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Articles 1 - 30 of 105
Full-Text Articles in Law and Economics
Care Work, Jennifer Nedelsky
Care Work, Jennifer Nedelsky
Articles & Book Chapters
Care is routinely provided both as a commodity (paid care) and as unpaid care, usually by women. Virtually all care is treated as of low value, and care givers, paid and unpaid, are seen as low status. This devaluing of care and those who do it make care a major part of hierarchy and inequality. I argue that the solution is not more commodification (like wages for housework), but a norm of universal, unpaid care-giving. This would be made possible by a corresponding norm of limiting paid work to 30 hours a week. Part Time for All: A Care Manifesto …
After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge
After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge
Faculty Scholarship
Bitcoin and the other cryptocurrencies spawned by the innovation of blockchain programming have exploded in prominence, both in gains of massive market value and in dramatic market losses, the latter most notably seen in connection with the failure of the FTX cryptocurrency exchange in November 2022. After years of investment and speculation, however, something crucial has faded: the original use case for Bitcoin as a system of payment. Can cryptocurrency-as-a-payment-system be saved, or are day traders and speculators the actual cryptocurrency future? This article suggests that cryptocurrency has been hobbled by a lack of foundational commercial and consumer-protection law that …
The Federal Reserve's Mandates, David T. Zaring, Jeffery Y. Zhang
The Federal Reserve's Mandates, David T. Zaring, Jeffery Y. Zhang
Articles
Solutions to systemic problems such as climate change and racial inequities have eluded policymakers for decades. In searching for creative solutions, some policymakers have recently thought about expanding the Federal Reserve’s core set of macroeconomic mandates to tackle these issues. But there are real questions about whether that can be done from a legal perspective and whether that should be done from a policy perspective.
Defining Health Affordability, Govind C. Persad
Defining Health Affordability, Govind C. Persad
Sturm College of Law: Faculty Scholarship
Affordable health care, insurance, and prescription drugs are priorities for the public and for policymakers. Yet the lack of a consensus definition of health affordability is increasingly recognized as a roadblock to health reform efforts. This Article explains how and why American health law invokes health affordability and attempts, or fails, to define the concept. It then evaluates potential affordability definitions and proposes strategies for defining affordability more clearly and consistently in health law.
Part I examines the role health affordability plays in American health policy, in part by contrasting the United States’s health system with systems elsewhere. Part II …
Flexibility And Conversions In New York City's Housing Stock: Building For An Era Of Rapid Change, Ingrid Gould Ellen, Noah Kazis
Flexibility And Conversions In New York City's Housing Stock: Building For An Era Of Rapid Change, Ingrid Gould Ellen, Noah Kazis
Law & Economics Working Papers
Post-COVID, New York City faces reduced demand for commercial space in its central business districts, even as residential demand is resurgent. Just as in past eras of New York’s history, conversion of commercial spaces into housing may help the city adapt to these new market conditions and provide an additional pathway for producing badly needed housing. If 10 percent of office and hotel spaces were converted to residential use, around 75,000 homes would be created, concentrated in Midtown Manhattan. However, there are considerable obstacles to such conversions, including a slew of regulatory barriers. Allowing greater flexibility in building uses—including by …
Opinion: How Software Stifles Competition And Innovation, James Bessen
Opinion: How Software Stifles Competition And Innovation, James Bessen
Faculty Scholarship
Innovation is not what it used to be, and software is part of the reason. In many industries—industries well beyond Big Tech—dominant firms have built large software-based platforms delivering important consumer benefits, but these platforms also slow the rise of innovative rivals, including productive startups.5 Because access to these platforms is limited, competition has been constrained, creating a troubling market dynamic that slows economic growth.
Cbdc+: Why Cbdc Proposals Need To Become More Comprehensive To Succeed, Muharem Kianieff
Cbdc+: Why Cbdc Proposals Need To Become More Comprehensive To Succeed, Muharem Kianieff
Law Publications
The innovation that is associated with developing a digital currency has provided for a unique opportunity to reconsider how consumers can access payment mechanisms and conduct retail banking following the emergence of new fintech technologies. As such, this is a prescient time for policy makers to reconsider financial reform efforts to leverage new technological developments as a means of making the payments system more efficient.
