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Full-Text Articles in Law
Standing For The Structural Constitution, Aziz Huq
Standing For The Structural Constitution, Aziz Huq
Public Law and Legal Theory Working Papers
No abstract provided.
Exactions Creep, Lee Anne Fennell, Eduardo Peñalver
Exactions Creep, Lee Anne Fennell, Eduardo Peñalver
Kreisman Working Paper Series in Housing Law and Policy
No abstract provided.
Becoming A Fifth Branch, M. Todd Henderson, William A. Birdthistle
Becoming A Fifth Branch, M. Todd Henderson, William A. Birdthistle
Articles
No abstract provided.
Patent Invalidity Versus Noninfringement, Roger Ford
Standing For The Structural Constitution, Aziz Huq
Beyond Insolvency, Vincent Buccola
Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood
Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood
Articles
No abstract provided.
Just Enough, Lee Anne Fennell
Just Enough, Lee Anne Fennell
Kreisman Working Paper Series in Housing Law and Policy
No abstract provided.
The Boundaries Of The Moral (And Legal) Community, Brian Leiter
The Boundaries Of The Moral (And Legal) Community, Brian Leiter
Articles
No abstract provided.
Advertisements Impact The Physiological Efficacy Of A Branded Drug, Emir Kamenica, Robert Naclerio, Anup Malani
Advertisements Impact The Physiological Efficacy Of A Branded Drug, Emir Kamenica, Robert Naclerio, Anup Malani
Articles
No abstract provided.
Mock Trials And Real Justices And Judges, Richard A. Posner
Mock Trials And Real Justices And Judges, Richard A. Posner
Articles
No abstract provided.
We The People, They The People, And The Puzzle Of Democratic Constitutionalism, David A. Strauss
We The People, They The People, And The Puzzle Of Democratic Constitutionalism, David A. Strauss
Articles
No abstract provided.
Happiness Institutions, Jennifer Nou
Toward A Positive Theory Of Privacy Law, Lior Strahilevitz
Toward A Positive Theory Of Privacy Law, Lior Strahilevitz
Articles
No abstract provided.
Well-Being Analysis Vs. Cost-Benefit Analysis, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Well-Being Analysis Vs. Cost-Benefit Analysis, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Articles
Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures, then using those dollar figures as proxies for quality of life, creates significant systemic errors. These problems have been lamented by many scholars, and recent calls have gone out from world leaders and prominent economists to find an alternative analytical device that would measure quality of life more directly. This Article proposes well-being analysis (WBA) as that alternative. Relying on data from studies in the field of hedonic psychology that track people's actual experience …
Agency Self-Insulation Under Presidential Review, Jennifer Nou
Agency Self-Insulation Under Presidential Review, Jennifer Nou
Articles
Agencies possess enormous regulatory discretion. This discretion allows executive branch agencies in particular to insulate their decisions from presidential review by raising the costs of such review. They can do so, for example, through variations in policymaking form, cost-benefit analysis quality, timing strategies, and institutional coalition-building. This Article seeks to help shift the literature's focus on courtcentered agency behavior to consider instead the role of the President under current executive orders. Specifically, the Article marshals public-choice insights to offer an analytic framework for what it calls agency self-insulation under presidential review, illustrates the phenomenon, and assesses some normative implications. The …
The Hidden Costs Of Terrorist Watch Lists, Anya Bernstein
The Hidden Costs Of Terrorist Watch Lists, Anya Bernstein
Articles
No abstract provided.
Tiers Of Scrutiny In Enumerated Powers Jurisprudence, Aziz Huq
Tiers Of Scrutiny In Enumerated Powers Jurisprudence, Aziz Huq
Articles
This Article identifies and analyzes the recent emergence of a "tiers of scrutiny" system in Supreme Court jurisprudence respecting the boundaries of Congress's enumerated powers. The inquiry is motivated by the Court's recent ruling on the federal healthcare law, which demonstrated that the national legislature's election among its diverse textual sources of authority in Article I can have large, outcome-determinative consequences in constitutional challenges to federal laws. This is so because the Court not only delineates each power's substantive boundaries differently but also applies distinct standards of review to the various legislative powers enumerated in Article I and elsewhere in …
Not Unwritten, After All? (Reviewing Akhil Reed Amar, America's Unwritten Constitution: The Precedents And Principles We Live By (2012)), David A. Strauss
Not Unwritten, After All? (Reviewing Akhil Reed Amar, America's Unwritten Constitution: The Precedents And Principles We Live By (2012)), David A. Strauss
Articles
No abstract provided.
