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Full-Text Articles in Law
Mead As (Mostly) Moot: Predictive Interpretation In Administrative Law, Ryan D. Doerfler
Mead As (Mostly) Moot: Predictive Interpretation In Administrative Law, Ryan D. Doerfler
Articles
In National Cable & Telecommunications Ass’n v. Brand X Internet Services, the Supreme Court explained that, within the domain of unclear agency-administered statutes, a federal court is subordinate to an administering agency. When an administering agency
Trial Court Budgets, The Enforcer's Dilemma, And The Rule Of Law, Scott Baker, Anup Malani
Trial Court Budgets, The Enforcer's Dilemma, And The Rule Of Law, Scott Baker, Anup Malani
Articles
No abstract provided.
Let The Right 'One' Win: Policy Lessons From The New Economics Of Platforms, E. Glen Weyl, Alexander White
Let The Right 'One' Win: Policy Lessons From The New Economics Of Platforms, E. Glen Weyl, Alexander White
Coase-Sandor Working Paper Series in Law and Economics
Many of the leading controversies in competition policy in the last two decades, especially those surrounding the Microsoft case, reflect the challenges posed by platform industries. Unfortunately, too often economists and policymakers have drawn the wron
Agglomerama, Lee Anne Fennell
Agglomerama, Lee Anne Fennell
Coase-Sandor Working Paper Series in Law and Economics
Urbanization presents students of commons dilemmas with a pressing challenge: how to achieve the benefits of proximity among people and land uses while curbing the negative effects of that same proximity. This piece, written for the 2014 BYU Law Review Sy
Human Capital Effects Of Anti-Poverty Programs: Evidence From A Randomized Housing Voucher Lottery, Brian A. Jacob, Max Kapustin, Jens Ludwig
Human Capital Effects Of Anti-Poverty Programs: Evidence From A Randomized Housing Voucher Lottery, Brian A. Jacob, Max Kapustin, Jens Ludwig
Kreisman Working Paper Series in Housing Law and Policy
Whether government transfer programs increase the human capital of low-income children is a question of first-order policy importance. Such policies might help poor children if their parents are credit constrained, and so under-invest in their human capit
Guarding The Subjective Premium: Condemnation Risk Discounts In The Housing Market, Sebastien Gay, Nadia Nasser-Ghodsi
Guarding The Subjective Premium: Condemnation Risk Discounts In The Housing Market, Sebastien Gay, Nadia Nasser-Ghodsi
Kreisman Working Paper Series in Housing Law and Policy
We propose the condemnation risk discount theory, whereby home buyers deduct a discount from housing prices in the absence of insurance against the risk that the government will condemn their property for private transfer. Homeowners cannot separate out t
Expertise Value Added In The Real Estate Market, Sebastien Gay, Allen T. Zhang
Expertise Value Added In The Real Estate Market, Sebastien Gay, Allen T. Zhang
Kreisman Working Paper Series in Housing Law and Policy
No abstract provided.
Agglomerama, Lee Anne Fennell
Agglomerama, Lee Anne Fennell
Kreisman Working Paper Series in Housing Law and Policy
Urbanization presents students of commons dilemmas with a pressing challenge: how to achieve the benefits of proximity among people and land uses while curbing the negative effects of that same proximity. This piece, written for the 2014 BYU Law Review Sy
Agglomerama, Lee Anne Fennell
Agglomerama, Lee Anne Fennell
Public Law and Legal Theory Working Papers
Urbanization presents students of commons dilemmas with a pressing challenge: how to achieve the benefits of proximity among people and land uses while curbing the negative effects of that same proximity. This piece, written for the 2014 BYU Law Review Sy
The Psychology Of Corporate Rights, Avital Mentovich, Aziz Huq, Moran Cerf
The Psychology Of Corporate Rights, Avital Mentovich, Aziz Huq, Moran Cerf
Public Law and Legal Theory Working Papers
Relying on the corporate personhood doctrine, the U.S. Supreme Court has increasingly expanded the scope of rights granted to corporations and other forms of collective entities. While this trend has received widespread attention in legal scholarship and
State Regulation And The Necessary And Proper Clause, William Baude
State Regulation And The Necessary And Proper Clause, William Baude
Public Law and Legal Theory Working Papers
The new marijuana federalism is here, but is it here to stay? In this Article, I address that question by way of two related points, a practical one and a technical one, and I ultimately argue that state regulation should have a bigger role in fixing the limits of federal constitutional power. The practical point is that the current regime of state marijuana legalization is unstable, and it is a miracle that it is working as well as it is. Because marijuana remains contraband at the federal level, businesses and lawmakers who invest in responsible legalization at the state level …
Sharing The Necessary And Proper Clause, William Baude
Guarding The Subjective Premium: Condemnation Risk Discounts In The Housing Market, Sebastien Gay, Nadia Nasser-Ghodsi
Guarding The Subjective Premium: Condemnation Risk Discounts In The Housing Market, Sebastien Gay, Nadia Nasser-Ghodsi
Articles
No abstract provided.
