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The Allocation Problem in Multiple-Claimant Representatives
(Supreme Court Economic Review, 2006)
Multiple-claimant representations--class actions and other group lawsuits-pose two principal-agent problems: Shirking (failure to maximize the aggregate recovery) and misallocation (distribution of the aggregate recovery ...
What Are We Comparing in Comparative Negligence?
(Washington University Law Review, 2007)
In tort cases, comparative negligence now is the dominant method for determining damages. Under that method, the jury apportions fault among the parties and assesses damages in proportion to the relative fault assessment. ...
The Law and Large Numbers
(Constitutional Commentary, 2002)
Can mathematics be used to inform legal analysis? This is not a ridiculous question. Law has certain superficial resemblances to mathematics. One might view the Constitution and
various statutes as providing "axioms" for ...
Six Degrees of Cass Sunstein
(Green Bag 2d, 2007)
Degrees of separation is a concept that is intuitive and appealing in popular culture as well as academic discourse: It tells us something about the connectedness of a particular field. It also reveals paths of influence ...
All or Nothing: Explaining the Size of Supreme Court Majorities
(North Carolina Law Review, 2000)
In this Article, Professors Edelman and Sherry use a probabilistic model to explore the process of coalition formation on the United States Supreme Court. They identify coalition formation as a Markov process with absorbing ...
A Derivatives Market in Legal Academia
(Green Bag 2D, 2009)
Building on the success of derivatives markets in the financial arena, I show how similar markets can be used to hedge risk in legal academia. Prudent use of these markets will generate cash, mitigate errors in hiring, and ...
Mr. Sunstein's Neighborhood: Won't You Be Our Co-Author?
(The Green Bag Almanac & Reader, 2009)
In Six Degrees of Cass Sunstein: Collaboration Networks in Legal Scholarship (11 Green Bag 2d 19 (2007)) we began the study of the collaboration network in legal academia. We concluded that the central figure in the network ...
Corporate Voting
(Vanderbilt Law Review, 2009)
Discussion of shareholder voting frequently begins against a background of the democratic expectations and justifications present in decision-making in the public sphere. Directors are assumed to be agents of the shareholders ...
The Most Dangerous Justice Rides into the Sunset
(Constitutional Commentary, 2007)
In this essay, our third and last in a series, we employ our previously developed techniques to measure the power of the Justices in the Rehnquist Court over its full 11 year run. Once again, Justice Kennedy rises to the ...
Pick a Number, Any Number: State Representation in Congress After the 2000 Census
(California Law Review, 2002)
In this essay, Professors Edelman and Sherry explain the mathematics behind the allocation of congressional seats to each state, and survey the different methods of allocation that Congress has used over the years. Using ...