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Enforcing State Law in Congress's Shadow
(Cornell Law Review, 2005)
Congress imposes a variety of sanctions on individuals who have been convicted of state crimes. This Article argues that these sanctions may distort the enforcement of state law. By raising the stakes involved in state ...
The (Legal) Value of Chance: Distorted Measures of Recovery in Private Law
(American Law and Economics Review, 2005)
Parties who make investments that generate externalities may sometimes recover from the beneficiaries, even in the absence of contract. Previous scholarship has shown that granting recovery, based on either the cost of ...