Search
Now showing items 1281-1290 of 1353
Preventative Justice: How Algorithms, Parole Boards and Limiting Retributivism Could End Mass Incarceration
(Wake Forest Law Review, 2021)
A number of states use statistically derived algorithms to provide estimates of the risk of reoffending. In theory, these risk assessment instruments could bring significant benefits. Fewer people of all ethnicities would ...
Proprioception, Non-Law, and Biolegal History
(Florida Law Review, 2001)
This Article explores several advantages of incorporating into law various insights from behavioral biology about how and why the brain works as it does. In particular, the Article explores the ways in which those insights ...
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. ...
Misaligned Lawmaking
(Vanderbilt Law Review, 2020)
Since 1962, when Congress passed the Trade Expansion Act, every new U.S. trade deal has had the same essential bargain at its core. Congress agrees to give the president the power to lower trade barriers, while at the same ...
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 ...
FedAccounts: Digital Dollars
(George Washington Law Review, 2021)
We are entering a new monetary era. Central banks around the world--spurred by the development of privately controlled digital currencies as well as competition from other central banks-have been studying, building, and, ...
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. ...
The Pregnancy Penalty
(Minnesota Law Review, 2018)
Using the findings generated by this first empirical overview of pregnancy in the labor market, this Article will argue
that remedying pregnancy discrimination must become a more urgent priority for civil rights advocates ...
Energy Federalism's Aim
(Harvard Law Review Forum, 2021)
The Federal Power Act (FPA) has endured for eighty-five years, in part because it does not embrace a single regulatory approach for the energy industry. Nor does the FPA favor a single approach to federalism: it delegates ...