The Problem Of Resource Access, Lee Anne Fennell
The Problem Of Resource Access, Lee Anne Fennell
Articles
The Coasean insight that transaction costs stand between the world as we know it and an ideal of perfect efficiency has provided generations of law and economics scholars with an analytic North Star But for legal scholars interested in the efficiency implications of property arrangements, transaction costs turn out to constitute an unhelpful category. Transaction costs are related to property rights in unstable and contested ways, and they comprise a heterogeneous set of impediments, not all of which are amenable to cost-effective reduction through law. Theating them as focal confuses the cause of our difficulties in structuring access to resources …
Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Huq
Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Huq
Articles
No abstract provided.
Property In Housing, Lee Anne Fennell
Property In Housing, Lee Anne Fennell
Kreisman Working Paper Series in Housing Law and Policy
No abstract provided.
Self-Regulation For The Mortgage Industry, M. Todd Henderson
Self-Regulation For The Mortgage Industry, M. Todd Henderson
Coase-Sandor Working Paper Series in Law and Economics
This Article proposes an alternative to direct government regulation of mortgage brokers: self-regulation of the mortgage industry that mimics the arguably successful self-regulation of the securities industry that has occurred over the past two centuries. Although not without its problems, self-regulation of securities brokers operates more efficiently than government regulation. For example, self-regulation allows for industry expertise to be deployed at low cost and is built on trust and reciprocity, which reduce enforcement costs. In addition, self-regulation locates power at its smallest point and encourages efficient resolution of disputes by ensuring commensurable regulatory intervention. Most crucially for the mortgage industry, …
Why Has Regional Income Convergence In The U.S. Declined?, Peter Ganong, Daniel Shoag
Why Has Regional Income Convergence In The U.S. Declined?, Peter Ganong, Daniel Shoag
Kreisman Working Paper Series in Housing Law and Policy
No abstract provided.
Inside Or Outside The System?, Eric A. Posner, Adrian Vermeule
Inside Or Outside The System?, Eric A. Posner, Adrian Vermeule
Public Law and Legal Theory Working Papers
In a typical pattern in the literature on public law, the diagnostic sections of a paper draw upon political science, economics or other disciplines to offer deeply pessimistic accounts of the motivations of relevant actors in the legal system. The prescriptive sections of the paper, however, then issue an optimistic proposal that the same actors should supply public-spirited solutions. Where the analyst makes inconsistent assumptions about the motivations of actors within the legal system, equivocating between external and internal perspectives, an inside/outside fallacy arises. We identify the fallacy, connect it to an economics literature on the "determinacy paradox," and elicit …
Raising The Stakes In Patent Cases, Anup Malani, Jonathan Masur
Raising The Stakes In Patent Cases, Anup Malani, Jonathan Masur
Articles
No abstract provided.
Policy Preferences And Legal Interpretation, Anup Malani, Ward Farnsworth, Dustin F. Guzior
Policy Preferences And Legal Interpretation, Anup Malani, Ward Farnsworth, Dustin F. Guzior
Articles
No abstract provided.
The Social Production Of National Security, Aziz Huq
The Social Production Of National Security, Aziz Huq
Articles
This Article analyzes a recent policy innovation offered by governments on both sides of the Atlantic as a means of mitigating one form of national security risk: the idea that private individuals and voluntary associations have an untapped capacity for combating terrorism and in particular al Qaeda. Bold assertions in recent strategy statements mooting this possibility have wanted for any supporting account of how private behavior conduces to security. Even if the claimed social production of security against terrorism is causally well-founded, it is unclear how the state can elicit desirable private conduct. Consequently, the proposal's legal and policy ramifications …
Book Review (Reviewing Jack M. Balkin, Living Originalism (2011)), David A. Strauss
Book Review (Reviewing Jack M. Balkin, Living Originalism (2011)), David A. Strauss
Articles
No abstract provided.
Our Electoral Exceptionalism, Nicholas Stephanopoulos
Our Electoral Exceptionalism, Nicholas Stephanopoulos
Articles
Election law suffers from a comparative blind spot. Scholars in the field have devoted almost no attention to how other countries organize their electoral systems, let alone to the lessons that can be drawn from foreign experiences. This Article begins to fill this gap by carrying out the first systematic analysis of redistricting practices around the world. The Article initially separates district design into its three constituent components: institutions, criteria, and minority representation. For each component, the Article then describes the approaches used in America and abroad, introduces a new conceptual framework for classifying different policies, and challenges the exceptional …