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Now showing items 481-490 of 508
Taking Antitrust Away from the Courts
(Great Democracy Initiative, 2018)
A small number of firms hold significant market power in a wide variety of sectors of the economy, leading commentators across the political spectrum to call for a reinvigoration of antitrust enforcement. But the antitrust ...
Pawnshops, Behavioral Economics, and Self-Regulation
(Review of Banking & Financial Law, 2012)
Pawnbroking is the oldest source of credit. There is growing public interest in day-to-day pawnbroking operations, as evidenced by the popularity of reality shows such as “Pawn Stars” and “Hardcore Pawn.” Television viewers’ ...
Is Groton the Next "Evenwel"?
(Michigan Law Review Online, 2018)
In Evenwel v Abbott the Supreme Court left open the question of whether states could employ population measures other than total population as a basis for drawing representative districts so as to meet the requirement of ...
The Emotionally Intelligent Judge
(Court Review, 2013)
Judges, like all of us, have been acculturated to an ideal of dispassion. But judges experience emotion on a regular basis. Judicial emotion must be managed competently. The psychology of emotion regulation can help judges ...
Supply and Demand
(Vanderbilt Law Review, 2012)
Like many fields, energy law has had its ups and downs. A period of remarkable activity in the 1970s and early 1980s focused on the efficiencies arising from deregulation of energy markets, but the field attracted much ...
Countering Nationalist Oligarchy
(Democracy: A Journal of Ideas, 2019)
The real threat to liberal democracy isn’t authoritarianism--it's nationalist oligarchy. Here's how American foreign policy should change.
The Myth of the Condorcet Winner
(Supreme Court Economic Review, 2015)
There is consensus among legal scholars that, when choosing among multiple alternatives, the Condorcet winner, should it exist, is the preferred option. In this essay I will refute that claim, both normatively and positively. ...
Fintech and the Innovation Trilemma
(Georgetown Law Journal, 2019)
Whether in response to robo advising, artificial intelligence, or cryptocurrencies such as Bitcoin, regulators around the world have made it a top policy priority to supervise the exponential growth of financial technology ...
The Law and Politics of Socially Inclusive Trade
(University of Illinois Law Review Online, 2019)
American ambivalence toward international institutions is nothing new. In his farewell address, George Washington famously warned against foreign entanglements. After World War I, the U.S. Senate rejected the Treaty of ...
Trade and the Separation of Powers
(California Law Review, 2019)
This Article makes three contributions. First, we argue that the current discontent over trade is not just a matter of the distribution of economic gains and losses but a matter of the distribution of constitutional powers. ...