Redeeming Bond?, Alison Lacroix
Well-Being And Public Policy, John Bronsteen, Christopher Buccafusco, Jonathan Masur
Well-Being And Public Policy, John Bronsteen, Christopher Buccafusco, Jonathan Masur
Coase-Sandor Working Paper Series in Law and Economics
Governments rely on certain basic economic metrics and tools to analyze prospective laws and policies and to monitor how well their countries are doing. For decades, critics of such economic measures have argued that they ignore important aspects of value
The Antitrust Analysis Of Rules And Standards For Software Platforms, David S. Evans
The Antitrust Analysis Of Rules And Standards For Software Platforms, David S. Evans
Coase-Sandor Working Paper Series in Law and Economics
Software platforms anchor vast global communities of users, application developers, device manufacturers, content providers, advertisers, and others. They drive innovation by enabling entrepreneurs, often anywhere in the world, to develop “applications” a
Well-Being And Public Policy, John Bronsteen, Christopher Buccafusco, Jonathan Masur
Well-Being And Public Policy, John Bronsteen, Christopher Buccafusco, Jonathan Masur
Public Law and Legal Theory Working Papers
Governments rely on certain basic economic metrics and tools to analyze prospective laws and policies and to monitor how well their countries are doing. For decades, critics of such economic measures have argued that they ignore important aspects of value
Sharing The Necessary And Proper Clause, William Baude
Sharing The Necessary And Proper Clause, William Baude
Public Law and Legal Theory Working Papers
Few constitutional clauses have been the focus of so many hopes and fears as the Necessary and Proper Clause. In his Foreword, Professor John Manning puts forward a powerful vision of the clause, challenging the current approach of the Supreme Court. F
The Paradoxes Of Public Philosophy, Brian Leiter
The Paradoxes Of Public Philosophy, Brian Leiter
Public Law and Legal Theory Working Papers
No abstract provided.
[Dis-]Informing The People's Discretion: Judicial Deference Under The National Security Exemption Of The Freedom Of Information Act, Susan Nevelow Mart, Tom Ginsburg
[Dis-]Informing The People's Discretion: Judicial Deference Under The National Security Exemption Of The Freedom Of Information Act, Susan Nevelow Mart, Tom Ginsburg
Public Law and Legal Theory Working Papers
No abstract provided.
Forcings, Lee Anne Fennell
The Negotiated Structural Constitution, Aziz Huq
Offsetting Benefits, Ariel Porat, Eric A. Posner
Fairness In Law And Economics: Introduction, Lee Anne Fennell, Richard H. Mcadams
Fairness In Law And Economics: Introduction, Lee Anne Fennell, Richard H. Mcadams
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin
A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin
Coase-Sandor Working Paper Series in Law and Economics
No abstract provided.
Contested Space: Design Principles And Regulatory Regimes In Mixed-Income Communities Replacing Public Housing Complexes In Chicago, Robert J. Chaskin, Mark L. Joseph
Contested Space: Design Principles And Regulatory Regimes In Mixed-Income Communities Replacing Public Housing Complexes In Chicago, Robert J. Chaskin, Mark L. Joseph
Kreisman Working Paper Series in Housing Law and Policy
No abstract provided.
Fairness In Law And Economics: Introduction, Lee Anne Fennell, Richard H. Mcadams
Fairness In Law And Economics: Introduction, Lee Anne Fennell, Richard H. Mcadams
Public Law and Legal Theory Working Papers
No abstract provided.
Aligning Campaign Finance Law, Nicholas Stephanopoulos
Aligning Campaign Finance Law, Nicholas Stephanopoulos
Public Law and Legal Theory Working Papers
Campaign finance law is in crisis. In a series of recent decisions, the Supreme Court has rejected state interests such as anti-distortion and equality, while narrowing the anti-corruption interest to its quid pro quo core. This core cannot sustain the bulk of campaign finance regulation. As a result, an array of contribution limits, expenditure limits, and public financing programs have been struck down by the Court. If any meaningful rules are to survive, a new interest capable of justifying them must be found. This Article introduces just such an interest: the alignment of voters’ policy preferences with their government’s policy …
Partisan Gerrymandering And The Efficiency Gap, Nicholas Stephanopoulos, Eric Mcghee
Partisan Gerrymandering And The Efficiency Gap, Nicholas Stephanopoulos, Eric Mcghee
Public Law and Legal Theory Working Papers
The usual legal story about partisan gerrymandering is relentlessly pessimistic. The courts did not even recognize the cause of action until the 1980s; they have never struck down a district plan on this basis; and four sitting Justices want to vacate the field altogether. The Supreme Court’s most recent gerrymandering decision, however, is the most encouraging development in this area in a generation. Several Justices expressed interest in the concept of partisan symmetry — the idea that a plan should treat the major parties symmetrically in terms of the conversion of votes to seats — and suggested that it could …
Valuable Lies, Ariel Porat, Omri Yadlin
Valuable Lies, Ariel Porat, Omri Yadlin
Public Law and Legal Theory Working Papers
Should a Muslim employee who falsely stated in his job interview that he is Christian in order to avoid discrimination be fired for his dishonesty? Should a buyer of a tract of land who conducted an expensive investigation before contracting that revealed a high likelihood of mineral deposits be subject to liability for fraud because he told the seller he knew nothing about the land's mineral potential before purchase? Is a doctor violating her legal duties toward her patient if she convinces him to get vaccinated on the pretext that it is in his best interest when it is instead …