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Full-Text Articles in Law

Work And Employment For Daca Recipients, Geoffrey Heeren Jan 2021

Work And Employment For Daca Recipients, Geoffrey Heeren

Articles

No abstract provided.


Communion: Envisioning And Executing The Fourth National People Of Color Legal Scholarship Conference — The Largest Ever Gathering Of Minority Law Scholars, Anthony E. Varona Jan 2021

Communion: Envisioning And Executing The Fourth National People Of Color Legal Scholarship Conference — The Largest Ever Gathering Of Minority Law Scholars, Anthony E. Varona

Articles

No abstract provided.


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

Congress's Commissioners, Brian Feinstein, M Henderson

Articles

No abstract provided.


Why Judicial Independence Fails, Aziz Huq Jan 2021

Why Judicial Independence Fails, Aziz Huq

Articles

No abstract provided.


Taxing Buybacks, Daniel Daniel, Gregg Polsky Jan 2021

Taxing Buybacks, Daniel Daniel, Gregg Polsky

Articles

No abstract provided.


Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan Jan 2021

Competing Algorithms For Law: Sentencing, Admissions, And Employment, Saul Levmore, Frank Fagan

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 …


Long Live The Federal Power Act’S Bright Line, Joshua Macey Jan 2021

Long Live The Federal Power Act’S Bright Line, Joshua Macey

Articles

No abstract provided.


Discovering Racial Discrimination By The Police, Alison Siegler Jan 2021

Discovering Racial Discrimination By The Police, Alison Siegler

Articles

No abstract provided.


Remixing Resources, Lee Fennell Jan 2021

Remixing Resources, Lee Fennell

Articles

No abstract provided.


The Other American Law, Elizabeth Reese Jan 2021

The Other American Law, Elizabeth Reese

Articles

No abstract provided.


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.


Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude Jan 2021

Constitutionalizing Interstate Relations: The Temptation Of The Dark Side, William Baude

Articles

No abstract provided.


The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse Jan 2021

The Future Of Felon Disenfranchisement Reform: Evidence From The Campaign To Restore Voting Rights In Florida, Michael Morse

Articles

No abstract provided.


Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case Jan 2021

Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case

Articles

No abstract provided.


Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein Jan 2021

Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein

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 …


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

Property Law For The Ages, Michael Pollack, Lior Strahilevitz

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.


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 …


Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams Jan 2021

Police Deception In Interrogation As A Problem Of Procedural Legitimacy, Margareth Etienne, Richard Mcadams

Articles

No abstract provided.


Designing Supreme Court Term Limits, Adam Chilton, Daniel Epps, Kyle Rozema, Maya Sen Jan 2021

Designing Supreme Court Term Limits, Adam Chilton, Daniel Epps, Kyle Rozema, Maya Sen

Articles

Since the Founding, Supreme Court Justices have enjoyed life tenure. This helps insulate the Justices from political pressures, but it also results in unpredictable deaths and strategic retirements determining the timing of Court vacancies. In order to regularize the appointments process, a number of academics and policymakers have put forward detailed term-limits proposals. However, many of these proposals have been silent on several key design decisions, and there has been almost no empirical work assessing the impact that term limits would have on the composition of the Supreme Court.

This Article provides a framework for designing a complete term-limits proposal …


Legal Analysis, Policy Analysis, And The Price Of Deference: An Empirical Study Of Mayo And Chevron, Jonathan H. Choi Jan 2021

Legal Analysis, Policy Analysis, And The Price Of Deference: An Empirical Study Of Mayo And Chevron, Jonathan H. Choi

Articles

No abstract provided.


Second Look = Second Chance: Turning The Tide Through Nacdl's Model Second Look Legislation, Janeanne Murray, Sean Hecker, Michael Skocpol, Marissa Elkins Jan 2021

Second Look = Second Chance: Turning The Tide Through Nacdl's Model Second Look Legislation, Janeanne Murray, Sean Hecker, Michael Skocpol, Marissa Elkins

Articles

No abstract provided.


Macdl Weighs In On The Most Consequential Pardon Case In 125 Years, Janeanne Murray Jan 2021

Macdl Weighs In On The Most Consequential Pardon Case In 125 Years, Janeanne Murray

Articles

No abstract provided.


Legislative Administration, Maria Ponomarenko Jan 2021

Legislative Administration, Maria Ponomarenko

Articles

A distinct feature of local administrative practice is that many of the entities responsible for “administering” various statutory schemes are not in fact agencies at all. In jurisdictions large and small, local legislative bodies, including municipal councils and county boards, engage in a great deal of “administrative” activity. They grant permits, approve zoning variances, and hear disciplinary appeals. And in performing these functions they, at least in theory, are subject to the same procedural requirements and substantive standards of review that would apply if the decisions were made instead by an administrative entity. The problem, as courts occasionally have recognized, …


The Corrosion Critique Of Benefit Corporations, Brett Mcdonnell Jan 2021

The Corrosion Critique Of Benefit Corporations, Brett Mcdonnell

Articles

This Article evaluates what it labels the corrosion critique of benefit corporation statutes. These statutes have emerged as the leading new statutory alternative to enable and encourage social enterprises, businesses which seek both to generate financial returns for their investors while also pursuing social missions. Some persons who strongly support social enterprises have criticized benefit corporation statutes, arguing that they create a mistaken impression that companies organized under ordinary corporation statutes cannot consider the interests of non-shareholder stakeholders except insofar as doing so benefits shareholders in the long run. This corrosive effect on the understanding of most corporations may impede …


What Both Hart And Fuller Got Wrong, Oren Gross Jan 2021

What Both Hart And Fuller Got Wrong, Oren Gross

Articles

No abstract provided.


Catching Unfitness, Jon J. Lee Jan 2021

Catching Unfitness, Jon J. Lee

Articles

No abstract provided.


The Law Of Energy Exports, Alexandra Klass, Shantal Pai Jan 2021

The Law Of Energy Exports, Alexandra Klass, Shantal Pai

Articles

No abstract provided.