This paper considers some of the challenges facing Central Banks as they attempt to navigate these pressing challenges. In particular, the paper will assess the relative prospects for success for some of the more popular …
Amazon's Pricing Paradox, Rory Van Loo, Nikita Aggarwal
Amazon's Pricing Paradox, Rory Van Loo, Nikita Aggarwal
Faculty Scholarship
Antitrust scholars have widely debated the apparent paradox of Amazon seemingly wielding monopoly power while offering low prices to consumers. A single company’s behavior thereby helped spark an intellectual renaissance as scholars debated why Amazon’s prices were so low, whether antitrust enforcers should intervene, and, eventually, how the field should be reformed for the era of large online platforms. One of the few things that all parties have agreed upon amidst those contentious conversations is that Amazon offers low prices. This Article challenges that assumption by demonstrating that Amazon charges higher prices than commonly understood. More importantly, unraveling the disconnect …
Originalism, Official History, And Perspectives Versus Methodologies, Keith N. Hylton
Originalism, Official History, And Perspectives Versus Methodologies, Keith N. Hylton
Faculty Scholarship
This paper addresses a well-worn topic: originalism, the theory that judges should interpret the Constitution in a manner consistent with the intent of its framers. I am interested in the real-world effects of originalism. The primary effect advanced by originalists is the tendency of the approach to constrain the discretion of judges. However, another effect of originalism that I identify is the creation of official histories, a practice that imposes a hidden tax on society. Another question I consider is whether originalism should be considered a methodology of analyzing the law or a perspective on the law. I argue that …
Sovereign Debt Speculation: A Necessary Restraint Justified By A Concern For Debt Sustainability, Justin Vanderschuren
Sovereign Debt Speculation: A Necessary Restraint Justified By A Concern For Debt Sustainability, Justin Vanderschuren
Fellow, Adjunct, Lecturer, and Research Scholar Works
The actions of funds speculating in sovereign debt, frequently nicknamed “vulture funds”, are often roundly criticized. These funds purchase distressed debts on the secondary market at reduced prices and then seek payment in court at face value plus interest and fees. Although their actions are legally justified, so-called “vulture funds” are vilified due to the negative impact of their activities on sovereign debtors and their population. While there is a strong demand for regulating sovereign debt speculation, various solutions already exist but are, in many ways, insufficient. This article argues for the adoption of a tailored regulation of the speculative …
Agency Incentives And Disparate Revenue Collection: Evidence From Chicago Parking Tickets, Elizabeth Luh, Benjamin David Pyle, James Reeves
Agency Incentives And Disparate Revenue Collection: Evidence From Chicago Parking Tickets, Elizabeth Luh, Benjamin David Pyle, James Reeves
Faculty Scholarship
We examine enforcement patterns in administering parking tickets for failure to purchase vehicle registration, colloquially known as the sticker fine, across ticketing agencies in Chicago. Leveraging a sharp 2012 sticker fine increase in an event-study framework, we find that Chicago police increased their enforcement of sticker non-compliance across Black relative to non-Black neighborhoods, but find no disparate response in the ticketing behavior of other parking enforcement agents. This significant disparity in ticketing by police officers is not driven by changes in compliance or differences in neighborhood characteristics, but rather differential enforcement. We present suggestive evidence of differences in officer incentives …
Taming Wildcat Stablecoins, Gary B. Gorton, Jeffery Y. Zhang
Taming Wildcat Stablecoins, Gary B. Gorton, Jeffery Y. Zhang
Articles
Cryptocurrencies, including stablecoins, are all the rage. Investors are exploring ways to profit off of them. Governments are considering ways to regulate them. While the technology underlying cryptocurrencies is new, the economics is centuries old. Oftentimes, lawmakers are so focused on understanding a new technological innovation that they fail to ask what exactly is being created.
