Law Commons^™

Chevronizing Around Cost-Benefit Analysis, Jonathan S. Masur, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

The Trump administration’s efforts to weaken regulations are in tension with cost-benefit analysis, which in many cases supports those regulations or otherwise fails to support the administration’s deregulatory objectives. Rather than attempting to justify its actions as a matter of policy preferences, the administration has responded on multiple occasions by using Chevron to interpret statutes so as to evade cost-benefit analysis. The statutory interpretation route, which we call “Chevronizing” around cost-benefit analysis, creates novel challenges for courts, as it pits traditional Chevron deference against a trend in favor of requiring agencies to regulate based on cost-benefit analysis as a matter …

Policy Implications Of The Common Ownership Debate, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

The debate over common ownership initiated by Azar, Schmalz, and Tecu’s paper on airlines has raised questions about what, if any, policy responses are appropriate when common owners reduce competition in product markets. This paper, a response to a symposium for Antitrust Bulletin, reviews the literature on policy responses and evaluates various reform proposals in light of recent empirical and theoretical developments.

Faculty List

Journal of Dispute Resolution

No abstract provided.

Masthead

Journal of Dispute Resolution

No abstract provided.

Pouring A Little Psychological Cold Water On Online Dispute Resolution, Jean R. Sternlight

Journal of Dispute Resolution

No abstract provided.

Rethinking The Delivery Of Justice In A Self-Service Society, Michael L. Buenger

Journal of Dispute Resolution

No abstract provided.

The Dispute Resolution Movement Needs Good Theories Of Change, John Lande

Journal of Dispute Resolution

No abstract provided.

Designing Online Dispute Resolution, Janet K. Martinez

Journal of Dispute Resolution

No abstract provided.

Will Discovery Kill Arbitration?, Kevin Mason

Journal of Dispute Resolution

No abstract provided.

Mediation And Misconduct: A Better Way To Resolve Title Ix Disputes, Adam Laytham

Journal of Dispute Resolution

No abstract provided.

State Legislative Update, Juvan Bonni, Jonathan Ence, Lauren Smith, Jackson Tyler

Journal of Dispute Resolution

No abstract provided.

Inflated Private Offering: Regulating Corporate Insiders And Market Moving Disclosures On Social Media, Marisa Papenfuss

Vanderbilt Law Review

This Note will explore Regulation FD’s development, from its enactment in 2000 to its status in the age of social media. It will ultimately propose a safe harbor provision that clearly delineates when issuers and corporate insiders are not subject to the regulation’s requirements. Part I provides an overview of Regulation FD’s provisions and enforcement as well as the SEC’s subsequent guidance, which attempts to elucidate the regulation’s application to new technologies. Part II analyzes the specific problems that arise when Regulation FD is applied to information distributed through social media and assesses scholars’ proposed solutions to these problems. Lastly, …

Constitutional Scholars As Constitutional Actors, Liora Lazarus

All Faculty Publications

Few constitutional scholars would dispute that Carl Schmitt played a legitimating role in the downfall of the Weimar Republic, or that Albert Venn Dicey has defined the UK and other commonwealth constitutions. Why then is there no general conception of constitutional scholars as constitutional actors? It is now well established that ‘to understand how our Constitution and laws are practised, it is necessary to study and understand many more institutions in the system than simply the Judiciary’ While the focus has broadened to include a range of constitutional office holders and institutions, little has been said about the role and …

Scattered Governance: A Typology For Toronto’S Business Improvement Areas, Alexandra Flynn

All Faculty Publications

Business Improvement Areas (BIAs) - or Business Improvement Districts as they are known in the United States - are self-taxing local bodies that play an important role in urban governance. Toronto, which was the location of the first BIA in the world, has one of the highest number of BIAs in North America, yet little is known about how these bodies differ across the city. Using a mixed methodological approach that includes geographic information systems mapping, quantitative analysis, and semi-structured interview data, this chapter addresses this gap in knowledge by offering a typology of Toronto BIAs, looking at the metrics …

Intimate Partner Violence And Covid-19 In Rural, Remote, And Northern Canada: Relationship, Vulnerability And Risk, Pertice Pertice Moffitt, Wendy Aujla, Crystal J. Giesbrecht, Isabel Grant, Anna-Lee Straatman

All Faculty Publications

In rural, remote, and northern parts of Canada, the pre-existing vulnerability and risk for intimate partner violence has been exacerbated by COVID-19. The purpose of this commentary is to identify the unique impact of COVID-19 on intimate partner violence both in terms of the bearing on those experiencing abuse and on the service sector in rural, remote and northern communities where the rates of intimate partner violence and intimate partner femicide pre-pandemic are higher than in larger cities. The recommendations offered in this paper include enhanced safety planning, alternate housing for victims fleeing violence, and suggestions for service providers. We …

Treating Professionals Professionally: Requiring Security Of Position For All Skills-Focused Faculty Under Aba Accreditation Standard 405(C) And Eliminating 405(D), J. Lyn Entrikin, Lucy Jewel, Susie Salmon, Craig T. Smith, Kristen K. Tiscoine, Melissa H. Weresh

Faculty Publications

No abstract provided.

