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Now showing items 111-120 of 196
Time-Shifted Rationality and the Law of Law's Leverage
(Northwestern University Law Review, 2001)
A flood of recent scholarship explores legal implications of seemingly irrational behaviors by invoking cognitive psychology and notions of bounded rationality. In this article, I argue that advances in behavioral biology ...
Beyond the Witness
(Texas Law Review, 2019)
The focal point of the modern trial is the witness. Witnesses are the source of observations, lay and expert opinions, authentication, as well as the conduit through which documentary, physical, and scientific evidence is ...
Intellectual Property: A Beacon for Reform of Investor-State Dispute Settlement
(Michigan Journal of International Law, 2019)
Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a ...
Revolving Elites: The Unexplored Risk of Capturing the SEC
(Georgetown Law Journal, 2019)
Fears have abounded for years that the sweet spot for capture of regulatory agencies is the “revolving door” whereby civil servants migrate from their roles as regulators to private industry. Recent scholarship on this ...
Guarantor of Last Resort
(The CLS Blue Sky Blog, 2019)
Larry Summers, who was one of President Obama’s key economic advisors when the Dodd-Frank Act of 2010 was enacted, what he called “excessive populism” in portions of that legislation. This might seem surprising; Dodd-Frank’s ...
Parsing the Behavioral and Brain Mechanisms of Third-Party Punishment
(The Journal of Neuroscience, 2016)
The evolved capacity for third-party punishment is considered crucial to the emergence and maintenance of elaborate human social organization and is central to the modern provision of fairness and justice within society. ...
The Fatal Failure of the Regulatory state
(William & Mary Law Review, 2018)
While regulatory agencies place high values on the benefits associated with the reduction in mortality risks due to regulations, these same agencies substantially undervalue lives in their enforcement efforts. The disparity ...
Intuitions of Punishment
(University of Chicago Law Review, 2010)
Recent work reveals, contrary to wide-spread assumptions, remarkably high levels of agreement about how to rank order, by blameworthiness, wrongs that involve physical harms, takings of property, or deception in exchanges. ...
Money as Infrastructure
(2018)
Traditional infrastructure regulation—the law of regulated industries—rests atop three pillars: rate regulation, entry restriction, and universal service. This mode of regulation has typically been applied to providers of ...
Term Limits and Turmoil: Roe v. Wade's "Whiplash"
(Texas Law Review, 2019)
A fixed eighteen-year term for Supreme Court Justices has become a popular proposal with both academics and the general public as a possible solution to the countermajoritarian difficulty and as a means for depoliticizing ...