In this case, the new technology has recreated circulating private money in the form of stablecoins, which are similar to the banknotes that circulated in many countries during the nineteenth century. The implication is that stablecoin issuers are unregulated banks. Based on lessons learned …
Valuing Social Data, Amanda Parsons, Salomé Viljoen
Valuing Social Data, Amanda Parsons, Salomé Viljoen
Law & Economics Working Papers
Social data production is a unique form of value creation that characterizes informational capitalism. Social data production also presents critical challenges for the various legal regimes that are encountering it. This Article provides legal scholars and policymakers with the tools to comprehend this new form of value creation through two descriptive contributions. First, it presents a theoretical account of social data, a mode of production which is cultivated and exploited for two distinct (albeit related) forms of value: prediction value and exchange value. Second, it creates and defends a taxonomy of three “scripts” that companies follow to build up and …
Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A. E. Pottow
Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A. E. Pottow
Law & Economics Working Papers
The world of international bankruptcy has seen increasing use of the versatile scheme of arrangement, a form of corporate reorganization available under English law. A key feature of the scheme is its modularity, whereby a debtor can restructure only a single class of debt, such as bond indentures, without affecting other debt, such as trade. This is the opposite of chapter 11 of the U.S. Bankruptcy Code’s comprehensive reckoning of all financial stakeholders. This article considers a novel idea: could the scheme be transplanted into the consumer realm? It argues that it could and should. Substantial benefits of more individually …
Fee Shifting, Nominal Damages, And The Public Interest, Maureen Carroll
Fee Shifting, Nominal Damages, And The Public Interest, Maureen Carroll
Law & Economics Working Papers
As the Supreme Court recognized in its 2021 decision in Uzuegbunam v. Preczewski, nominal damages can redress violations of “important, but not easily quantifiable, nonpecuniary rights.” For some plaintiffs who establish a violation of their constitutional rights, nominal damages will be the only relief available. In its 1992 decision in Farrar v. Hobby, however, the Court disparaged the nominal-damages remedy. The case involved the interpretation of federal fee-shifting statutes, which enable prevailing civil rights plaintiffs to recover a reasonable attorney’s fee from the defendant. According to Farrar, a plaintiff can prevail by obtaining the “technical” remedy of nominal damages, but …
Louisville’S Cj Ryan To Join Indiana Law In January, James Owsley Boyd
Louisville’S Cj Ryan To Join Indiana Law In January, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Adding to an already impressive list of new faculty, the Indiana University Maurer School of Law is pleased to announce CJ Ryan, of the University of Louisville Brandeis School of Law, will join the Law School for the start of the spring 2024 semester.
In addition to his role on the Brandeis faculty, Ryan is an affiliated scholar at the American Bar Foundation.
Learning From Land Use Reforms: Housing Outcomes And Regulatory Change, Noah Kazis
Learning From Land Use Reforms: Housing Outcomes And Regulatory Change, Noah Kazis
Law & Economics Working Papers
This essay serves as the introduction for an edited, interdisciplinary symposium of articles studying recent land use reforms at the state and local level. These papers provide important descriptive analyses of a range of policy interventions, using quantitative and qualitative methods to provide new empirical insights into zoning reform strategies.
After situating and summarizing the collected articles, the Introduction draws out shared themes. For example, these essays demonstrate the efficacy of recent reforms, not only at facilitating housing production but at doing so in especially difficult contexts (like when producing affordable housing and redeveloping single-family neighborhoods). They point to the …
Lex Cryptographica Financiera, J.G. Allen, J.G. Allen
Lex Cryptographica Financiera, J.G. Allen, J.G. Allen
Research Collection Yong Pung How School Of Law
The past year has witnessed significant growth in the size, and mainstream profile, of financial markets built on distributed ledger technology (“DLT”), in particular “blockchain”. In February 2021, the market capitalisation of the cryptoasset Bitcoin, which is built on the first operational blockchain, topped USD 1 trillion. So-called decentralised finance (“DeFi”), built mostly on the Ethereum blockchain, grew from less than USD 1 billion to over USD 80 billion in May 2021. Even if one adopts a sceptical posture towards these developments, “crypto” markets cannot be ignored by scholars or practitioners of financial and monetary law.
