Search
Now showing items 1-10 of 61
A Pox on Both Your Houses
(Journal of Law, Economics, and Policy, 2013)
As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that it is on a collision course with itself. The Court keeps trying – and failing – to sort out the tensions within the Erie ...
A Simpler Approach to Finance Reform
(Regulation, 2013)
There is a growing consensus that new financial reform legislation may be in order. The Dodd-Frank Act of 2010, while well-intended, is now widely viewed to be at best insufficient, at worst a costly misfire. Members of ...
Plain Packaging and the TRIPS Agreement: A response to Professors Davison, Mitchell and Voon
(Vanderbilt Journal of Transnational Law, 2013)
The issue of plain packaging is at the very core of the intersection between trade law, intellectual property and public health. Unlike the issue of export of generic pharmaceuticals, which was addressed in the World Trade ...
Inferring Desire
(Duke Law Journal, 2013)
In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions ...
Judges and Their Emotions
(Northern Ireland Legal Quarterly, 2013)
This article has briefly set forth the fundamental flaws in the ideal of judicial dispassion, made the case that judges are best advised to engage with rather than suppress their emotions, and demonstrated how taking such ...
Information Asymmetries in Consumer Credit Markets
(American Economic Journal: Applied Economics, 2013)
This paper tests for incentive and selection effects in a subprime consumer credit market. We estimate the incentive effect of loan size on default using sharp discontinuities in loan eligibility rules. This allows us to ...
Federal Preemption and Immigrants' Rights
(Wake Forest Journal of Law & Policy, 2013)
Recently, immigration scholars have focused on the relationship between federal, state, and local governments in regulating immigration to the exclusion of civil rights issues. States and localities assert that they should ...
A Normalized Scoring Model for Law School Competitions
(Green Bag 2D, 2013)
Although the focus in this Article is moot court scoring, one can envision many other instances of law school assessment in which such a normalization problem arises. Law review competitions also involve different sets of ...
Res Ipsa Loquitur (Or Why the Other Essays Prove My Point)
(Vanderbilt Law Review, 2013)
As all the Roundtable essays note, DaimlerChrysler asks the Supreme Court to decide whether and when the in-forum activities of a corporate subsidiary should give rise to general personal jurisdiction over the corporate ...
The Benefits of Mortality Risk Reduction: Happiness Surveys vs. The Value of a Statistical Life
(Duke Law Journal, 2013)
A principal component of many benefit-cost analyses (BCAs) of health, safety, and environmental regulations is the valuation of the fatality risk effects of the underlying policy. Government agencies currently value these ...