicholas Stephanopoulos

Articles

No abstract provided.


Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton Oct 2015

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton

Articles

No abstract provided.


How Do Bank Regulators Determine Capital-Adequacy Requirements?, Eric A. Posner Oct 2015

How Do Bank Regulators Determine Capital-Adequacy Requirements?, Eric A. Posner

Articles

No abstract provided.


Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq Oct 2015

Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq

Articles

No abstract provided.


Escaping The American Blot? A Comparative Look At Federalism In Australia And The United States Through The Lens Of Family Law, Emily Buss, William Buss Oct 2015

Escaping The American Blot? A Comparative Look At Federalism In Australia And The United States Through The Lens Of Family Law, Emily Buss, William Buss

Articles

No abstract provided.


Potential Of Florida's Effective Assistance Of Counsel Doctrine To Increase Parent Engagement And Promote The Well-Being Of Children, Robert Latham, Robin L. Rosenberg Oct 2015

Potential Of Florida's Effective Assistance Of Counsel Doctrine To Increase Parent Engagement And Promote The Well-Being Of Children, Robert Latham, Robin L. Rosenberg

Articles

No abstract provided.


With Marriage On The Decline And Cohabitation On The Rise, What About Marital Rights For Unmarried Partners?, Lawrence W. Waggoner Oct 2015

With Marriage On The Decline And Cohabitation On The Rise, What About Marital Rights For Unmarried Partners?, Lawrence W. Waggoner

Articles

This article draws attention to a cultural shift in the formation of families that has been and is taking place in this country and in the developed world. Part I uses recent government data to trace the decline of marriage and the rise of cohabitation in the United States. Between 2000 and 2010, the population grew by 9.71 %, but the husband and wife households only grew by 3.7%, while the unmarried couple households grew by 41.4%. A counter-intuitive finding is that the early 21st century data show little correlation between the marriage rate and economic conditions. Because of the …


The Unintended Effects Of Government-Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue Oct 2015

The Unintended Effects Of Government-Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue

Articles

Catastrophes from severe weather are perhaps the costliest accidents humanity faces. While we are still a long way from technologies that would abate the destructive force of storms, there is much we can do to reduce their effect. True, we cannot regulate the weather, but through smart governance and correct incentives we can influence human exposure to the risk of bad weather. We may not be able to control wind or storm surge, but we can prompt people to build sturdier homes with stronger roofs far from floodplains. We call these catastrophes "natural disasters," but they are the result of …