Interest Rates, Venture Capital, And Financial Stability, Hilary J. Allen
Interest Rates, Venture Capital, And Financial Stability, Hilary J. Allen
Articles in Law Reviews & Other Academic Journals
Following several prominent bank failures and as central banks continue to tighten interest rates to fight inflation, there is increasing interest in the relationship between monetary policy and financial stability. This Article illuminates one path through which the prolonged period of low interest rates from 2009-2021 has impacted financial stability: it traces how yield-seeking behavior in the wake of the Global Financial Crisis and Covid pandemic led to a bubble in the venture capital industry, which in turn spawned a crypto bubble as well as a run on the VC-favored Silicon Valley Bank. This Article uses this narrative to illustrate …
Interpreting The Administrative Procedure Act: A Literature Review, Christopher J. Walker, Scott Macguidwin
Interpreting The Administrative Procedure Act: A Literature Review, Christopher J. Walker, Scott Macguidwin
Law & Economics Working Papers
The modern administrative state has changed substantially since Congress enacted the Administrative Procedure Act (APA) in 1946. Yet Congress has done little to modernize the APA in those intervening seventy-seven years. That does not mean the APA has remained unchanged. Federal courts have substantially refashioned the APA’s requirements for administrative procedure and judicial review of agency action. Perhaps unsurprisingly, calls to return to either the statutory text or the original meaning (or both) have intensified in recent years. “APA originalism” projects abound.
As part of the Notre Dame Law Review’s Symposium on the History of the Ad- ministrative Procedure Act …
A Further Look At A Hague Convention On Concurrent Proceedings, Paul Herrup, Ronald A. Brand
A Further Look At A Hague Convention On Concurrent Proceedings, Paul Herrup, Ronald A. Brand
Articles
The current project of the Hague Conference on Private International Law has reached a critical juncture that requires careful consideration of the terms that delineate the scope of the proposed convention. Work to date has not followed the mandate of the Council on General Affairs and Policy to produce a convention that would deal with concurrent proceedings, understood as including pure parallel proceedings and related actions. In two previous articles we have addressed the practical needs that should be addressed by the concurrent proceedings project and the general architecture of such a convention. The process is now mired in terminological …
Estimating The Impact Of The Age Of Criminal Majority: Decomposing Multiple Treatments In A Regression Discontinuity Framework, Michael Mueller-Smith, Benjamin David Pyle, Caroline Walker
Estimating The Impact Of The Age Of Criminal Majority: Decomposing Multiple Treatments In A Regression Discontinuity Framework, Michael Mueller-Smith, Benjamin David Pyle, Caroline Walker
Faculty Scholarship
This paper studies the impact of adult prosecution on recidivism and employment trajectories for adolescent, first-time felony defendants. We use extensive linked Criminal Justice Administrative Record System and socio-economic data from Wayne County, Michigan (Detroit). Using the discrete age of majority rule and a regression discontinuity design, we find that adult prosecution reduces future criminal charges over 5 years by 0.48 felony cases (↓ 20%) while also worsening labor market outcomes: 0.76 fewer employers (↓ 19%) and $674 fewer earnings (↓ 21%) per year. We develop a novel econometric framework that combines standard regression discontinuity methods with predictive machine learning …
Initiation Payments, Scott Hirst
Initiation Payments, Scott Hirst
Faculty Scholarship
Many of the central discussions in corporate governance, including those regarding proxy contests, shareholder proposals, and other activism or stewardship, can be understood as a single question: Is there under-initiation of corporate changes that investors would collectively prefer?
This Article sheds light on this question in three ways. First, the Article proposes a theory of investor initiation, which explains the hypothesis that there is under-initiation of collectively-preferred corporate change by investors. Even though investors collectively prefer that certain corporate changes take place, the costs to any individual investor from initiating such changes through high-cost proxy contests, or even low-cost shareholder …
Romano Named A Rumsfeld Graduate Fellow, James Owsley Boyd
Romano Named A Rumsfeld Graduate Fellow, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
James Romano’s interests are out of this world. The 2L at the Indiana University Maurer School of Law is intrigued by the futuristic sounding concept of space law, but is quick to note that there’s nothing futuristic about it.
