Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Civil procedure (1)
- Climate change (1)
- Context-dependent alternatives (1)
- Courts (1)
- Decision theory (1)
-
- Duress (1)
- Equality (1)
- Exploitation of loopholes (1)
- Foreign relations law (1)
- Global warming (1)
- Immigration (1)
- Impossibility theorem (1)
- Individual plaintiffs (1)
- Intransitivity (1)
- Kenneth Arrow (1)
- Law and economics (1)
- Legal theory (1)
- Option-stratified legal systems (1)
- Philosophy (1)
- Preemption (1)
- Remedies (1)
- Revealed preferences (1)
- Self-defense (1)
- Separation of powers (1)
- Sister cities (1)
- Social choice (1)
- Trade sanctions (1)
- Transnational regulation (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Cooperative And Uncooperative Foreign Affairs Federalism, Jean Galbraith
Cooperative And Uncooperative Foreign Affairs Federalism, Jean Galbraith
All Faculty Scholarship
This book review argues for reorienting how we think about federalism in relation to foreign affairs. In considering state and local engagement in foreign affairs, legal scholars often focus on the opportunities and limits provided by constitutional law. Foreign Affairs Federalism: The Myth of National Exclusivity by Michael Glennon and Robert Sloane does precisely this in a thoughtful and well-crafted way. But while the backdrop constitutional principles studied by Glennon and Sloane are important, so too are other types of law that receive far less attention. International law, administrative law, particular statutory schemes, and state law can all affect how …
The Inevitability And Ubiquity Of Cycling In All Feasible Legal Regimes: A Formal Proof, Leo Katz, Alvaro Sandroni
The Inevitability And Ubiquity Of Cycling In All Feasible Legal Regimes: A Formal Proof, Leo Katz, Alvaro Sandroni
All Faculty Scholarship
Intransitive choices, or cycling, are generally held to be the mark of irrationality. When a set of rules engenders such choices, it is usually held to be irrational and in need of reform. In this article, we prove a series of theorems, demonstrating that all feasible legal regimes are going to be rife with cycling. Our first result, the legal cycling theorem, shows that unless a legal system meets some extremely restrictive conditions, it will lead to cycling. The discussion that follows, along with our second result, the combination theorem, shows exactly why these conditions are almost impossible to meet. …
Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky
Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky
All Faculty Scholarship
The individual plaintiff plays a critical—yet, underappreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness. The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a wrong has been committed nevertheless, it guarantees the payment of compensation, ex post. No other form of litigation, including class actions and criminal prosecutions, or even compensation funds, can accomplish the same result. Yet, as we show in this Essay, in many key sectors of …