The Value Of An Academic Law Library In The 21st Century, Anne Klinefelter

Faculty Publications

Law school deans and university provosts may ask how law libraries can deliver value as new technologies, practices, and economic pressures inspire reassessment of legal education and of higher education more generally. The proliferation of information delivery systems, trends towards centralized management of higher education infrastructure, and changes in the law practice market suggest that the traditional law library may not meet current needs. But law libraries have the potential and opportunity to deliver strong value in this environment due largely to the sophistication of today's law librarians. The law library can be a center for expertise that can advance …

The Paradox Of Automation As Anti-Bias Intervention, Ifeoma Ajunwa

Faculty Publications

A received wisdom is that automated decision-making serves as an anti-bias intervention. The conceit is that removing humans from the decision-making process will also eliminate human bias. The paradox, however, is that in some instances, automated decision-making has served to replicate and amplify bias. With a case study of the algorithmic capture of hiring as a heuristic device, this Article provides a taxonomy of problematic features associated with algorithmic decision-making as anti-bias intervention and argues that those features are at odds with the fundamental principle of equal opportunity in employment. To examine these problematic features within the context of algorithmic …

The Ends And Means Of Decarbonization: The Green New Deal In Context, Jonas J. Monast

Faculty Publications

Disputes about climate policy involve much more than whether or not to reduce greenhouse gas emissions. There is general agreement among proponents of climate policy that strategies should be cost effective, address distributional impacts, and incentivize investments in low-carbon technologies. Yet disagreements abound regarding additional goals of climate policy design.

Decarbonizing the economy means changing the sources of energy we use, how we transport people and products, how we produce food, and which resources we consume. Yet even among proponents of federal climate legislation there is strong disagreement regarding policy instruments. Recent proposals for a revenue-neutral carbon tax and a …

Protecting The Role Of The Press In Times Of Crisis, Mary-Rose Papandrea

Faculty Publications

Part I of this Article will discuss defamation law with a focus on the Court’s decision in New York Times Co. v. Sullivan. This decision “constitutionalized” the common law tort of defamation and dealt a death blow to a series of lawsuits by southern government officials aimed at silencing the publication.14 The decision has since provided an essential foundation for press freedom for over fifty years. At the same time, because the decision did not grant the press (or the public generally) absolute immunity for the publication of defamatory information about matters of public concern, speakers potentially face years …

Legal Writing's Harmful Psyche, Kevin Bennardo

Faculty Publications

This essay proceeds in four parts. It first supports the descriptive claim that many in the legal writing discipline perceive themselves as victims of unfair treatment within legal academia. Second, it explores the consequences of that self-perception, including the norm of protectionism that has developed within the discipline. The narrative that legal writing professors are mistreated by those outside the discipline has resulted in an internal culture in which many members of the discipline support their own no matter what.

Third, the essay explores how such protectionism is harmful to the development of the legal writing discipline. An academic discipline …

Bot Contracts, Deborah R. Gerhardt, David Thaw

Faculty Publications

In this Article, we explain why the transactions commonly known as “smart contracts” are better understood as “bot contracts.” Taking an interdisciplinary approach, we show why the “smart contracts” moniker is misdescriptive in two important ways. First, these transactions are automated, not smart. Second, they do not afford parties many enforcement rights and defenses that one expects from common law contractual relationships. To fully understand these transactions, it is important to appreciate how the term “smart contracts” differs from what the technology delivers.

Our review of the technology explains that these transactions have tremendous practical utility in reducing risk and …

Internet Service Provider Liability For Disseminating False Information About Voting Requirments And Procedures, William P. Marshall

Faculty Publications

This Article will examine the constitutionality of deceptive campaign practices acts under the First Amendment. It will also take the analysis one step further by analyzing whether Internet service providers may be held liable for the deceptive campaign messages posted by their customers and users, similar to the way that providers can be held liable for instances of copyright infringement posted by their customers and users.

The First Anti-Sanctuary Law: Proposition 187 And The Transformation Of Immigration Enforcement, Rick Su

Faculty Publications

Anti-sanctuary efforts are sweeping the country, as the federal government and a growing number of states impose stringent restrictions on the ability of cities and other localities to limit their involvement in federal immigration enforcement. Many are now wondering how far this movement will go. But where and how did this movement begin? This Essay argues that the roots of the contemporary anti-sanctuary movement can be traced to Proposition 187, a ballot initiative adopted by California voters in 1994. As the nation’s first anti-sanctuary law, Proposition 187 established the basic provisions featured in nearly every anti-sanctuary measure enacted since. Moreover, …

The Death Of Custom: Winners And Losers In The Legal Transformation Of Peri-Urban Land In Niger, Thomas A. Kelley Iii

Faculty Publications

No abstract provided.

Identity: Obstacles And Openings, Osamudia James

Faculty Publications

No abstract provided.

Future Work, Jeffrey M. Hirsch

Faculty Publications

The Industrial Revolution. The Digital Age. These revolutions radi-cally altered the workplace and society. We may be on the cusp of a new era -- one that will rival or even surpass these historical disruptions. Technology such as artificial intelligence, robotics, virtual reality, and cutting-edge monitoring devices are developing at a rapid pace. These technologies have already begun to infiltrate the workplace and will continue to do so at ever increasing speed and breadth.

This Article addresses the impact of these emerging technologies on the workplace of the present and the future. Drawing upon interviews with leading technologists, the Article …

Forcing Judges To Criminalize Poverty In North Carolina, Gene R. Nichol

Faculty Publications

No abstract provided.

Automated Legal Guidance, Leigh Z. Osofsky, Joshua D. Blank

Faculty Publications

Through online tools, virtual assistants, and other technology, governments increasingly rely on artificial intelligence to help the public understand and apply the law. The Internal Revenue Service, for example, encourages taxpayers to seek answers regarding various tax credits and deductions through its online “Interactive Tax Assistant.” The U.S. Army directs individuals with questions about enlistment to its virtual guide, “Sgt. Star.” And the U.S. Citizenship and Immigration Services suggests that potential green card holders and citizens speak with its interactive chatbot, “Emma.” Through such automated legal guidance, the government seeks to provide advice to the public at a fraction of …

Social Utility Of Music: A Case For A Copyright Exemption For Therapeutic Uses, Amanda Reid

Faculty Publications

No abstract provided.