“More private companies are rapidly entering space,” Romano said, “and I’m deeply interested in the question of ‘What does the future of space look like?’”
While Romano’s focus may be directed upward, his trajectory on Earth is quickly ascending.
Romano is one of 14 scholars selected as a Rumsfeld Foundation Graduate Fellow for 2023-24. The fellowships, named in honor of the …
Beneath The Property Taxes Financing Education, Timothy M. Mulvaney
Beneath The Property Taxes Financing Education, Timothy M. Mulvaney
Faculty Scholarship
Many states turn in sizable part to local property taxes to finance public education. Political and academic discourse on the extent to which these taxes should serve in this role largely centers on second-order issues, such as the vices and virtues of local control, the availability of mechanisms to redistribute property tax revenues across school districts, and the overall stability of those revenues. This Essay contends that such discourse would benefit from directing greater attention to the justice of the government’s threshold choices about property law and policy that impact the property values against which property taxes are levied.
The …
What’S Scope 3 Good For?, Madison Condon
What’S Scope 3 Good For?, Madison Condon
Faculty Scholarship
Opposition to the Securities and Exchange Commission’s (“SEC”) new rule on updated climate risk reporting has focused on one category of disclosures as particularly objectionable: Scope 3 emissions.7 Otherwise known as “supply chain emissions,” Scope 3 emissions have been voluntarily reported by a growing number of companies since the term was invented as part of the Greenhouse Gas Protocol in 2001.8 They include all the emissions both up and downstream of a corporations’ own activities: the emissions of the privately-owned factory that produced the shoes Target sells, as well as the emissions you burn while driving to the …
Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott
Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott
Law & Economics Working Papers
In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …
The Business Of Securities Class Action Lawyering, Stephen J. Choi, Jessica Erickson, Adam C. Pritchard
The Business Of Securities Class Action Lawyering, Stephen J. Choi, Jessica Erickson, Adam C. Pritchard
Law & Economics Working Papers
Plaintiffs’ lawyers in the United States play a key role in combating corporate fraud. Shareholders who lose money as a result of fraud can file securities class actions to recover their losses, but most shareholders do not have enough money at stake to justify overseeing the cases filed on their behalf. As a result, plaintiffs’ lawyers control these cases, deciding which cases to file and how to litigate them. Recognizing the agency costs inherent in this model, the legal system relies on lead plaintiffs and judges to monitor these lawyers and protect the best interests of absent class members. Yet …
Cryptic Patent Reform Through The Inflation Reduction Act, Arti K. Rai, Rachel Sachs, Nicholson Price
Cryptic Patent Reform Through The Inflation Reduction Act, Arti K. Rai, Rachel Sachs, Nicholson Price
Law & Economics Working Papers
If a statute substantially changes the way patents work in an industry where patents are central, but says almost nothing about patents, is it patent reform? We argue the answer is yes — and it’s not a hypothetical question. The Inflation Reduction Act (IRA) does not address patents, but its drug pricing provisions are likely to prompt major changes in how patents work in the pharmaceutical industry. For many years scholars have decried industry’s ever-evolving strategies that use combinations of patents to block competition for as long as possible, widely known as “evergreening,” but legislators have not been receptive to …
Using Odr Platforms To Level The Playing Field: Improving Pro Se Litigation Through Odr Design, J.J. Prescott
Using Odr Platforms To Level The Playing Field: Improving Pro Se Litigation Through Odr Design, J.J. Prescott
Law & Economics Working Papers
In a few short years, court-connected ODR has shown itself capable of dramatically improving access to justice by reducing or eliminating barriers rooted in the simple fact that courts have traditionally offered dispute resolution services only during certain hours, only in particular physical places, and primarily through traditional face-to-face proceedings. Given the monopoly that courthouses have long had on resolving many legal issues, too many Americans have discovered their rights are simply too difficult or costly to exercise. As court-connected ODR systems spread, offering new types of dispute resolution services everywhere and often at any time, people will soon find …